[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62701-62702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26364]



[[Page 62701]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0371; Product Identifier 2018-CE-005-AD; Amendment 
39-19504; AD 2018-23-16]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Pacific 
Aerospace Limited Model 750XL airplanes. This AD results from mandatory 
continuing airworthiness information (MCAI) issued by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as insufficient clearance between the pitot tubes and the 
primary support at the flame arrester intersection. We are issuing this 
AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective January 10, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 10, 
2019.

ADDRESSES: You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0371; or in person at Docket Operations, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    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: www.aerospace.co.nz. You may view 
this referenced service information at the FAA, Policy and Innovation 
Division, 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 http://www.regulations.gov by 
searching for Docket No. FAA-2018-0371.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to Pacific Aerospace Limited 
Model 750XL airplanes. The NPRM was published in the Federal Register 
on May 11, 2018 (83 FR 21962). The NPRM proposed to correct an unsafe 
condition for the specified products and was based on mandatory 
continuing airworthiness information (MCAI) originated by the Civil 
Aviation Authority of New Zealand (CAA). The MCAI states:

    Pacific Aerospace SB PACSB/XL/094 issue 2, dated 20 March 2018 
revised to include inspection information, and DCA/750XL/24A updated 
to introduce the revised SB.
    The [CAA] AD is prompted by a production inspection of installed 
pitot static plumbing which identified insufficient clearance 
between the pitot tubes and the primary support at the flame 
arrestor intersection.

    This AD requires inspecting the pitot static tubes for chafing 
damage, replacing tubing as necessary, installing an additional clamp 
for pitot static tube support, protecting plumbing with spiralwrap, and 
ensuring proper clearance between the pitot tubes and the primary 
support at the flame arrester intersection. The MCAI can be found in 
the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2018-0371-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes and changes to clarify the reference to the 
service information. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Pacific Aerospace Service Bulletin PACSB/XL/094, Issue 
2, dated March 20, 2018. The service information contains procedures 
for inspecting the pitot static tubing for chafing, replacing tubing as 
necessary, installing an additional clamp for pitot static tube 
support, protecting plumbing with spiralwrap, and ensuring proper 
clearance between the pitot tubes and the primary support at the flame 
arrester intersection. 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.

Costs of Compliance

    We estimate that this AD will affect 22 products of U.S. registry. 
We also estimate that it would take about 1 work-hour per product to 
comply with the pitot static tubing inspection and installation of 
support clamps and spiral wrap required by this AD. The average labor 
rate is $85 per work-hour. Required parts would cost about $25 per 
product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $2,420, or $110 per product.
    In addition, we estimate that any necessary follow-on actions to 
replace damaged tubing would take about 1 work-hour and require parts 
costing $25, for a cost of $110 per product. We have no way of 
determining the number of products that may need these actions.

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.
    We are 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.
    This AD is issued in accordance with authority delegated by the 
Executive

[[Page 62702]]

Director, Aircraft Certification Service, as authorized by FAA Order 
8000.51C. In accordance with that order, issuance of ADs is normally a 
function of the Compliance and Airworthiness Division, but during this 
transition period, the Executive Director has delegated the authority 
to issue ADs applicable to small airplanes, gliders, balloons, 
airships, domestic business jet transport airplanes, and associated 
appliances to the Director of the Policy and Innovation Division.

Regulatory Findings

    We 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will 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.

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 (AD):

2018-23-16 Pacific Aerospace Limited: Amendment 39-19504; Docket No. 
FAA-2018-0371; Product Identifier 2018-CE-005-AD.

(a) Effective Date

    This AD becomes effective January 10, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers up to and including 200, certificated in 
any category.

(d) Subject

    Air Transport Association of America (ATA) Code 34: Navigation.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and address an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as insufficient 
clearance between the pitot tubes and the primary support at the 
flame arrester intersection. We are issuing this AD to prevent 
chafing between the pitot-static plumbing and the flame arrestor, 
which could lead to damage of the pitot-static lines.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) through (3) of this AD.
    (1) Within 100 hours time-in-service (TIS) after January 10, 
2019 (the effective date of this AD) or within 60 days after January 
10, 2019 (the effective date of this AD), whichever occurs first, 
inspect the pitot static tubing adjacent to the flame arrestor for 
chafing damage.
    (2) If any chafing damage is found during the inspection 
required in paragraph (f)(1) of this AD, before further flight, 
repair or replace any damaged tubing and conduct a pitot and static 
leak check.
    (3) Within 100 hours TIS after January 10, 2019 (the effective 
date of this AD) or within 60 days after January 10, 2019 (the 
effective date of this AD), whichever occurs first, install an 
additional support clamp, protect plumbing with spiralwrap, and 
ensure proper clearance between the pitot tubes and the primary 
support at the flame arrester intersection. Follow paragraphs (3) 
through (6) of the Accomplishment Instructions in Pacific Aerospace 
Service Bulletin PACSB/XL/094, Issue 2, dated March 20, 2018.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must 
instead be accomplished using a method approved by the Manager, 
Small Airplane Standards Branch, FAA; or Civil Aviation Authority of 
New Zealand (CAA).

(h) Related Information

    Refer to MCAI CAA AD DCA/750XL/24A, dated March 22, 2018, for 
related information. The MCAI can be found in the AD docket on the 
internet at: https://www.regulations.gov/document?D=FAA-2018-0371-0002.

(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 Service Bulletin PACSB/XL/094, Issue 2, 
dated March 20, 2018.
    (ii) [Reserved]
    (3) 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: www.aerospace.co.nz.
    (4) You may view this service information at the FAA, Policy and 
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148. In addition, you can access this service information 
on the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0371.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on November 27, 2018.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2018-26364 Filed 12-4-18; 8:45 am]
 BILLING CODE 4910-13-P


