Airworthiness Directives; Pacific Aerospace Limited Airplanes

[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Rules and Regulations]
[Pages 49949-49952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17864]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0716; Product Identifier 2019-CE-009-AD; Amendment 
39-21191; AD 2020-16-07]
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. 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 identifies the unsafe 
condition as nose landing gear (NLG) and main landing gear (MLG) 
attachment bolts without dual retaining devices. The FAA is issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective September 8, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 8, 
2020.
    The FAA must receive comments on this AD by October 1, 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.

[[Page 49950]]

    For service information identified in this AD, contact Pacific 
Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 
3240, New Zealand; telephone: +64 7 843 6144; facsimile: +64 7 843 
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 Docket No. FAA-2020-0716.

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-
0716; 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, 
Small Airplane Standards 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/32B, dated February 7, 2019 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for Pacific Aerospace Limited Model 750XL airplanes. In its 
notification of the MCAI, the CAA states:

    DCA/750XL/32B with effective date 7 February 2019 is prompted by 
several reports of finding loose nose landing gear attachment lock 
nuts and pal nuts. This [CAA] AD revised to mandate Pacific 
Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/105 issue 4, 
dated 19 December 2018, which introduces alternate bolts for [part 
number] P/N NAS6606D63 and NAS6606D68.

    The MCAI is part of an extensive evaluation and investigation by 
the New Zealand CAA on the Pacific Aerospace Model 750XL. The unsafe 
condition results from a production quality issue where the MLG and NLG 
attachment bolts may not have the required dual retaining devices 
installed. Therefore, the MCAI requires an inspection of the MLG and 
the NLG. The NLG requires the installation of a castellated nyloc 
locking nut and a split pin. The MLG requires the inspection and 
installation of Palnuts on any attachment bolts that do not have a 
Palnut installed. This condition, if not detected and corrected, could 
lead to failure of the NLG and MLG.
    You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0716.

Differences Between the MCAI and This AD

    The MCAI allows a licensed pilot rated for this airplane to do 
daily visual inspections of the nose landing gear lower bolts and clamp 
for security for up to 165 hours time-in-service until the terminating 
corrective action is performed. The FAA's regulations do not allow 
pilots to perform maintenance, which includes inspections, on U.S.-
certificated airplanes. Therefore, this AD does not include the daily 
inspection requirement and requires a shorter compliance time for the 
terminating corrective action to address the unsafe condition in a 
timely manner.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Mandatory Service Bulletin 
PACSB/XL/105, Issue 4, dated December 19, 2018. The service information 
contains procedures for inspecting the NLG lower bolts and clamp for 
security, replacing the NLG locking nut and Palnut with a castellated 
nyloc locking nut and split pin, and inspecting the MLG attachment 
bolts and installing Palnuts 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.

Other Related Information

    The FAA also reviewed Pacific Aerospace Drawing BOL6603 THRU 6620, 
dated December 19, 2018. This drawing contains additional information 
related to fabrication of the required part number bolts for the NLG.

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, they 
have 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 risk assessment received by the FAA, and reconfirmed in 
July of 2020, indicates that urgent action is required. The FAA has 
found that the risk to the flying public justifies waiving notice and 
comment prior to adoption of this rule because without the required 
dual retaining devices, the NLG and the MLG could fail and result in 
reduced control on the ground and lead to a runway excursion. Because 
this AD does not include the daily inspections, the FAA finds that 
compliance is necessary within 20 hours time-in-service or 30 days, 
whichever occurs first, to address the unsafe condition. 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-
0716 and Product Identifier 2019-CE-009-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 we receive about this final rule.

[[Page 49951]]

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, Small Airplane Standards 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 would take about 5 work-hours 
per product to comply with the basic requirements of this AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $20 per product.
    Based on these figures, the FAA estimates the cost of the AD on 
U.S. operators to be $9,790, or $445 per product.

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 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:

2020-16-07 Pacific Aerospace Limited: Amendment 39-21191; Docket No. 
FAA-2020-0716; Product Identifier 2019-CE-009-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 8, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers (S/Ns) up to and including 216, 220, 8001, 
and 8002, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 32: Landing 
Gear.

(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 nose landing 
gear (NLG) and main landing gear (MLG) attachment bolts without dual 
retaining devices. The FAA is issuing this AD to prevent the NLG and 
MLG attachment bolts from detaching, which if not corrected could 
lead to failure of the landing gear.

(f) Actions and Compliance

    Unless already done, comply with this AD within 20 hours time-
in-service after September 8, 2020 (the effective date of this AD) 
or within 30 days after September 8, 2020 (the effective date of 
this AD), whichever occurs first.
    (1) Replace each NLG upper and lower attachment lock nut and 
Palnut with castellated nyloc locking nuts and spring/split pins by 
following steps 6 and 8 in Part B-Accomplishment Instructions (Nose 
Landing Gear) of Pacific Aerospace Mandatory Service Bulletin PACSB/
XL/105, Issue 4, dated December 19, 2018 (PACSB/XL/105, Issue 4).
    (2) For airplanes with a S/N up to and including 185, except S/N 
177 and except airplanes with modification PAC/XL/0448: inspect the 
upper and lower attachment bolts on both MLGs for the installation 
of Palnuts (four on each MLG) as depicted in figure 6 in Part C--
Accomplishment Instructions (Main Landing Gear) of PACSB/XL/105, 
Issue 4.
    (i) If Palnuts are installed in all eight locations (four on 
each MLG), no further action is required.
    (ii) If a Palnut is not installed on an MLG attachment bolt, 
before further flight, check the torque of the attachment bolt and 
install a Palnut by following steps 5 through 7 in Part C-
Accomplishment Instructions (Main Landing Gear) of PACSB/XL/105, 
Issue 4.

(g) 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, Small Airplane Standards 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.

(h) Related Information

    Refer to MCAI Civil Aviation Authority AD No. DCA/750XL/32B, 
dated February 7, 2019, for related information. You may also refer 
to Pacific Aerospace Drawing BOL6603 THRU 6620, Issue A1, dated 
December 19, 2018, for additional information related to this AD. 
You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0716.

[[Page 49952]]

(i) 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 Mandatory Service Bulletin PACSB/XL/105, 
Issue 4, dated December 19, 2018.
    (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 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 and locating Docket No. FAA-2020-0716.
    (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. 2020-17864 Filed 8-14-20; 8:45 am]
BILLING CODE 4910-13-P

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