[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Rules and Regulations]
[Pages 50767-50770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17986]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0743; Project Identifier MCAI-2020-00728-A; 
Amendment 39-21200; AD 2020-16-16]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Pacific Aerospace Limited Model 750XL airplanes. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as the outer race of bearing migrating out of the aileron 
pivot fork on the control column. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective September 7, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 7, 
2020.
    The FAA must receive comments on this AD by September 7, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     For service information identified in this AD, contact 
Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, 
Hamilton 3240, New Zealand; telephone: +64 7 843 6144; facsimile: +64 7 
843 6134; email: [email protected]; internet: https://www.aerospace.co.nz. You may view this referenced service information 
at the FAA, Airworthiness Products Section, Operational Safety Branch, 
901 Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call (816) 329-4148. It is 
also available on the internet at https://www.regulations.gov by 
searching for Docket No. FAA-2020-0743.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0743; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this AD, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
General Aviation & Rotorcraft Section, International Validation Branch, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 
329-

[[Page 50768]]

4144; fax: (816) 329-4090; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD No. DCA/750XL/33A, dated February 7, 
2019 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI 
states:

    DCA/750XL/33A is prompted by a report of finding the outer race 
of bearing P/N NA4901-2RSR migrating out of an aileron pivot fork on 
a control column of a 750XL aircraft. The [CAA] AD is issued to 
introduce retaining washers to the aileron pivot bearings in 
accordance with the instructions in Pacific Aerospace Mandatory 
Service Bulletin (MSB) PACSB/XL/115 issue 3, dated 21 January 2019. 
This issue 3 MSB introduces alternate washer P/N AN960-516 for P/N 
AN960-516L. The issue 2 MSB introduced alternate bolts for P/N 
NAS6605D60.

    The original design of the aileron pivot bearings did not have the 
retaining hardware. After the design was revised and the retaining 
hardware was added to the design drawing, production did not follow the 
drawing. As a result, aileron pivot bearings were installed on the 
affected airplanes without retaining hardware. Without the retaining 
hardware, the outer race of the bearing can slip out of the aileron 
pivot fork, which may lead to excessive play in the control column.
    You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0743.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Limited Mandatory Service 
Bulletin PACSB/XL/115, Issue 3, dated January 21, 2019; Pacific 
Aerospace Limited Drawing Number WAS 7, Issue B, dated November 27, 
2018; and Pacific Aerospace Limited Drawing Number WAS18, Issue NC, 
dated December 13, 2018. The service bulletin contains procedures for 
inspecting the aileron pivot fork end bearing assemblies of the 
starboard and port control columns for security and installing 
retaining washers and a bolt secured with a castellated nut and split 
pin. The service drawings contain the specifications of the required 
washers. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Other Related Information

    The FAA also reviewed Pacific Aerospace Drawing Number BOL6603 thru 
6620, Issue A, dated December 19, 2018. This drawing contains the 
specifications for bolts that may be used in the aileron pivot fork end 
bearing assemblies.

Differences Between the MCAI and This AD

    The MCAI requires a daily inspection of the bearing assemblies and 
allows either a mechanic or a pilot rated for this airplane to perform 
these inspections. This AD does not require these daily inspections.
    The MCAI requires installation of the retaining hardware within 165 
hours time-in-service (TIS). The aileron pivot fork bearing could 
migrate out of position at any time during any flight operation. 
Because this AD does not require the daily visual inspections until the 
retaining hardware is installed, the FAA has determined that a shorter 
compliance time is necessary to address the unsafe condition. 
Therefore, this AD requires installing the retaining hardware within 10 
hours TIS or 15 days, whichever occurs first.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, it has 
notified us of the unsafe condition described in the MCAI and service 
information referenced above. The FAA is issuing this AD because it 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
aileron pivot fork bearing could slip out of the control column at any 
time during flight and cause excessive play in the control column. This 
condition could result in loss of airplane control. Therefore, the 
corrective actions are required by this AD within 10 hours TIS or 15 
days, whichever occurs first. The risk assessment received by the FAA, 
and reconfirmed in July of 2020, indicates that urgent action is 
required. Thus, the FAA finds good cause that notice and opportunity 
for prior public comment are impracticable. In addition, for the 
reasons stated above, the FAA finds that good cause exists for making 
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the Docket Number FAA-2020-
0743 and Product Identifier MCAI-2020-00728-A at the beginning of your 
comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments we receive, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact we receive about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Mike 
Kiesov, Aerospace Engineer, FAA General Aviation & Rotorcraft Section, 
International Validation Branch, 901 Locust, Room 301, Kansas City, 
Missouri 64106. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Costs of Compliance

    The FAA estimates that this AD will affect 22 products of U.S. 
registry. The FAA estimates that it will take 3 work-hours per product 
to install the

[[Page 50769]]

retaining washers and bolt secured with a castellated nut and split pin 
to the aileron pivot fork bearing required by this AD. The average 
labor rate is $85 per work-hour. Required parts will cost about $20.
    Based on these figures, the FAA estimates the cost of this AD on 
U.S. operators to be $6,050, or $275 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. The FAA does not control warranty coverage for affected 
individuals. As a result, the FAA has included all costs in this cost 
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Regulatory Findings

    The FAA determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2020-16-16 Pacific Aerospace Limited: Amendment 39-21200; Docket No. 
FAA-2020-0743; Project Identifier MCAI-2020-00728-A.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 7, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers 101 through 220, 8001, and 8002, 
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as the outer race 
of bearing migrating out of the aileron pivot fork on the control 
column. The FAA is issuing this AD to prevent the aileron pivot fork 
bearing from slipping out of the control column during flight. This 
unsafe condition, if not corrected, could cause excessive play in 
the control column with consequent loss of airplane control.

(f) Actions and Compliance

    Unless already done, within 10 hours time-in-service after 
September 7, 2020 (the effective date of this AD) or within 15 days 
after September 7, 2020 (the effective date of this AD), whichever 
occurs first, install retaining hardware on each aileron pivot fork 
bearing assembly fork end on the starboard and port control columns 
in accordance with Part B-Installation-hardware of the 
Accomplishment Instructions in Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/115, Issue 3, dated January 21, 2019; 
Pacific Aerospace Limited Drawing Number WAS 7, Issue B, dated 
November 27, 2018; and Pacific Aerospace Limited Drawing Number 
WAS18, Issue NC, dated December 13, 2018.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to ATTN: Mike 
Kiesov, Aerospace Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 
329-4090; email: [email protected]. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.

(h) Special Flight Permit

    Special flight permits are not permitted for this AD.

(i) Related Information

    Refer to MCAI Civil Aviation Authority AD No. DCA/750XL/33A, 
dated February 7, 2019; and Pacific Aerospace Limited Drawing Number 
BOL6603 thru 6620, Issue A, dated December 19, 2018, for related 
information. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0743. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call (816) 329-4148.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Pacific Aerospace Limited Mandatory Service Bulletin PACSB/
XL/115, Issue 3, dated January 21, 2019.
    (ii) Pacific Aerospace Limited Drawing Number WAS 7, Issue B, 
dated November 27, 2018.
    (iii) Pacific Aerospace Limited Drawing Number WAS18, Issue NC, 
dated December 13, 2018.
    (3) For Pacific Aerospace Limited service information identified 
in this AD, contact Pacific Aerospace Limited, Airport Road, 
Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 
7843 6144; fax: +64 7843 6134; email: [email protected]; 
internet: https://www.aerospace.co.nz.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, Missouri 64106. For information

[[Page 50770]]

on the availability of this material at the FAA, call (816) 329-
4148. It is also available on the internet at https://www.regulations.gov by searching for locating Docket No. FAA-2020-
0743.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 4, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.

[FR Doc. 2020-17986 Filed 8-17-20; 8:45 am]
BILLING CODE 4910-13-P