[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Rules and Regulations]
[Pages 15052-15054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05368]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0181; Product Identifier 2019-CE-026-AD; Amendment 
39-21030; AD 2020-04-13]
RIN 2120-AA64


Airworthiness Directives; Daher Aircraft Design, LLC (Type 
Certificate Previously Held by Quest Aircraft Design, LLC) 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 all 
Daher Aircraft Design, LLC (type certificate previously held by Quest 
Aircraft Design, LLC (Quest)) Model KODIAK 100 airplanes. This AD 
requires revising the pilot's operating handbook and FAA approved 
airplane flight manual (POH/AFM) or supplement 5 to the POH/AFM. This 
AD was prompted by incorrect low weight landing distances in the 
performance section of the POH/AFM and supplement 5 to the POH/AFM. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

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

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 https://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 final rule, contact 
Kodiak Aircraft Company, Inc., 1200 Turbine Drive, Sandpoint, Idaho 
83864; phone: (208) 263-1111 or (866) 263-1112; email: 
KodiakCare@daher.com; internet: https://Kodiak.aero/support. 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. It 
is also available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0181.

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-
0181; 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 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: Brian Knaup, Aerospace Engineer, 
Seattle ACO Branch, FAA, 2200 S 216th St., Des Moines, Washington 
98198; telephone and fax: (206) 231-3502; email: brian.knaup@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA was notified by Quest (now Daher Aircraft Design, LLC) that 
the performance section in the Kodiak 100 Series POH/AFM, revisions 8 
through 21, and supplement 5, initial release and revision 01, to the 
POH/AFM were published with incorrect low weight landing distances in 
the ``Obstacle Landing Distance'' tables. The landing distances for 
6,000 lbs., 5,000 lbs., and 4,000 lbs. were incorrectly calculated and 
show values up to 520 feet shorter than actual expected performance. 
However, the landing distances for 6,690 lbs. are accurate.
    Model Kodiak 100 airplanes were originally type certificated with a 
gross weight of 6,690 lbs. Under an amended type certificate, serial 
numbers 100-0035 and subsequent were produced with an increased gross 
weight configuration of 7,255 lbs. and delivered with a POH/AFM 
(revisions 8 through 21) that contained limitations and performance 
data for the increased gross weight. For airplanes with serial numbers 
produced before 100-0035, Quest issued Service Notice SN-025 as an 
optional retrofit to increase the gross weight. Airplanes retrofitted 
with SN-025 were provided a supplement 5 to the POH/AFM (revision 1 
through 7) that contained the limitations and performance changes 
associated with the increased gross weight.
    Quest issued revision 22 of the POH/AFM to correct the landing 
distances data in the ``Obstacle Landing Distance'' table and to 
correct other errors and inconsistencies throughout the document.
    If not corrected, incorrect obstacle landing distances for weights 
below max gross weight could result in a runway overrun. The FAA is 
issuing this AD to address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Table 5-19: Obstacle Landing Distance, pages 5_68 
and 5_69, of Section 5, Performance, of the KODIAK 100 Series Aircraft 
Pilot's Operating Handbook and FAA Approved Airplane Flight Manual 
(Document No: AM901.0), Revision 22, dated April 10, 2019. These pages 
contain correct landing distance data in the ``Obstacle Landing 
Distance'' table. 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 Service Information

    The FAA reviewed Quest Safety Communique, QSC-011, Revision 00, 
dated April 1, 2019. This document notifies owner/operators of the 
incorrect data in the ``Obstacle Landing Distance'' table and 
recommends they revise their procedures until the corrected data is 
available.

FAA's Determination

    The FAA is issuing this AD because it evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

[[Page 15053]]

AD Requirements

    This AD requires revising the performance section of the POH/AFM or 
supplement 5 to the POH/AFM by removing the existing ``Obstacle Landing 
Distance'' table and replacing it with the ``Obstacle Landing 
Distance'' table found in revision 22 of the POH/AFM. This AD specifies 
that the owner/operator (pilot) may revise the AFM. Revising an AFM is 
not considered a maintenance action and may be done by a pilot holding 
at least a private pilot certificate. This action must be recorded in 
the aircraft maintenance records to show compliance with this AD.

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 a pilot using discrepant obstacle landing distance data could 
result in overrunning the runway on landing. Since the runway overrun 
could occur on any landing, the FAA requires compliance with this AD 
before further flight. Therefore, the FAA finds good cause that notice 
and opportunity for prior public comment are impracticable. In 
addition, for the reason 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-
0181 and Product Identifier 2019-CE-026-AD at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    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 received about this final rule.

