DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0711; Project Identifier MCAI-2020-00719-A;
Amendment 39-21188; AD 2020-16-04]
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: The FAA is 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 an incorrect illustration of the screw jack
assembly in the airplane maintenance manual, which may cause potential
errors with installation. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective September 2, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 2,
2020.
The FAA must receive comments on this AD by September 28, 2020.

ADDRESSES: You may send comments 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 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: https://www.aerospace.co.nz/. You
may view this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 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 locating Docket No. FAA-
2020-0711.

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-
0711; 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 is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section, International Validation 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 AD DCA/750XL/38A, dated September 5, 2019
(referred to after this as ``the MCAI''), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI
states:

DCA/750XL/38A with effective date 5 September 2019 and a 5 hour
TIS compliance is prompted by two reports of finding incorrectly
assembled flap screw jacks on affected aircraft. This AD is revised
to introduce Pacific Aerospace Mandatory Service Bulletin (MSB)
PACSB/XL/117 issue 2, dated 21 August 2019 and expand the AD
applicability to include additional aircraft S/N and parts held as
spares.
There are no additional AD requirements for aircraft and
affected parts in compliance with DCA/750XL/38.
A Pacific Aerospace Ltd (PAL) review of the 750XL Maintenance
Manual (MM) and the 750XL Illustrated Parts Manual (IPM) has
determined that the orientation shown in these two manuals for the
flap screw jack bearing stop is incorrect. PAL has subsequently
issued temporary revisions dated 5 June 2019, for both the 750XL MM
and the 750XL IPM to correct the orientation shown for the flap
screw jack bearing stop. These temporary revisions can be obtained
from Pacific Aerospace Ltd, Hamilton, New Zealand.

Due to the possibility that there may be incorrectly assembled
flap screw jack assemblies in service, this [CAA] AD is issued to
introduce the corrective actions in Pacific Aerospace Mandatory
Service Bulletin (MSB) PACSB/XL/117 issue 2, dated 21 August 2019.
The aircraft may be recovered back to a maintenance base for the
inspection, provided the flight is a non-hire or reward flight with
no passengers carried.

You may examine the MCAI on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0711.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Pacific Aerospace Mandatory Service Bulletin
PACSB/XL/117, Issue 2, dated August 21, 2019. The service information
contains procedures for inspecting the flap screw jack assembly to
verify proper configuration of the assembly. 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

Pacific Aerospace Limited has also issued temporary revisions for
the P-750 XSTOL Maintenance Manual for the 750XL Aircraft, Revision 16,
dated October 2018; and the P-750 XSTOL III Maintenance Manual P/N 11-
08002-1 for the 750XL (EFIS) Aircraft, Revision 2, dated August 2018.
These temporary revisions contain corrections for the orientation of
the flap screw jack bearing stop.

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, it has
notified us of the unsafe condition described in the MCAI and service
information referenced above. The FAA is issuing this AD because it
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 of
the possibility there may be incorrectly assembled flap screw jack
assemblies in service, which could cause failure of the flap screw jack
and result in a failure of the flap actuator to fully extend the flaps
during the completion of a final approach. This condition, if not
detected and corrected, could result in a longer landing distance and a
possible runway overrun condition. The risk assessment received by the
FAA, and reconfirmed in July of 2020, indicates that urgent action is
required. 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, we invite 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-
0711 and Product Identifier MCAI-2020-00719-A at the beginning of your
comments. We will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments we receive, 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 we receive about this final rule.

Confidential Business Information

CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Mike
Kiesov, Aerospace Engineer, FAA, General Aviation & Rotorcraft Section,
International Validation Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Costs of Compliance

The FAA estimates that this AD will affect 22 products of U.S.
registry. The FAA also estimates that it will take 1 work-hour per
product to comply with the inspection requirement of this AD. The
average labor rate is $85 per work-hour.
Based on these figures, the FAA estimates the cost of the
inspection for U.S. operators to be $1,870, or $85 per product.
In addition, the FAA estimates that any necessary follow-on actions
will take 4 work-hours and require parts costing $50, for a cost of
$390 per product. The FAA has no way of determining the number of
products that may need these actions.
According to the manufacturer, some of the costs of this 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.

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

The FAA has 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, 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

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: