
[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Rules and Regulations]
[Pages 3297-3299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01541]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0047; Product Identifier 2018-CE-062-AD; Amendment 
39-19549; AD 2019-02-02]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Pacific Aerospace Ltd. Model FBA-2C1, FBA-2C2, FBA-2C3, and FBA-2C4 
airplanes. This AD was prompted by a report of corrosion found in the 
external and internal surfaces of an elevator push-pull rod. This AD 
requires an inspection for corrosion of the elevator push-pull rod 
assembly, and corrective actions if necessary. We are issuing this AD 
to address the unsafe condition on these products.

DATES: This AD becomes effective February 27, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 27, 
2019.
    We must receive comments on this AD by March 29, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Pacific Aerospace Ltd., Airport Road, Hamilton, Private Bag 3027, 
Hamilton 3240, New Zealand; telephone: +64 7843 6144; fax: +64 7843 
6134; email: pacific@aerospace.co.nz; internet: www.aerospace.co.nz. 
You may view this referenced service information at the FAA, Policy and 
Innovation, 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 and locating Docket No. FAA-2019-0047.

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-2019-
0047; 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 (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-
794-5531; email 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority of New Zealand has issued New Zealand 
AD DCA/FBA/4, effective December 6, 2018 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Pacific Aerospace Ltd. Model FBA-
2C1, FBA-2C2, FBA-2C3, and FBA-2C4 airplanes. The MCAI states:

    During a visual inspection corrosion was found in the external 
surface of a push-pull rod on a FBA-2C1 aircraft in operation 
overseas. Further investigation revealed severe corrosion in the 
internal surface of the elevator push-pull rod. To ensure the 
integrity of the elevator push-pull rod assembly DCA/FBA/4 is issued 
to mandate the instructions in Pacific Aerospace Service Bulletin 
(SB) PACSB/2C/001 issue 1, dated 25 September 2018.

    The unsafe condition is failure of the elevator push-pull rod due 
to corrosion in the internal surface, which could result in loss of 
elevator control. Although the unsafe condition was found on a Model 
FBA-2C1 airplane, we have determined that the design of the push-pull 
rod assembly is similar on Model FBA-2C2, FBA-2C3, and FBA-2C4 
airplanes; therefore, the unsafe condition may exist on those airplane 
models as well. You may examine the

[[Page 3298]]

MCAI on the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0047.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Ltd. has issued Service Bulletin PACSB/2C/001, 
Issue 1, dated September 25, 2018. This service information describes 
the following procedures:
     A borescopic inspection for corrosion of the internal 
surface of the elevator push-pull rod assembly, and replacement of any 
push-pull rod assembly that has interior corrosion.
     an inspection for corrosion of the exterior of any 
elevator push-pull rod assembly with no internal corrosion, and 
corrective actions including removal of light corrosion and replacement 
of any elevator push-pull rod assembly that has moderate to severe 
corrosion.
     other applicable specified actions including application 
of lubricant and corrosion-inhibiting compound.
    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.

FAA's Determination

    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 the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously.

FAA's Justification and Determination of the Effective Date

    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 waiving notice and comment prior to adoption of this rule 
because failure of the elevator push-pull rod assembly in flight could 
result in loss of elevator control and loss of control of the airplane. 
Therefore, we find good cause that notice and opportunity for prior 
public comment are impracticable. In addition, for the reasons stated 
above, we find 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 we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2019-0047; Product 
Identifier 2018-CE-062-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
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 AD.

Costs of Compliance

    We estimate that this AD affects 3 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $255
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    In addition, we estimate that any necessary follow-on replacement 
will take 2 work-hours and require parts costing $272, for a cost of 
$442 per product. We have no way of determining the number of aircraft 
that might need this on-condition action.
    Since corrosion may affect the parts subject to inspection 
differently, and the severity of the corrosion on the part will affect 
the time necessary to correct the condition, we have no way to 
determine an overall cost per product for removing the corrosion.

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, 
associated appliances to the Director of the Policy and Innovation 
Division.

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 that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 3299]]

    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):

2019-02-02 Pacific Aerospace Ltd.: Amendment 39-19549; Docket No. 
FAA-2019-0047; Product Identifier 2018-CE-062-AD.

(a) Effective Date

    This AD becomes effective February 27, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Pacific Aerospace Ltd. Model FBA-2C1, 
FBA-2C2, FBA-2C3, and FBA-2C4 airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report of corrosion found in the 
external and internal surfaces of a push-pull rod. We are issuing 
this AD to address failure of the elevator push-pull rod assembly, 
which could cause loss of elevator control and loss of control of 
the airplane.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Within 50 hours' time-in-service or 60 days after the effective 
date of this AD, whichever occurs first, do a borescopic inspection 
for corrosion of the interior of the elevator push-pull rod 
assembly, and before further flight replace any elevator push-pull 
rod assembly that has internal corrosion, in accordance with the 
Accomplishment Instructions of Pacific Aerospace Ltd. Service 
Bulletin PACSB/2C/001, Issue 1, dated September 25, 2018. If no 
internal corrosion is found, before further flight inspect for 
corrosion of the exterior of the elevator push-pull rod assembly and 
do all applicable corrective actions for reassembly, in accordance 
with the Accomplishment Instructions of Pacific Aerospace Ltd. 
Service Bulletin PACSB/2C/001, Issue 1, dated September 25, 2018. Do 
all other specified actions as applicable before further flight in 
accordance with the Accomplishment Instructions of Pacific Aerospace 
Ltd. Service Bulletin PACSB/2C/001, Issue 1, dated September 25, 
2018.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or the Civil Aviation Authority of New Zealand.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) New Zealand AD DCA/FBA/4, effective December 6, 2018, for 
related information. This MCAI may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-****.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-794-
5531; email 9-avs-nyaco-cos@faa.gov.

(j) 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 this AD specifies otherwise.
    (i) Pacific Aerospace Ltd. Service Bulletin PACSB/2C/001, Issue 
1, dated September 25, 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; telephone: +64 7843 6144; fax: +64 7843 
6134; email: pacific@aerospace.co.nz; internet: www.aerospace.co.nz.
    (4) You may view this service information at the FAA, Policy and 
Innovation, 901 Locust, Kansas City, Missouri. 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 and locating Docket No. FAA-2019-0047.
    (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 January 31, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-01541 Filed 2-11-19; 8:45 am]
BILLING CODE 4910-13-P