Costs of Compliance

    The FAA estimates that this AD affects 99 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
----------------------------------------------------------------------------------------------------------------
Replace the ``Obstacle Landing      .5 work-hour x $85     Not applicable.......          $42.50       $4,207.50
 Distance'' table.                   per hour = $42.50.
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    This AD allows the owner/operator (pilot) to replace the affected 
table in the POH/AFM or supplement 5 to the POH/AFM required by this 
AD. According to Quest, they will provide one full copy of Quest 
Aircraft KODIAK 100 Series Aircraft Pilot's Operating Handbook and FAA 
Approved Airplane Flight Manual (Document No: AM901.0), Revision 22, 
dated April 10, 2019, to operators. However, the FAA does not control 
warranty coverage for affected individuals.

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.
    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 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

    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.

[[Page 15054]]

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2020-04-13 Daher Aircraft Design, LLC (Type Certificate Previously 
Held by Quest Aircraft Design, LLC): Amendment 39-21030; Docket No. 
FAA-2020-0181; Product Identifier 2019-CE-026-AD.

(a) Effective Date

    This AD is effective April 1, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Quest Aircraft Design, LLC (type certificate 
data sheet currently held by Daher Aircraft Design, LLC) Model 
KODIAK 100 airplanes, serial numbers 100-0001 through 100-0273, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 91, Charts.

(e) Unsafe Condition

    This AD was prompted by incorrect low weight landing distances 
in the ``Obstacle Landing Distance'' table, located either in the 
performance section of the pilot's operating handbook and FAA 
approved airplane flight manual (POH/AFM) or in supplement 5 to the 
POH/AFM. The FAA is issuing this AD to prevent pilots from using 
incorrect obstacle landing distance performance charts for weights 
below maximum gross weight. The unsafe condition, if not addressed, 
could result in pilots miscalculating the required landing distance, 
which could lead to a runway overrun.

(f) Compliance

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

(g) Revise the POH/AFM

    (1) Before further flight after April 1, 2020 (the effective 
date of this AD), revise the POH/AFM for your airplane by removing 
the ``Obstacle Landing Distance'' table (2 pages) and replacing it 
with Table 5-19, Obstacle Landing Distance, pages 5_68 and 5_69, 
Section 5, Performance, from Quest Aircraft Kodiak 100 Series 
Aircraft, Pilot's Operating Handbook and FAA Approved Airplane 
Flight Manual (Document No: AM901.0), Revision 22, dated April 10, 
2019.

    Note 1 to paragraph (g)(1) of this AD:  The Obstacle Landing 
Distance table may be located either in the Performance section 
(Section 5) of the POH/AFM or in supplement 5 to the POH/AFM, 
depending on the revision level of your POH/AFM.

    (2) The actions required by paragraphs (g)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9(a)(1) 
through (4) and 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 the attention of the 
person identified in paragraph (i) of this AD.
    (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.

(i) Related Information

    (1) For more information about this AD, contact Brian Knaup, 
Aerospace Engineer, Seattle ACO Branch, FAA, 2200 S 216th St., Des 
Moines, Washington 98198; telephone and fax: (206) 231-3502; email: 
brian.knaup@faa.gov.
    (2) Quest Aircraft Quest Safety Communique, QSC-011, Revision 
00, dated April 1, 2019, contains additional information related to 
this AD. You may obtain a copy of this document using the contact 
information in paragraph (j)(3) of this AD.

(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) Table 5-19, Obstacle Landing Distance, pages 5_68 and 5_69, 
of Section 5, Performance, of the Quest Aircraft Kodiak 100 Series 
Aircraft Pilot's Operating Handbook and FAA Approved Airplane Flight 
Manual (Document No: AM901.0), Revision 22, dated April 10, 2019.
    (ii) [Reserved]
    (3) For Quest Aircraft Company LLC service information 
identified in this AD, contact Kodiak Aircraft Company Inc. 
(formerly Quest Aircraft Company LLC), 1200 Turbine Drive, 
Sandpoint, Idaho 83864; phone: (208) 263-1111 or 1 (866) 263-1112; 
email: KodiakCare@daher.com; internet: https://Kodiak.aero/support.
    (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.
    (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: fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on February 27, 2020.
Patrick R. Mullen,
Aircraft Certification Service, Manager, Small Airplane Standards 
Branch, AIR-690.
[FR Doc. 2020-05368 Filed 3-16-20; 8:45 am]
 BILLING CODE 4910-13-P


