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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0743; Project Identifier MCAI-2020-00728-A;
Amendment 39-21200; AD 2020-16-16]
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
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 the outer race of bearing migrating out of the aileron
pivot fork on the control column. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective September 7, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 7,
2020.
The FAA must receive comments on this AD by September 7, 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; telephone: +64 7 843 6144; facsimile: +64
7
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 Docket No. FAA-2020-0743.
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-
0743; 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 in the
ADDRESSES section. 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 No. DCA/750XL/33A, dated February 7,
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/33A is prompted by a report of finding the outer race
of bearing P/N NA4901-2RSR migrating out of an aileron pivot fork on
a control column of a 750XL aircraft. The [CAA] AD is issued to
introduce retaining washers to the aileron pivot bearings in
accordance with the instructions in Pacific Aerospace Mandatory
Service Bulletin (MSB) PACSB/XL/115 issue 3, dated 21 January 2019.
This issue 3 MSB introduces alternate washer P/N AN960-516 for P/N
AN960-516L. The issue 2 MSB introduced alternate bolts for P/N
NAS6605D60.
The original design of the aileron pivot bearings did not have the
retaining hardware. After the design was revised and the retaining
hardware was added to the design drawing, production did not follow the
drawing. As a result, aileron pivot bearings were installed on the
affected airplanes without retaining hardware. Without the retaining
hardware, the outer race of the bearing can slip out of the aileron
pivot fork, which may lead to excessive play in the control column.
You may examine the MCAI on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0743.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Pacific Aerospace Limited Mandatory Service
Bulletin PACSB/XL/115, Issue 3, dated January 21, 2019; Pacific
Aerospace Limited Drawing Number WAS 7, Issue B, dated November 27,
2018; and Pacific Aerospace Limited Drawing Number WAS18, Issue NC,
dated December 13, 2018. The service bulletin contains procedures for
inspecting the aileron pivot fork end bearing assemblies of the
starboard and port control columns for security and installing
retaining washers and a bolt secured with a castellated nut and split
pin. The service drawings contain the specifications of the required
washers. 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 Information
The FAA also reviewed Pacific Aerospace Drawing Number BOL6603 thru
6620, Issue A, dated December 19, 2018. This drawing contains the
specifications for bolts that may be used in the aileron pivot fork end
bearing assemblies.
Differences Between the MCAI and This AD
The MCAI requires a daily inspection of the bearing assemblies and
allows either a mechanic or a pilot rated for this airplane to perform
these inspections. This AD does not require these daily inspections.
The MCAI requires installation of the retaining hardware within 165
hours time-in-service (TIS). The aileron pivot fork bearing could
migrate out of position at any time during any flight operation.
Because this AD does not require the daily visual inspections until the
retaining hardware is installed, the FAA has determined that a shorter
compliance time is necessary to address the unsafe condition.
Therefore, this AD requires installing the retaining hardware within 10
hours TIS or 15 days, whichever occurs first.
FAA's Determination and Requirements of This 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 the
aileron pivot fork bearing could slip out of the control column at any
time during flight and cause excessive play in the control column. This
condition could result in loss of airplane control. Therefore, the
corrective actions are required by this AD within 10 hours TIS or 15
days, whichever occurs first. The risk assessment received by the FAA,
and reconfirmed in July of 2020, indicates that urgent action is
required. Thus, the FAA finds good cause that notice and opportunity
for prior public comment are impracticable. In addition, for the
reasons 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-
0743 and Product Identifier MCAI-2020-00728-A at the beginning of your
comments.
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 estimates that it will take 3 work-hours per product
to install the retaining washers and bolt secured with a castellated nut
and
split pin to the aileron pivot fork bearing required by this AD. The average
labor rate is $85 per work-hour. Required parts will cost about $20.
Based on these figures, the FAA estimates the cost of this AD on
U.S. operators to be $6,050, or $275 per product.
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 this 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 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:
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