[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Rules and Regulations]
[Pages 52043-52045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18448]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0769; Product Identifier 2018-CE-033-AD; Amendment 
39-21213; AD 2020-17-08]
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 with wing lightning 
protection panels installed. 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 
insufficient electrical bonding of the wing lightning protection 
panels. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective September 14, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 14, 
2020.
    The FAA must receive comments on this AD by October 8, 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; phone: +64 7843 6144; fax: +64 843 6134; email: 
[email protected]; internet: 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 locating Docket No. FAA-2020-0769.

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-
0769; 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) 
329-4144; fax: (816) 329-4090; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority of New Zealand (CAA) has issued AD 
DCA/750XL/21, dated December 15, 2017 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for Pacific Aerospace Limited 
Model 750XL airplanes with wing lightning protection panels installed. 
To accompany the MCAI, the CAA issued Notification of Airworthiness 
Directive issued for New Zealand Aeronautical Products IAW ICAO Annex 
8, dated December 15, 2017, which states:

    This [CAA] AD with effective date 22 December 2017 mandates an 
electrical bonding inspection of the wing lightning protection 
panels per the requirements in Pacific Aerospace Mandatory Service 
Bulletin (MSB) PACSB/XL/092 issue 2, dated 15 December 2017, or 
later approved revision.
    The [CAA] AD is prompted by the possibility that there may be 
insufficient electrical bonding between the lightning protection 
panels and the airframe.

    Due to a report of an airplane with wing lightning strike panels 
that were not bonded to the airframe and without information confirming 
whether the bonding was performed properly during the assembly process, 
a check of all airplanes in operation is necessary.
    In addition to the inspection of the electrical bonding on the wing 
lightning protection panels, the MCAI also requires repair of any 
insufficient electrical bonding found during the inspection. You may 
examine the MCAI on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0769.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Service Bulletin PACSB/XL/092, 
Issue 2, dated December 15, 2017. The service information contains 
procedures for inspecting the electrical bonding (verification testing) 
on the wing lightning protection panels and repairing the electrical 
bonding if insufficient bonding is found during the inspection. 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.

Differences Between This AD and the MCAI

    The MCAI requires compliance before further flight for aircraft 
operating under instrument flight rules (IFR) and before February 15, 
2018, for aircraft operating under visual flight rules. The FAA's 
engineering assessment determined an emergency AD was not warranted. 
Therefore, this AD requires compliance within 30 days for aircraft 
approved to

[[Page 52044]]

operate under IFR and within 60 days for aircraft not approved to 
operate under IFR.

FAA's Determination and Requirements of the 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 the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this AD 
because the agency 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 if 
not corrected the unsafe condition, in the event of a lightning strike, 
could result in an inflight fire. The risk assessment received by the 
FAA, and reconfirmed in July of 2020, indicates that urgent action is 
required. The corrective actions necessary to mitigate this unsafe 
condition must be accomplished within 30 days for IFR operation and 60 
days for VFR operations. Therefore, 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, the FAA invites 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-
0769 and Product Identifier 2019-CE-033-AD at the beginning of your 
comments. The FAA will consider all comments received by the closing 
date and may amend this final rule because of those 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 received, 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 received 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 also estimates that it will take about 5 work-hours 
per product to comply with the basic inspection requirements of this 
AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $9,350, or $425 per product.
    In addition, the FAA estimates that any necessary follow-on repair 
actions will take about 11 work-hours and require parts costing $200, 
for a cost of $1,135 per product. The FAA has no way of determining the 
number of products that may need these actions.

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 has 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 (AD):

2020-17-08 Pacific Aerospace Limited: Amendment 39-21213; Docket No. 
FAA-2020-0769; Product Identifier 2018-CE-033-AD.

[[Page 52045]]

(a) Effective Date

    This AD becomes effective September 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, certificated in any category, with a wing lightning 
protection panel installed.

(d) Subject

    Air Transport Association of America (ATA) Code 39: Electrical 
Wiring.

