DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0285; Product Identifier 2018-CE-010-AD; Amendment
39-19245; AD 2018-07-14]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited 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
certain
Pacific Aerospace Limited Model 750XL airplanes. This AD results from
mandatory continuing airworthiness information (MCAI) issued by the
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as insufficient engagement of the couplings with the flex
drive of the rudder trim drive system. We are issuing this AD to
require actions to address the unsafe condition on these products.
DATES: This AD is effective April 30, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 30,
2018.
We must receive comments on this AD by May 24, 2018.
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 AD, contact Pacific
Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton
3240, New Zealand; phone: +64 7843 6144; fax: +64 843 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. It is also available
on the internet
at http://www.regulations.gov by searching for locating Docket No. FAA-2018-0285.
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-2018-0285; 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: 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.
SUPPLEMENTARY INFORMATION:
Discussion
The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued CAA AD DCA/750XL/26, dated February 28,
2018 (referred to after this as ``the MCAI''), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI
states:
This [CAA] AD mandates the instructions in Pacific Aerospace
Limited Mandatory Service Bulletin (MSB) PACSB/XL/085 issue 1, dated
8 January 2018. The MSB is issued to prevent disengagement of the
rudder and/or elevator trim drive due to possible insufficient
engagement of the couplings with the flex drive at fuselage stations
115.34 and 180.85, which could result in an ineffective rudder and/
or elevator trim system.
You may examine the MCAI on the internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2018-0285.
Related Service Information Under 1 CFR Part 51
Pacific Aerospace Limited has issued Pacific Aerospace Mandatory
Service Bulletin PACSB/XL/085, Issue 1, dated January 8, 2018. The
service information describes procedures for removal of the rudder and
elevator drive shaft couplings and replacement with new couplings to
ensure proper engagement of the drive ends. 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 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because if
the rudder and/or elevator trim drive couplings become disconnected and
the rudder and elevator trim systems will become inoperable, which
increases the workload for the pilot. Therefore, we find good cause
that notice and opportunity for prior public comment are impracticable.
In addition, for the reason 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-2018-0285; Directorate
Identifier 2018-CE-010-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 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 AD.
Costs of Compliance
We estimate that this AD will affect 22 products of U.S. registry.
We also estimate that it would take about 6 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 $400 per product.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $20,020, or $910 per product.
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 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,
(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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
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