[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40384-40386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15954]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0603; Project Identifier 2019-CE-006-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Pacific Aerospace Limited Model 750XL airplanes. This 
proposed 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 chafing damage in 
the port wing skin caused by the fuel system finger filters. This 
proposed AD would require inspecting the wing internal skin for chafing 
and taking any necessary corrective actions. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
13, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact the Civil 
Aviation Authority of New Zealand, Level 15, Asteron Centre, 55 
Featherston Street, Wellington 6011; phone: +64 4 560 9400; fax: +64 4 
569 2024; email: <a href="/cdn-cgi/l/email-protection#0c65626a634c6f6d6d226b637a78226276"><span class="__cf_email__" data-cfemail="f69f989099b6959797d891998082d8988c">[email protected]</span></a>. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 901 Locust, Kansas City, MO 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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0603; 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 NPRM, the MCAI, 
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, Aviation Safety Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4144; fax: (816) 329-4090; email: <a href="/cdn-cgi/l/email-protection#5e3337353b7035373b2d31281e383f3f70393128"><span class="__cf_email__" data-cfemail="6d00040608430604081e021b2d0b0c0c430a021b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0603; Project Identifier 
2019-CE-006-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Mike 
Kiesov, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 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), which is the aviation authority 
for New Zealand, has issued AD No. DCA/750XL/34, effective date 
February 7, 2019 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for certain Pacific Aerospace Limited Model 750XL 
airplanes. The MCAI states:

    DCA/750XL/34 is prompted by a report of finding chafing damage 
in the port wing skin caused by the fuel finger filters. The [CAA] 
AD is issued to introduce inspection and repair requirements with 
the issue of Pacific Aerospace Mandatory Service Bulletin (MSB)

[[Page 40385]]

PACSB/XL/099 issue 1, dated 16 January 2019.

    The MCAI requires inspecting the wing internal skin for chafing and 
taking any necessary corrective actions. You may examine the MCAI in 
the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0603.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Limited Mandatory Service 
Bulletin PACSB/XL/099, Issue 1, dated January 16, 2019. The service 
information contains procedures for removing and modifying the 
inspection panel assembly, inspecting the wing internal skin for 
chafing, repairing any chafing damage and replacing the fuel filter as 
necessary, and reinstalling the inspection panel 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is 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 referenced above. The FAA is issuing this NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 23 airplanes of U.S. registry. The FAA also estimates that it 
would take about 5 work-hours per airplane to do the inspection and 
modification requirements of this proposed AD, and no parts would be 
necessary. Based on these figures, the FAA estimates the cost of the 
inspection and modification for U.S. operators to be $9,725, or $425 
per product.
    In addition, the FAA estimates that any necessary follow-on actions 
for repair or replacement requirements of this proposed AD would take 
about 6 work-hours and require parts costing $150, for a cost of $660 
per airplane. The FAA has no way of determining the number of airplanes 
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 Findings

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Pacific Aerospace Limited: Docket No. FAA-2021-0603; Project 
Identifier 2019-CE-006-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers 100 through 205, 207 through 213, and 
8001, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2800, Aircraft Fuel 
System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and address an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as chafing damage 
in the port wing skin caused by the fuel system finger filters. The 
FAA is issuing this AD to detect and correct chafing in the left 
hand (LH) wing leading edge tank skin, which if not detected and 
corrected, could result in a port wing fuel leak and lead to engine 
failure or fire.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 165 hours time-in-service after the effective date of 
this AD, modify the LH inspection panel assembly and inspect the LH 
wing and fuel tank for chafing, and then, before further flight, 
repair any chafing and install the panels in accordance with the 
Accomplishment Instructions in Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/099, Issue 1, dated January 16, 2019.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in Related Information or email: 
<a href="/cdn-cgi/l/email-protection#784155392e2b5539312a554f4b48553935373b381e1919561f170e"><span class="__cf_email__" data-cfemail="84bda9c5d2d7a9c5cdd6a9b3b7b4a9c5c9cbc7c4e2e5e5aae3ebf2">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager

[[Page 40386]]

of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD contact Mike Kiesov, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4144; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#127f7b79773c797b77617d64527473733c757d64"><span class="__cf_email__" data-cfemail="771a1e1c12591c1e120418013711161659101801">[email protected]</span></a>.
    (2) Refer to Civil Aviation Authority (CAA) of New Zealand AD 
No. DCA/750XL/34, effective date February 7, 2019, for more 
information. You may examine the CAA AD in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0603.
    (3) For service information identified in this AD, contact the 
Civil Aviation Authority of New Zealand, Level 15, Asteron Centre, 
55 Featherston Street, Wellington 6011; phone: + 64 4 560 9400; fax: 
+ 64 4 569 2024; email: <a href="/cdn-cgi/l/email-protection#4b22252d240b282a2a652c243d3f652531"><span class="__cf_email__" data-cfemail="b6dfd8d0d9f6d5d7d798d1d9c0c298d8cc">[email protected]</span></a>. You may review this 
referenced service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 
64106. For information on the availability of this material at the 
FAA, call (816) 329-4148.

    Issued on July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-15954 Filed 7-27-21; 8:45 am]
BILLING CODE 4910-13-P


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