(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 insufficient 
electrical bonding of the wing lightning protection panels. The FAA 
is issuing this AD to detect and correct insufficient electrical 
bonding between the wing lightning protection panels and the 
airframe that, in the event of a lightning strike in that area, 
could result in an inflight fire.

 (f) Compliance

    Comply with the actions listed in paragraphs (g) and (h) of this 
AD within the compliance times specified, unless already done.

(g) For Airplanes With Short Range Wings

    For airplanes approved for operation under instrument flight 
rules (IFR), do the following actions within 30 days after September 
14, 2020 (the effective date of this AD), and for airplanes not 
approved for operation under IFR, do the following actions within 60 
days after September 14, 2020 (the effective date of this AD):
    (1) Inspect each wing upper surface by following paragraphs 
2.A.(1) through 2.A.(3) of the Accomplishment Instructions--Short 
Range Wing in Pacific Aerospace Service Bulletin PACSB/XL/092, Issue 
2, dated December 15, 2017 (PACSB/XL/092, Issue 2).
    (i) Using a mill-ohmmeter, determine the resistance between the 
test point on each panel and the fuel cap.
    (ii) If the resistance is greater than 100 milliohms, before 
further flight, repair the upper surface electrical bonding by 
following paragraph 2.B. of the Accomplishment Instructions--Short 
Range Wing in PACSB/XL/092, Issue 2.
    (2) Inspect each wing lower surface by following paragraphs 
2.C.(1) through 2.C.(3) of the Accomplishment Instructions--Short 
Range Wing in PACSB/XL/092, Issue 2.
    (i) Using a mill-ohmmeter, determine the resistance between each 
test point and the airframe.
    (ii) If the resistance is greater than 100 milliohms, before 
further flight, repair the lower surface electrical bonding by 
following paragraph 2.D. of the Accomplishment Instructions--Short 
Range Wing in PACSB/XL/092, Issue 2.

(h) For Airplanes With Extended Range Wings

    For airplanes approved for operation under IFR, do the following 
actions within 30 days after September 14, 2020 (the effective date 
of this AD), and for airplanes not approved for operation under IFR, 
do the following actions within 60 days after September 14, 2020 
(the effective date of this AD):
    (1) Inspect each wing upper surface by following paragraphs 
3.A.(1) through 3.A.(3) of the Accomplishment Instructions--Extended 
Range Wing in PACSB/XL/092, Issue 2.
    (i) Using a mill-ohmmeter, determine the resistance between the 
test point on each panel and the fuel cap.
    (ii) If the resistance is greater than 100 milliohms, before 
further flight, repair the upper surface electrical bonding by 
following paragraph 3.B. of the Accomplishment Instructions--
Extended Range Wing in PACSB/XL/092, Issue 2.
    (2) Inspect each wing lower surface by following paragraphs 
3.C.(1) through 3.C.(3) of the Accomplishment Instructions--Extended 
Range Wing in PACSB/XL/092, Issue 2.
    (i) Using a mill-ohmmeter, determine the resistance between each 
test point and the airframe.
    (ii) If the resistance is greater than 100 milliohms, before 
further flight, repair the lower surface electrical bonding by 
following paragraph 3.D. of the Accomplishment Instructions--
Extended Range Wing in PACSB/XL/092, Issue 2.

(i) Alternative Methods of Compliance

    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.

 (j) Related Information

    Refer to MCAI Civil Aviation Authority of New Zealand AD DCA/
750XL/21, dated December 15, 2017, for related information. You may 
examine the MCAI on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0769.

(k) 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 the AD specifies otherwise.
    (i) Pacific Aerospace Service Bulletin PACSB/XL/092, Issue 2, 
dated December 15, 2017.
    (ii) [Reserved].
    (3) For Pacific Aerospace 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: +64 843 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 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-2020-0769.
    (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 12, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-18448 Filed 8-21-20; 8:45 am]
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