[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Proposed Rules]
[Pages 38615-38617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15474]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0576; Project Identifier 2019-CE-008-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Pacific Aerospace Limited Model 750XL airplanes. This 
proposed AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as installation of the 
wing leading edge tank fuel pickup assembly in a pre-stressed 
condition, which could cause cracks in the wing spar web or the fuel 
pickup assembly pipe. This proposed AD would require inspecting the 
angle of the support bracket on the wing leading edge tank fuel pickup 
assembly and taking any necessary corrective actions. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
7, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. For 
service information identified in this AD, contact the Civil Aviation 
Authority of New Zealand, Level 15, Asteron Centre, 55 Featherston 
Street, Wellington 6011; phone: +64 4 560 9400; fax: +64 4 569 202; 
email: [email protected].
    You may view this service information at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0576; 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 NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4144; fax: (816) 329-4090; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0576; Project Identifier 
2019-CE-008-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal 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 agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Mike 
Kiesov, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 901 Locust, Room 301, 
Kansas City, MO 64106. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD No. DCA/

[[Page 38616]]

750XL/36, effective date February 7, 2019 (referred to after this as 
``the MCAI''), to correct an unsafe condition for certain Pacific 
Aerospace Limited Model 750XL airplanes. The MCAI states:

    DCA/750XL/36 is prompted by a review of the installation of the 
wing leading edge fuel pickup assemblies. It was found that the fuel 
pickup assemblies could have been installed in a pre-stressed 
condition, which could result in cracks in the wing spar web, or 
cracks in the fuel pickup pipe. The [CAA] AD is issued to introduce 
the instructions in Pacific Aerospace Mandatory Service Bulletin 
(MSB) PACSB/XL/109 issue 1, dated 16 January 2019.

    The MCAI requires inspecting the installation of the fuel pickup 
assembly and the wing spar web on both wings and, if any defects are 
found, taking all necessary corrective actions. You may examine the 
MCAI in the AD docket at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2021-0576.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Mandatory Service Bulletin 
PACSB/XL/109, Issue 1, dated January 16, 2019. The service information 
contains procedures for inspecting the wing leading edge tank fuel 
pickup assembly to determine if the assembly is under stress and for 
additional inspections and corrective actions if necessary. 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's 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 NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

 Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 23 airplanes of U.S. registry. The FAA also estimates that it 
would take about 1 work-hour per airplane to comply with the inspection 
that would be required by this proposed AD. The average labor rate is 
$85 per work-hour.
    Based on these figures, the FAA estimates the inspection cost of 
this proposed AD on U.S. operators to be $1,955, or $85 per airplane.
    In addition, the FAA estimates that any necessary follow-on actions 
would take 4 work-hours and require parts costing $500, for a cost of 
$840 per airplane. The FAA has no way of determining the number of 
airplanes that may need these actions.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators.

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 Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Pacific Aerospace Limited: Docket No. FAA-2021-0576; Project 
Identifier 2019-CE-008-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 7, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers 177, 186 through 213, 220, 8001, and 8002, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3600, Pneumatic 
System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and address an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as installation of 
the wing leading edge tank fuel pickup assembly in a pre-stressed 
condition, which could cause cracks in the wing spar web or the fuel 
pickup assembly pipe. The FAA is issuing this AD to prevent cracks 
in the wing spar web and the fuel pickup pipe. This condition could 
result in reduced structural integrity of the wing spar or cause a 
fuel leak, which could result in an engine fire.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Required Actions

    Within 165 hours time-in-service after the effective date of 
this AD, inspect the angle of the support bracket on the wing 
leading edge

[[Page 38617]]

tank fuel pickup assembly and, before further flight, take any 
necessary additional actions and corrective actions by following the 
Accomplishment Instructions in Pacific Aerospace Mandatory Service 
Bulletin PACSB/XL/109, Issue 1, dated January 16, 2019.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in Related Information or email: 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD contact Mike Kiesov, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4144; fax: (816) 329-4090; email: 
[email protected].
    (2) Refer to Civil Aviation Authority (CAA) of New Zealand AD 
No. DCA/750XL/36, dated February 7, 2019, for more information. You 
may examine the CAA AD in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0578.
    (3) For service information identified in this AD, contact the 
Civil Aviation Authority of New Zealand, Level 15, Asteron Centre, 
55 Featherston Street, Wellington 6011; phone: +64 4 560 9400; fax: 
+64 4 569 202; email: [email protected]. You may review this 
referenced service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 
64106. For information on the availability of this material at the 
FAA, call (816) 329-4148.

    Issued on July 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-15474 Filed 7-21-21; 8:45 am]
BILLING CODE 4910-13-P