Airworthiness Directives; Pacific Aerospace Limited Airplanes

[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Rules and Regulations]
[Pages 49238-49240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17607]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0711; Project Identifier MCAI-2020-00719-A; 
Amendment 39-21188; AD 2020-16-04]
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 
certain 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 an incorrect illustration of the screw jack 
assembly in the airplane maintenance manual, which may cause potential 
errors with installation. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective September 2, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 2, 
2020.
    The FAA must receive comments on this AD by September 28, 2020.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: 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 locating Docket No. FAA-
2020-0711.

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-
0711; 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 listed above. 
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 (CAA), which is the aviation authority 
for New Zealand, has issued AD DCA/750XL/38A, dated September 5, 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/38A with effective date 5 September 2019 and a 5 hour 
TIS compliance is prompted by two reports of finding incorrectly 
assembled flap screw jacks on affected aircraft. This AD is revised 
to introduce Pacific Aerospace Mandatory Service Bulletin (MSB) 
PACSB/XL/117 issue 2, dated 21 August 2019 and expand the AD 
applicability to include additional aircraft S/N and parts held as 
spares.
    There are no additional AD requirements for aircraft and 
affected parts in compliance with DCA/750XL/38.
    A Pacific Aerospace Ltd (PAL) review of the 750XL Maintenance 
Manual (MM) and the 750XL Illustrated Parts Manual (IPM) has 
determined that the orientation shown in these two manuals for the 
flap screw jack bearing stop is incorrect. PAL has subsequently 
issued temporary revisions dated 5 June 2019, for both the 750XL MM 
and the 750XL IPM to correct the orientation shown for the flap 
screw jack bearing stop. These temporary revisions can be obtained 
from Pacific Aerospace Ltd, Hamilton, New Zealand.

[[Page 49239]]

    Due to the possibility that there may be incorrectly assembled 
flap screw jack assemblies in service, this [CAA] AD is issued to 
introduce the corrective actions in Pacific Aerospace Mandatory 
Service Bulletin (MSB) PACSB/XL/117 issue 2, dated 21 August 2019. 
The aircraft may be recovered back to a maintenance base for the 
inspection, provided the flight is a non-hire or reward flight with 
no passengers carried.

You may examine the MCAI on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0711.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Mandatory Service Bulletin 
PACSB/XL/117, Issue 2, dated August 21, 2019. The service information 
contains procedures for inspecting the flap screw jack assembly to 
verify proper configuration of the assembly. 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 Service Information

    Pacific Aerospace Limited has also issued temporary revisions for 
the P-750 XSTOL Maintenance Manual for the 750XL Aircraft, Revision 16, 
dated October 2018; and the P-750 XSTOL III Maintenance Manual P/N 11-
08002-1 for the 750XL (EFIS) Aircraft, Revision 2, dated August 2018. 
These temporary revisions contain corrections for the orientation of 
the flap screw jack bearing stop.

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 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 of 
the possibility there may be incorrectly assembled flap screw jack 
assemblies in service, which could cause failure of the flap screw jack 
and result in a failure of the flap actuator to fully extend the flaps 
during the completion of a final approach. This condition, if not 
detected and corrected, could result in a longer landing distance and a 
possible runway overrun condition. The risk assessment received by the 
FAA, and reconfirmed in July of 2020, indicates that urgent action is 
required. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are impracticable. In addition, 
for the reason 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-
0711 and Product Identifier MCAI-2020-00719-A at the beginning of your 
comments. We will post all comments we receive, without change, to 
https://www.regulations.gov, including any personal information you 
provide.
    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 also estimates that it will take 1 work-hour per 
product to comply with the inspection requirement of this AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of the 
inspection for U.S. operators to be $1,870, or $85 per product.
    In addition, the FAA estimates that any necessary follow-on actions 
will take 4 work-hours and require parts costing $50, for a cost of 
$390 per product. The FAA has no way of determining the number of 
products that may need these actions.
    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 our 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

[[Page 49240]]

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:

2020-16-04 Pacific Aerospace Limited: Amendment 39-21188; Docket No. 
FAA-2020-0711; Project Identifier MCAI-2020-00719-A.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 2, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers 101 through to 215, 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 an incorrect illustration of the screw 
jack assembly in the airplane maintenance manual, thus causing 
potential errors with installation. The FAA is issuing this AD to 
require an inspection of the flap screw jack assembly to verify 
proper configuration of the assembly and make the correction if 
found improperly installed. This unsafe condition, if not addressed, 
could cause fatigue failure of a flap screw jack, which could result 
in a failure of the flap actuator to fully extend the flaps during 
the completion of a final approach, a longer landing distance, and 
consequent runway overrun condition.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (2) of this AD.
    (1) Within 20 hours time-in-service after September 2, 2020 (the 
effective date of this AD), inspect the left hand (LH) and right 
hand (RH) flap screw jack assemblies for proper installation by 
following the Accomplishment Instructions, paragraphs A.1) through 
A.3), of Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/
XL/117, Issue 2, dated August 21, 2019 (PACSB/XL/117, Issue 2). If a 
flap screw jack assembly is not properly installed as shown in 
figures 1 and 2 of PACSB/XL/117, Issue 2, before further flight, 
comply with the Accomplishment Instructions, Part B, of PACSB/XL/
117, Issue 2.
    (2) As of September 2, 2020 (the effective date of this AD), do 
not install a LH flap screw jack assembly P/N 11-45621-1 or RH flap 
screw jack assembly P/N 11-45622-1 on any airplane, unless it is 
installed in accordance with the Accomplishment Instructions, Part 
B, of PACSB/XL/117, Issue 2.

(g) Credit for Previous Actions

    You may take credit for the actions required by paragraph (f)(1) 
of this AD if you performed those actions before the effective date 
of this AD using Pacific Aerospace MSB PACSB/XL/117, Issue 1, dated 
June 7, 2019.

(h) Special Flight Permit

    Special flight permits may be issued may be issued for the 
purpose of operating the airplane to a location where the 
requirements of this AD can be performed with the following 
limitations: Flights must not carry passengers.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Small Airplane Standards 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 mandatory continuing airworthiness information (MCAI) 
New Zealand Civil Aviation Authority AD No. DCA/750XL/38A, dated 
September 5, 2019, for related information. You may examine the MCAI 
on the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0711.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 Mandatory Service Bulletin PACSB/XL/117, 
Issue 2, dated August 21, 2019.
    (ii) [Reserved]
    (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 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-2020-0711.
    (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 July 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-17607 Filed 8-12-20; 8:45 am]
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