This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

28171 

Vol. 83, No. 117 

Monday, June 18, 2018 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0422; Product 

Identifier 2018–CE–015–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). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2015–23– 

03 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 fatigue cracks on the fin 

forward pickup plates. We are issuing 

this proposed AD to require actions to 

address the unsafe condition on these 

products. 

DATES: We must receive comments on 

this proposed AD by August 2, 2018. 

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 

copies of the 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–2018– 

0422; 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 (telephone (800) 

647–5527) 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 

We invite 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–2018–0422; Product Identifier 

2018–CE–015–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http://

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We issued AD 2015–23–03, 

Amendment 39–18319 (80 FR 69569; 

November 10, 2015) (‘‘AD 2015–23– 

03’’). That AD required actions intended 

to address an unsafe condition on 

Pacific Aerospace Limited Model 750XL 

airplanes and was based on mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country. 

Since we issued AD 2015–23–03, a 

new part number (P/N) hi-lok fastener 

has become available due to limited 

availability of the original hi-lok P/N. 

The Civil Aviation Authority of New 

Zealand (CAA), has issued DCA/750XL/ 

18B, dated February 28, 2018 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for Pacific 

Aerospace Limited Model 750XL 

airplanes. The MCAI states: 

This (CAA) AD revised to introduce Pacific 

Aerospace Limited Mandatory Service 

Bulletin (MSB) PACSB/XL/068 issue 6, dated 

8 January 2018. The changes to the SB are 

limited to minor editorial changes, and the 

addition of alternate P/N hi-lok fasteners due 

to limited availability of the original P/N. 

There are no changes to the AD applicability 

or the requirements. 

You may examine the MCAI on the 

internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2018–0422. 

Related Service Information Under 1 

CFR Part 51 

Pacific Aerospace Limited has issued 

Pacific Aerospace Service Bulletin 

PACSB/XL/068, Issue 6, dated January 

8, 2018. The service information 

describes procedures for reducing the 

torque setting for the fin forward pickup 

bolt. The service bulletin also 

introduces a new, improved 

replacement fin forward pickup plate, 

part number (P/N) 11–0375–1, to 

replace P/N 11–10281–1. 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 


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28172 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we 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 

We estimate that this AD will affect 

22 products of U.S. registry. We also 

estimate that it will take about 22 workhours per product to comply with all 

the requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $1,692 

per product. 

Based on these figures, we estimate 

the cost of this AD on U.S. operators to 

be $78,364, or $3,562 per product. 

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. 

We are 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 

products to the Director of the Policy 

and Innovation Division. 

Regulatory Findings 

We 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) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–18319 (80 FR 

69569; November 10, 2015), and adding 

the following new AD: 

Pacific Aerospace Limited: Docket No. FAA– 

2018–0422; Product Identifier 2018–CE– 

015–AD. 

(a) Comments Due Date 

We must receive comments by August 2, 

2018. 

(b) Affected ADs 

This AD replaces AD 2015–23–03, 

Amendment 39–18319 (80 FR 69569; 

November 10, 2015) (‘‘AD 2015–23–03’’). 

(c) Applicability 

This AD applies to Pacific Aerospace 

Limited Model 750XL airplanes, all serial 

numbers through XL–193, XL–195, and XL– 

197, certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 53: Fuselage. 

(e) Reason 

This AD was prompted by 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 fatigue 

cracks on the fin forward pickup plates. We 

are issuing this AD to detect and correct 

cracked fin forward pickup plates to prevent 

failure of the fin forward pickup plates, 

which could result in reduced control. 

(f) Actions and Compliance 

Unless already done, do the actions in 

paragraphs (f)(1) through (f)(4) of this AD: 

(1) Within the next 150 hours time-inservice (TIS) after the effective date of this 

AD, reduce the fin forward pickup bolt 

torque following the procedures in section 

1.D., paragraphs A. 1) and A. 2) of the 

PLANNING INFORMATION in Pacific 

Aerospace Limited Mandatory Service 

Bulletin PACSB/XL/068, Issue 6, dated 

January 8, 2018. 

(2) At or before reaching 2,000 hours total 

time-in-service (TTIS) or within the next 150 

hours TIS after the effective date of this AD, 

whichever occurs later, and repetitively 

thereafter at intervals not to exceed 600 hours 

TIS or 12 months, whichever occurs first, do 

a detailed visual inspection and liquid 

penetrant inspection of the fin forward 

pickup plates for any evidence of cracking. 

Do the inspections following the procedures 

in sections 2.A. and 2.B. of the 

ACCOMPLISHMENT INSTRUCTIONS in 

Pacific Aerospace Limited Mandatory Service 

Bulletin PACSB/XL/068, Issue 6, dated 

January 8, 2018. 

