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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1310; Project Identifier MCAI-2022-01261-A;
Amendment 39-22220; AD 2022-22-05]
RIN 2120-AA64
Airworthiness Directives; NZSkydive Limited (Type Certificate
Previously Held by Pacific Aerospace Ltd.) 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
NZSkydive Limited (type certificate previously held by Pacific
Aerospace Ltd.) Model FBA-2C1, FBA-2C2, FBA-2C3, and FBA-2C4 airplanes.
This 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 identifies the unsafe condition as a batch of aileron control
chain sprockets being manufactured with a non-metallic sleeve insert in
the sprocket bore, which can cause cracks to develop and affect the
integrity of the aileron control chain sprockets. This AD requires
inspecting the sprockets to determine if they have a non-metallic
sleeve in the sprocket bore and replacing any sprocket found with a
non-metallic sleeve in the sprocket bore with one with a metallic
sleeve, and prohibits installation of aileron control chain sprockets
with non-metallic sleeves in the sprocket bore. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective November 9, 2022.
The FAA must receive comments on this AD by December 9, 2022.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1310; 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 final rule, the MCAI, any comments received, and
other information. The street address for Docket Operations is listed
above.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer,
FAA, General Aviation & Rotorcraft Section, International Validation
Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4144; email: mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1310; Project Identifier MCAI-
2022-01261-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. 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
regulations.gov, including any personal information you provide. The
agency 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, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301, Kansas
City, MO 64106. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The Civil Aviation Authority (CAA) of New Zealand, which is the
aviation authority for New Zealand, has issued CAA of New Zealand AD
DCA/FBA/5, dated September 23, 2022 (referred to after this as ``the
MCAI''), to correct an unsafe condition on Pacific Aerospace (the type
certificate holder on the FAA type certificate data sheet is NZSkydive
Limited) Model FBA-2C1, FBA-2C2, FBA-2C3, and FBA-2C4 airplanes
delivered after November 2012, fitted with an aileron control chain
sprocket part number (P/N) C446 received and installed after November
2012, and sprockets with P/N C446 received after November 2012 as spare
parts for all serial numbers. The MCAI states that it was prompted by
reports of cracks found at the roll pin holes in an affected batch of
sprockets having P/N C446 that were manufactured with non-metallic
sleeve inserts in the sprocket bore. These cracks can affect the
integrity of the aileron control chain sprockets and have the potential
to produce binding of the aileron flight controls. The unsafe
condition, if not addressed, could lead to loss of integrity of the
aileron control chain sprockets with consequent loss of control of the
airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1310.
Related Service Information
The FAA reviewed Pacific Aerospace Mandatory Service Bulletin
PACSB/2C/002, Issue 1, dated September 20, 2022, which specifies
inspecting the aileron control chain sprockets to determine if they
have a non-metallic sleeve in the sprocket bore and replacing any
aileron control chain sprocket found with a non-metallic sleeve in the
sprocket bore with one with a metallic sleeve.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information described above. The FAA is issuing
this AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of these
same type designs.
AD Requirements
This AD requires inspecting the aileron control chain sprockets to
determine if they have a non-metallic sleeve in the sprocket bore and
replacing any sprocket found with a non-metallic sleeve in the sprocket
bore with one with a metallic sleeve. This AD also prohibits the
installation of aileron control chain sprockets with non-metallic
sleeves in the sprocket bore.
Differences Between This AD and the MCAI
The MCAI refers to the design approval holder as Pacific Aerospace,
and this AD refers to the design approval holder as NZSkydive Limited
because that is the name on the FAA type certificate.
The MCAI references dates of delivery for the aileron control chain
sprockets (when the non-metallic sleeves were used) and this AD
requires an inspection to determine if non-metallic sleeves in the
sprocket bore are installed on all airplanes.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because aileron control chain sprockets with a non-metallic sleeve
insert in the sprocket bore can develop cracks and affect the integrity
of the aileron control chain sprockets. Because this condition can
develop quickly and without advance warning and lead to loss of control
of the airplane, immediate action must be done before further flight.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
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 the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 3 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Inspect aileron control chain
sprockets for a non-metallic sleeve |
3 work-hours x $85
per hour = $255 |
Not applicable
|
$255
|
$765
|
The FAA estimates the following costs
to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of
airplanes that might need these replacements:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Replace aileron control chain
sprocket(s) |
3 work-hours x $85 per hour =
$255 |
$520 (If replacing all
four sprockets) |
$775 (If replacing all four
sprockets) |
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 Findings
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.
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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