DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0566; Product Identifier 2018-CE-035-AD]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)
for Pacific Aerospace Limited Model 750XL airplanes. This proposed AD
results from 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 ineffective firewall sealing for firewall
wiring penetrations. The FAA is issuing this proposed AD to require
actions to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by September
20,
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; phone: +64 7843 6144; fax: +64 843 6134;
email: pacific@aerospace.co.nz; internet: www.aerospace.co.nz. You may
review 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-2019-0566;
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 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:
Comments Invited
The FAA invites 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-2019-0566;
Product Identifier 2018-CE-035-AD" at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. The
FAA will consider all comments received by the closing date and may
amend this proposed AD because of those comments.
The FAA will post all comments the FAA receives, without change, to
http://regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.
Discussion
The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/750XL/31, dated July 5, 2018
(referred to after this as "the MCAI"), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI
states:
During a review of the installation of the aircraft main loom
[part number] P/N 11-81021, possible ineffective sealing was
identified for firewall wiring penetrations. DCA/750XL/31 is issued
to mandate the instructions in Pacific Aerospace Mandatory Service
Bulletin (MSB) PACSB/XL/101 issue 1, dated 9 May 2018, or later
approved revision to improve the firewall sealing by installing new
components (firewall penetration tubes, firesleeve and hose clips).
The CAA advised the design is non-compliant with regard to the
fireproof requirements for firewalls. Ineffective sealant may fail to
prevent fire propagation through the firewall, which could result in
smoke or fire in the cockpit. The CAA issued the MCAI to correct this
unsafe condition. You may examine the MCAI on the internet at http://
www.regulations.gov by searching for and locating Docket No. FAA-2019-
0566.
Related Service Information Under 1 CFR Part 51
Pacific Aerospace Limited has issued Pacific Aerospace Service
Bulletin PACSB/XL/101, Issue 1, dated May 9, 2018. The service
information provides instructions for installing improved firewall
sealing for wiring penetration looms and correcting any damaged or
chafed looms. 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 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, it has
notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing
this AD because the FAA evaluated all information and determined the
unsafe condition exists and is likely to exist or develop on other
products of the same type design.
Costs of Compliance
The FAA estimates that this proposed AD will affect 22 products of
U.S. registry. The FAA also estimates that it would take about 8 work-
hours per product to comply with the basic requirements of this
proposed AD. The average labor rate is $85 per work-hour. Required
parts would cost about $385 per product.
Based on these figures, the FAA estimates the cost of the proposed
AD on U.S. operators to be $23,430, or $1,065 per product.
According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all costs in
our cost estimate.
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 Findings
The FAA 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) Will not affect intrastate aviation in Alaska, and
(3) 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
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 airworthiness
directive (AD):
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