(3) If cracks are found in either of the 

forward pickup plates during any inspection 

required in paragraph (f)(2) of this AD, before 

further flight, replace both fin forward 

pickup plates with new fin forward pickup 

plates, part number (P/N) 11–03375–1. Do 

the replacement following the procedures in 

section 2.C. of the ACCOMPLISHMENT 

INSTRUCTIONS in Pacific Aerospace 

Limited Mandatory Service Bulletin PACSB/ 

XL/068, Issue 6, dated January 8, 2018. This 

replacement terminates the repetitive 

inspections required in paragraph (f)(2) of 

this AD. 

(4) If no cracks are found during any 

inspection required in paragraph (f)(2) of this 

AD, at or before reaching 6,000 hours TTIS 

or within the next 600 hours TIS after the 

effective date of this AD, whichever occurs 

later, replace both fin forward pickup plates, 

P/N 11–10281–1, with P/N 11–03375–1. Do 

the replacement following the procedures in 

section 2.C or 2.D. of the 

ACCOMPLISHMENT INSTRUCTIONS in 

Pacific Aerospace Limited Mandatory Service 

Bulletin PACSB/XL/068, Issue 6, dated 

January 8, 2018. This replacement terminates 

the repetitive inspections required in 

paragraph (f)(2) of this AD. 

(g) Credit for Previous Actions 

This AD allows credit for actions required 

in paragraphs (f)(1) through (4) of this AD if 

done before the effective date of this AD 

following Pacific Aerospace Limited 

Mandatory Service Bulletin PACSB/XL/068, 

Issue 5, dated June 29, 2015. 


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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules 28173 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Small Airplane 

Standards Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: 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. Before using any 

approved AMOC on any airplane to which 

the AMOC applies, notify your appropriate 

principal inspector (PI) in the FAA Flight 

Standards District Office (FSDO), or lacking 

a PI, your local FSDO. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, Standards Office, FAA; or 

the Civil Aviation Authority of New Zealand 

(CAA). 

(i) Special Flight Permit 

A special flight permit is prohibited until 

Part A of the ACCOMPLISHMENT 

INSTRUCTIONS in Pacific Aerospace 

Limited Mandatory Service Bulletin PACSB/ 

XL/068, Issue 6, dated January 8, 2018, is 

completed. Once Part A has been completed, 

a special flight permit is allowed for Part B 

of the ACCOMPLISHMENT INSTRUCTIONS 

in Pacific Aerospace Limited Mandatory 

Service Bulletin PACSB/XL/068, Issue 6, 

dated January 8, 2018. 

(j) Related Information 

Refer to MCAI CAA AD DCA/750XL/18B, 

dated February 28, 2018, for related 

information. You may examine the MCAI on 

the internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2018–0422. For service information related to 

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 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. 

Issued in Kansas City, Missouri, on May 7, 

2018. 

Melvin J. Johnson, 

Deputy Director, Policy & Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2018–12886 Filed 6–15–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0580] 

RIN 100–AA08 

Special Local Regulations; Annual Les 

Cheneaux Islands Antique Wooden 

Boat Show; Hessel, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

add a special local regulation to increase 

safety in the navigable waters of 

Marquette Bay, Hessel, MI, during the 

annual Les Cheneaux Islands Antique 

Wooden Boat Show. The proposal will 

add a no wake zone to be enforced in 

the area around the show from 7 a.m. to 

7 p.m. on a date in mid-August. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 9, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0580 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. Type the docket 

number (USCG–2018–0580) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Chief Steven Durden, Waterways 

Management, Coast Guard Sector Sault 

Sainte Marie, U.S. Coast Guard; 

telephone 906–635–3222, email 

Steven.E.Durden@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Les Cheneaux Antique Wooden 

Boat Show was founded in 1978 and the 

event is held every year in mid-August. 

During this event, a variety of vessel 

traffic is attracted to the area in and 

surrounding the Hessel Marina. A 

commercial ferry vessel, jet skis, kayaks, 

paddle boards, sail and power vessels 

all use this this waterway to view the 

show and to transit the area. This mix 

of vessels in close proximity to each 

other warrants additional safety 

measures. 

The legal basis for this proposed 

rulemaking is found at 33 U.S.C. 1233; 

33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 

0170.1. 

III. Discussion of Proposed Rule 

The Captain of the Port Sault Sainte 

Marie (COTP) has determined that 

adding the Annual Les Cheneaux 

Islands Antique Wooden Boat Show to 

the list of Special Local Regulations to 

establish a no wake zone in the 

navigable waters of Marquette Bay near 

Hessel, MI is the most practical way to 

ensure the safety of the boating public. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day for the no wake zone. 

Vessel traffic will be able to safely 

transit through the no wake zone which 

will impact a small designated area 

within the COTP zone for a short 

duration of time. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 


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