[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40381-40384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15951]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0604; Project Identifier 2019-CE-007-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 40382]]


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 identifies the unsafe condition as insufficient 
clearance between the engine mount, the Beta control rod, and the 
inter-turbine temperature (ITT) sensing probe that could lead to 
chafing damage. This proposed AD would require inspecting the engine 
mount, the temperature probe, and the reversing cable for damage, 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 
13, 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 NPRM, 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 2024; 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-2021-0604; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer, 
General Aviation & Rotorcraft Section, FAA, International Validation 
Branch, 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-2021-0604; Project Identifier 
2019-CE-007-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, FAA, International Validation Branch, 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 DCA/750XL/35, 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/35 is prompted by a review of the engine installation 
procedures, which identified that the clearance between the engine 
mount, the Beta control rod and the inter-turbine temperature (ITT) 
sensing probe could be insufficient and result in chafing damage. 
The [CAA] AD is issued to introduce the instructions in Pacific 
Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/102 issue 2, 
dated 5 November 2018.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0604.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Limited Mandatory Service 
Bulletin PACSB/XL/102, Issue 2, dated November 5, 2018. This service 
information specifies procedures for removing support clamps if 
installed by following the prior version of the service bulletin; 
inspecting the engine mount, the temperature probe, and the reversing 
cable for signs of chafing or damage; installing anti-chafing blade 
tape onto the engine mount tube; and obtaining further guidance for 
corrective actions. 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 ADDRESSES.

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 in the 
service information described above, except as discussed under 
Differences Between

[[Page 40383]]

this Proposed AD and the Service Information.

Differences Between This Proposed AD and the Service Information

    Where the service information states to contact Pacific Aerospace 
Limited if chafing or any damage is present on an engine mount, 
temperature probe, or reversing cable, this proposed AD would require 
contacting the CAA of New Zealand.

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 2 work-hours per 
airplane to comply with the inspection and install anti-chafing blade 
tape. The average labor rate is $85 per work-hour and required parts 
would cost about $10 per product for an estimated cost of $4,140 on 
U.S. operators, or $180 per airplane.
    The damage found during the proposed inspection may vary from 
airplane to airplane. The FAA has no way of knowing how much damage 
each airplane may have or the cost to repair the damage for each 
airplane.
    Contacting the CAA of New Zealand, if required, would take about 1 
work-hour for an estimated cost of $85 per airplane.
    The FAA has included all known costs in this cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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-2021-0604; Project 
Identifier 2019-CE-007-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers 101 through 215, 220, 8001, and 8002, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7100, Power Plant 
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 correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as insufficient 
clearance between the engine mount, the Beta control rod, and the 
inter-turbine temperature (ITT) sensing probe that could lead to 
chafing damage. The FAA is issuing this AD to prevent damage to the 
engine mount, temperature probe, and the reversing cable. The unsafe 
condition, if not addressed, could result in chafing damage to the 
ITT system and binding of the Beta control rod.

(f) Actions and Compliance

    (1) Unless already done, within 165 hours time-in-service after 
the effective date of this AD, inspect the engine mount, the 
temperature probe, and the reversing cable for damage, and, before 
further flight, take all necessary corrective actions and install 
anti-chafing blade tape onto the engine mount tube by following the 
Accomplishment Instructions in Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/102, Issue 2, dated November 5, 2018.
    (2) Where the service information states to contact Pacific 
Aerospace Limited if chafing or any damage is present on an engine 
mount, temperature probe, or reversing cable, this AD requires 
instead that you contact the Civil Aviation Authority (CAA) of New 
Zealand at the contact information in paragraph (h)(3) of this AD.

 (g) 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

[[Page 40384]]

or by email at: [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.

 (h) Related Information

    (1) For more information about this AD, contact Mike Kiesov, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
FAA, International Validation Branch, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4144; fax: (816) 329-4090; email: 
[email protected].
    (2) Refer to CAA of New Zealand AD DCA/750XL/35, effective date 
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-2021-0604.
    (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 2024; email: [email protected]. You may view 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 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-15951 Filed 7-27-21; 8:45 am]
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