Airworthiness Directives; NZSkydive Limited (Type Certificate Previously Held by Pacific Aerospace Ltd.) Airplanes

[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64378-64380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23231]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1310; Project Identifier MCAI-2022-01261-A; 
Amendment 39-22220; AD 2022-22-05]
RIN 2120-AA64


Airworthiness Directives; NZSkydive Limited (Type Certificate 
Previously Held by Pacific Aerospace Ltd.) 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 
NZSkydive Limited (type certificate previously held by Pacific 
Aerospace Ltd.) Model FBA-2C1, FBA-2C2, FBA-2C3, and FBA-2C4 airplanes. 
This 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 a batch of aileron control 
chain sprockets being manufactured with a non-metallic sleeve insert in 
the sprocket bore, which can cause cracks to develop and affect the 
integrity of the aileron control chain sprockets. This AD requires 
inspecting the sprockets to determine if they have a non-metallic 
sleeve in the sprocket bore and replacing any sprocket found with a 
non-metallic sleeve in the sprocket bore with one with a metallic 
sleeve, and prohibits installation of aileron control chain sprockets 
with non-metallic sleeves in the sprocket bore. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective November 9, 2022.
    The FAA must receive comments on this AD by December 9, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1310; 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 final rule, 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; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1310; Project Identifier MCAI-
2022-01261-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received 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, 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) of New Zealand, which is the 
aviation authority for New Zealand, has issued CAA of New Zealand AD 
DCA/FBA/5, dated September 23, 2022 (referred to after this as ``the 
MCAI''), to correct an unsafe condition on Pacific Aerospace (the type 
certificate holder on the FAA type certificate data sheet is NZSkydive 
Limited) Model FBA-2C1, FBA-2C2, FBA-2C3, and FBA-2C4 airplanes 
delivered after November 2012, fitted with an aileron control chain 
sprocket part number (P/N) C446 received and installed after November 
2012, and sprockets with P/N C446 received after November 2012 as spare 
parts for all serial numbers. The MCAI states that it was prompted by 
reports of cracks found at the roll pin holes in an affected batch of 
sprockets having P/N C446 that were manufactured with non-metallic 
sleeve inserts in the sprocket bore. These cracks can affect the 
integrity of the aileron control chain sprockets and have the potential 
to produce binding of the aileron flight controls. The unsafe 
condition, if not addressed, could lead to loss of integrity of the 
aileron control chain sprockets with consequent loss of control of the 
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1310.

Related Service Information

    The FAA reviewed Pacific Aerospace Mandatory Service Bulletin 
PACSB/2C/002, Issue 1, dated September 20, 2022, which specifies 
inspecting the aileron control chain sprockets to determine if they 
have a non-metallic sleeve in the sprocket bore and replacing any 
aileron control chain sprocket found with a non-metallic sleeve in the 
sprocket bore with one with a metallic sleeve.

[[Page 64379]]

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 described above. The FAA is issuing 
this AD after determining that the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs.

AD Requirements

    This AD requires inspecting the aileron control chain sprockets to 
determine if they have a non-metallic sleeve in the sprocket bore and 
replacing any sprocket found with a non-metallic sleeve in the sprocket 
bore with one with a metallic sleeve. This AD also prohibits the 
installation of aileron control chain sprockets with non-metallic 
sleeves in the sprocket bore.

Differences Between This AD and the MCAI

    The MCAI refers to the design approval holder as Pacific Aerospace, 
and this AD refers to the design approval holder as NZSkydive Limited 
because that is the name on the FAA type certificate.
    The MCAI references dates of delivery for the aileron control chain 
sprockets (when the non-metallic sleeves were used) and this AD 
requires an inspection to determine if non-metallic sleeves in the 
sprocket bore are installed on all airplanes.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because aileron control chain sprockets with a non-metallic sleeve 
insert in the sprocket bore can develop cracks and affect the integrity 
of the aileron control chain sprockets. Because this condition can 
develop quickly and without advance warning and lead to loss of control 
of the airplane, immediate action must be done before further flight. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

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 the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 3 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Inspect aileron control chain       3 work-hours x $85     Not applicable.......            $255            $765
 sprockets for a non-metallic        per hour = $255.
 sleeve.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The agency has no way of determining the number of 
airplanes that might need these replacements:


                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Replace aileron control chain          3 work-hours x $85 per   $520 (If replacing all   $775 (If replacing all
 sprocket(s).                           hour = $255.             four sprockets).         four sprockets).
----------------------------------------------------------------------------------------------------------------

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

    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

[[Page 64380]]

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.

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:

2022-22-05 NZSkydive Limited (type certificate previously held by 
Pacific Aerospace Ltd.): Amendment 39-22220; Docket No. FAA-2022-
1310; Project Identifier MCAI-2022-01261-A.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2022.

(b) Affected ADs

    None.

(c) Applicability

    All NZSkydive Limited (type certificate previously held by 
Pacific Aerospace Ltd.) Model FBA-2C1, FBA-2C2, FBA-2C3, and FBA-2C4 
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2710, Aileron 
Control 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 a batch of 
aileron control chain sprockets being manufactured with a non-
metallic sleeve insert in the sprocket bore, which can cause cracks 
to develop and affect the integrity of the aileron control chain 
sprockets. The FAA is issuing this AD to prevent cracks from forming 
in the aileron control chain sprockets due to non-metallic sleeves 
in the sprocket bore. These cracks can affect the integrity of the 
aileron control chain sprockets and have the potential to produce 
binding of the aileron flight controls. The unsafe condition, if not 
addressed, could lead to loss of integrity of the aileron control 
chain sprockets with consequent loss of control of the airplane.

(f) Compliance

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

(g) Action

    (1) Before further flight after the effective date of this AD, 
remove the four aileron control chain sprockets in the control arm 
and yoke assembly and inspect the sprockets to determine if a non-
metallic sleeve is fitted in the sprocket bore.
    (2) If a non-metallic sleeve is found fitted in any aileron 
control chain sprocket bore, before further flight, replace the 
affected aileron control chain sprocket with a part that does not 
have a non-metallic sleeve.
    (3) As of the effective date of this AD, do not install an 
aileron control chain sprocket part number C446, unless it has been 
inspected by following paragraph (g)(1) of this AD and found to have 
a metallic sleeve fitted in the sprocket bore.
    Note to paragraph (g): Pacific Aerospace Mandatory Service 
Bulletin PACSB/2C/002, Issue 1, dated September 20, 2022, contains 
information related to this subject.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, 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 International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email.
    (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.

(j) Additional Information

    (1) Refer to Civil Aviation Authority (CAA) of New Zealand AD 
DCA/FBA/5, dated September 23, 2022, for related information. This 
CAA of New Zealand AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2022-1310.
    (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; phone: (816) 329-4144; email: 
[email protected].
    (3) For service information identified in this AD that is not 
incorporated by reference, contact NZSkydive Limited, 333 Airport 
Road, Hamilton, New Zealand, 3282; phone: +64 7 843 6144; email: 
aerospace.co.nz">pacific@aerospace.co.nz; website: aerospace.co.nz. 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 
(817) 222-5110.

(k) Material Incorporated by Reference

    None.

    Issued on October 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-23231 Filed 10-21-22; 11:15 am]
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