[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Proposed Rules]
[Pages 26775-26778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11751]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0842; Product Identifier 2018-CE-025-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of the comment period.

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[[Page 26776]]

SUMMARY: We are revising an earlier proposal to supersede Airworthiness 
Directive (AD) AD 2018-04-09 for Pacific Aerospace Limited Model 750XL 
airplanes. This proposed airworthiness directive (AD) results from 
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 incorrectly marked and annunciated low oil-pressure 
indication warnings. This SNPRM changes the title of one of the flight 
manuals to be revised, so that the revision requirement applies to all 
operators, regardless of the issue of their flight manual. Since these 
actions may impose an additional burden over those in the notice of 
proposed rulemaking (NPRM), we are reopening the comment period to 
allow the public the opportunity to comment on these changes.

DATES: We must receive comments on this proposed AD by July 25, 2019.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: 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 proposed 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: pacific@aerospace.co.nz; 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.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0867; 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 proposed AD, the regulatory evaluation, any comments received, and 
other information. The street address for Docket Operations (telephone 
(800) 647-5527) 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: 
exception occurred on : 2019-11751.htm
exception occurred on : 2019-11751.htm
mike.k[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2018-0842; 
Product Identifier 2018-CE-025-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this proposed AD. We will consider 
all comments received by the closing date and may amend this proposed 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would remove AD 2018-04-09, Amendment 39-19205 (83 FR 9793, March 8, 
2018) (``AD 2018-04-09'') and add a new AD. AD 2018-04-09 addresses an 
unsafe condition on Pacific Aerospace Limited Model 750XL airplanes and 
was based on an MCAI originated by the Civil Aviation Authority (CAA), 
which is the aviation authority for New Zealand.
    The NPRM was published in the Federal Register on October 23, 2018 
(83 FR 53409). The NPRM proposed to require revising the Airplane 
Flight Manual (AFM) (pilot's operating handbook (POH)) with updated 
provisions and clarify that the procedure to modify the oil pressure/
temperature indicator may be performed as an option to replacing the 
indicator. The NPRM was based on the CAA's revision its previous MCAI, 
CAA AD DCA/750XL/19A, dated April 26, 2018 (referred to after this as 
``the MCAI''), to mandate the AFM (POH) revisions and also to include 
an option to modify the oil pressure/temperature indicator.
    After we issued the NPRM, we discovered an error in the title of 
one of the flight manuals to be revised. The NPRM proposed a 
requirement for airplanes with Pacific Aerospace Pilot's Operating 
Handbook and Civil Aviation Authority of New Zealand Approved Flight 
Manual AIR 3237, Issue 2. This SNPRM proposes to change the title, 
eliminating the issue level, so that the revision requirement applies 
to all operators, regardless of the issue of their flight manual. 
Because this change expands the number of operators who would be 
required to comply with this requirement, the FAA is reopening the 
comment period to provide additional opportunity for public comment. 
This SNPRM also includes other editorial changes that do not affect the 
required actions.

Related Service Information Under 1 CFR Part 51

    We reviewed Pacific Aerospace Temporary Revision Instruction 
Letter, dated October 2017, which includes Pacific Aerospace Temporary 
Revisions XL/POH/00/001, XL/POH/02/001, and XL/POH/03/001; and Pacific 
Aerospace Revision Instruction Letter, dated March 2018, which includes 
Pacific Aerospace POH AIR 3237 Revision, dated March 30, 2018, for 
750XL airplanes. For the applicable configurations, the service 
information includes revisions to the AFM that corrects the incorrect 
instrument markings.
    We also reviewed Pacific Aerospace Mandatory Service Bulletin 
PACSB/XL/088, dated August 11, 2017, which was previously approved for 
incorporation by reference on April 12, 2018 (83 FR 9793, March 8, 
2018), and describes procedures for replacement or modification of the 
low oil-pressure light, pressure switch, and indicator. 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 of the AD.

FAA's Determination and Requirements of the Proposed 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. We are proposing this AD because 
we evaluated all information and determined the unsafe

[[Page 26777]]

condition exists and is likely to exist or develop on other products of 
the same type design.
    The change described above expands the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
the proposed AD.

