DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0842; Product Identifier 2018-CE-025-AD]
Airworthiness Directives; Pacific Aerospace Limited Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of the comment period.
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,
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
843 6134; email: firstname.lastname@example.org; 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,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email:
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.
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
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
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
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
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
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
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
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
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
(1) Is not a "significant regulatory action" under Executive
(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
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
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 removing Airworthiness Directive (AD)
2018-04-09, Amendment 39-19205 (83 FR 9793, March 8, 2018) and adding
the following new AD: