[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43446-43448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16659]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0213; Project Identifier 2018-CE-036-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 results from 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 separation of 
ground terminations for individual power sources and static grounds. 
This proposed AD would require inspecting and separating, if 
applicable, the battery

[[Page 43447]]

and generator common ground connections on the airframe. 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 
23, 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 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0213; 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.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer, 
FAA, General Aviation & Rotorcraft Section, 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 the ADDRESSES section. Include ``Docket No. FAA-2021-0213; 
Project Identifier 2018-CE-036-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM 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 AD. Submissions containing CBI should be sent to Mike 
Kiesov, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, 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 DCA/750XL/30, dated July 5, 2018 (referred 
to after this as ``the MCAI''), to address an unsafe condition on 
Pacific Aerospace Limited Model 750XL airplanes. The MCAI states:

    The ground connections for the individual power sources (BATT & 
GEN [battery and generator]) have been connected at a common ground 
point on the aircraft. DCA/750XL/30 is issued to mandate the 
instructions in Pacific Aerospace Mandatory Service Bulletin (MSB) 
PACSB/XL/104 issue 1, dated 2 May 2018, or later approved revision 
to separate the common ground connection on the airframe for the 
individual power sources (BATT & GEN).

    The CAA advises the root cause is a deviation from the approved 
engineering data. This condition, if not corrected, could lead to the 
loss of primary and secondary power sources from corrosion of the 
ground connection or failure of the fastening hardware, which could 
result in the simultaneous loss of multiple systems. According to the 
CAA, this condition was observed on the production line and has been 
corrected for new airplanes in production. The MCAI requires inspecting 
the battery ground connections and separating the ground connections as 
necessary. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0213.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Mandatory Service Bulletin 
PACSB/XL/104, Issue 1, dated May 2, 2018 (PACSB/XL/104I1). The service 
information specifies procedures for inspecting the battery ground 
connections and separating the ground connections as 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 that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements

    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 grounding 
connection inspection of

[[Page 43448]]

this proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of the proposed 
inspection on U.S. operators to be $1,955, or $85 per airplane.
    In addition, the FAA estimates that any necessary action to 
separate the connections would take about 3 work-hours and require 
parts costing $25, for a cost of $280 per airplane. The FAA has no way 
of determining the number of products that may need these actions.
    The FAA has included all costs in this 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-2021-0213; Project 
Identifier 2018-CE-036-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 23, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers up to and including 222, certificated in 
any category, with the battery installed within the engine bay at 
the firewall.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2400, Electric Power 
System.

(e) Reason

    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 
separation of ground terminations for individual power sources and 
static grounds. The FAA is issuing this AD to detect and correct 
ground terminations with insufficient separation, which could lead 
to loss of primary and secondary power sources if the ground 
connection fails and consequent simultaneous loss of multiple 
airplane systems.

(f) Compliance

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

(g) Inspection and Corrective Action

    (1) Within 12 months after the effective date of this AD, 
inspect the battery installation in the engine bay to determine if 
the ground leads connect to a single ground stud as shown in the 
Accomplishment Instructions, figure 2, of Pacific Aerospace 
Mandatory Service Bulletin PACSB/XL/104, Issue 1, dated May 2, 2018 
(PACSB/XL/104I1).
    (2) If the ground leads connect to a single ground stud, before 
further flight, separate the battery ground lead connections by 
following the Accomplishment Instructions, steps 4 through 36, of 
PACSB/XL/104I1.

(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) Refer to Civil Aviation Authority (CAA) of New Zealand AD 
DCA/750XL/30, dated July 5, 2018, for related information. You may 
examine the CAA AD at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2021-0213.
    (2) For more information about this AD contact Mike Kiesov, 
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, 
Kansas City, MO 64106; (816) 329-4144; fax: (816) 329-4090; email: 
[email protected].
    (3) For service information related to 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 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 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16659 Filed 8-6-21; 8:45 am]
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