DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0769; Product Identifier 2018-CE-033-AD; Amendment
39-21213; AD 2020-17-08]
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 with wing lightning
protection panels installed. 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 electrical bonding of the wing lightning protection
panels. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective September 14, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 14,
2020.
The FAA must receive comments on this AD by October 8, 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: 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-2020-0769.

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-
0769; 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 of New Zealand (CAA) has issued AD
DCA/750XL/21, dated December 15, 2017 (referred to after this as ``the
MCAI''), to correct an unsafe condition for Pacific Aerospace Limited
Model 750XL airplanes with wing lightning protection panels installed.
To accompany the MCAI, the CAA issued Notification of Airworthiness
Directive issued for New Zealand Aeronautical Products IAW ICAO Annex
8, dated December 15, 2017, which states:

This [CAA] AD with effective date 22 December 2017 mandates an
electrical bonding inspection of the wing lightning protection
panels per the requirements in Pacific Aerospace Mandatory Service
Bulletin (MSB) PACSB/XL/092 issue 2, dated 15 December 2017, or
later approved revision.
The [CAA] AD is prompted by the possibility that there may be
insufficient electrical bonding between the lightning protection
panels and the airframe.

Due to a report of an airplane with wing lightning strike panels
that were not bonded to the airframe and without information confirming
whether the bonding was performed properly during the assembly process,
a check of all airplanes in operation is necessary.
In addition to the inspection of the electrical bonding on the wing
lightning protection panels, the MCAI also requires repair of any
insufficient electrical bonding found during the inspection. You may
examine the MCAI on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0769.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Pacific Aerospace Service Bulletin PACSB/XL/092,
Issue 2, dated December 15, 2017. The service information contains
procedures for inspecting the electrical bonding (verification testing)
on the wing lightning protection panels and repairing the electrical
bonding if insufficient bonding is found during the inspection. 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.

Differences Between This AD and the MCAI

The MCAI requires compliance before further flight for aircraft
operating under instrument flight rules (IFR) and before February 15,
2018, for aircraft operating under visual flight rules. The FAA's
engineering assessment determined an emergency AD was not warranted.
Therefore, this AD requires compliance within 30 days for aircraft
approved to operate under IFR and within 60 days for aircraft not approved to
operate under IFR.

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 the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this AD
because the agency 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
not corrected the unsafe condition, in the event of a lightning strike,
could result in an inflight fire. The risk assessment received by the
FAA, and reconfirmed in July of 2020, indicates that urgent action is
required. The corrective actions necessary to mitigate this unsafe
condition must be accomplished within 30 days for IFR operation and 60
days for VFR operations. Therefore, 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, the FAA invites 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-
0769 and Product Identifier 2019-CE-033-AD at the beginning of your
comments. The FAA will consider all comments received by the closing
date and may amend this final rule because of those 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 received, 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 received 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 about 5 work-hours
per product to comply with the basic inspection requirements of this
AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $9,350, or $425 per product.
In addition, the FAA estimates that any necessary follow-on repair
actions will take about 11 work-hours and require parts costing $200,
for a cost of $1,135 per product. The FAA has no way of determining the
number of products that may need these actions.

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 (AD):