Costs of Compliance

    We estimate that this SNPRM will affect 22 products of U.S. 
registry. We also estimate that it would take about 2 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 $500 
per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $14,740, or $670 per product.
    Since this supplemental NPRM requires the same actions as AD 2018-
04-09, the costs of compliance remains the same and does not impose any 
additional costs on U.S. operators.
    There has been no change in the Cost of Compliance section in this 
supplemental NPRM.

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 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 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) 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.

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 removing Airworthiness Directive (AD) 
2018-04-09, Amendment 39-19205 (83 FR 9793, March 8, 2018) and adding 
the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2018-0842; Product 
Identifier 2018-CE-025-AD.

(a) Comments Due Date

    We must receive comments by July 25, 2019.

(b) Affected ADs

    This AD replaces AD 2018-04-09, Amendment 39-19205 (83 FR 9793, 
March 8, 2018) (``AD 2018-04-09'').

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, all serial numbers up to 217, certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wings.

(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 describes the unsafe condition as incorrectly 
marked and annunciated low oil-pressure indication warnings. We are 
issuing this AD to prevent engine oil pressure from dropping below 
safe limits, which could cause possible engine damage or failure.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) through (4) of this AD, as applicable:
    (1) For airplanes with Pacific Aerospace Pilot's Operating 
Handbook and Civil Aviation Authority of New Zealand Approved Flight 
Manual AIR 2825 (AIR 2825): Within the next 30 days after July 15, 
2019 (the effective date of this AD), insert Pacific Aerospace 
Temporary Revisions XL/POH/00/001, XL/POH/02/001 and XL/POH/03/001 
into the Pacific Aerospace Limited (PAL) 750XL AIR 2825 Airplane 
Flight Manual as specified in Pacific Aerospace Temporary Revision 
Instruction Letter, dated October 2017.
    (2) For airplanes with Pacific Aerospace Pilot's Operating 
Handbook and Civil Aviation Authority of New Zealand Approved Flight 
Manual AIR 3237 (AIR 3237): Within the next 30 days after July 15, 
2019 (the effective date of this AD), insert the Revision dated 
March 30, 2018, into the PAL 750XL AIR 3237 Airplane Flight Manual 
as specified in Pacific Aerospace Revision Instruction Letter, dated 
March 30, 2018.
    (3) For Pacific Aerospace 750XL airplanes up to serial number 
217: Within the next 100 hours time-in-service (TIS) after April 12, 
2018 (the effective date of AD 2018-04-09) or within the next 12 
months after April 12, 2018 (the effective date of AD 2018-04-09), 
whichever occurs first, replace or modify the pressure switch for 
the low oil pressure light by following the Part A--Accomplishment 
Instructions of PAL Mandatory Service Bulletin (MSB) PACSB/XL/088, 
dated August 11, 2017.
    (4) For Pacific Aerospace 750XL airplanes up to serial number 
217 with a part number (P/N) INS 60-8 oil pressure/temperature 
indicator installed: Within the next 100 hours TIS after April 12, 
2018 (the effective date of AD 2018-04-09) or within the next 12 
months after April 12, 2018 (the effective date of AD 2018-04-09), 
whichever occurs first, replace the oil pressure/temperature 
indicator with P/N INS 60-15 by following the Part B--Accomplishment 
Instructions of PAL MSB PACSB/XL/088, paragraphs 1) through 6), 
dated August 11, 2017.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs

[[Page 26778]]

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: mike.kiesov@faa.gov. 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 the Civil Aviation 
Authority of New Zealand (CAA).

 (h) Related Information

    Refer to CAA MCAI AD No. DCA/750XL/19A, dated April 26, 2018, 
for related information. You may examine the MCAI on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2018-0842. Pacific Aerospace Limited, Airport Road, Hamilton, 
Private Bag 3027, Hamilton 3240, New Zealand; telephone: +64 7 843 
6144; facsimile: +64 7 843 6134; email: pacific@aerospace.co.nz; 
Internet: www.aerospace.co.nz. You may review copies of the 
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.

    Issued in Kansas City, Missouri, on May 29, 2019.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2019-11751 Filed 6-7-19; 8:45 am]
 BILLING CODE 4910-13-P


