Airworthiness Directives; Pacific Aerospace Limited Airplanes, 26775-26778 [2019-11751]
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Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Victoria Huckabay, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–5183; email:
Victoria.Huckabay@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
khammond on DSKBBV9HB2PROD with PROPOSALS
A. Obtaining Information
Please refer to Docket ID NRC–2019–
0084 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0084.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2019–
0084 in your comment submission.
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The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. The Petitioner
The petition was submitted by
Michael D. Meier on behalf of Southern
Nuclear Operating Company. Michael D.
Meier is the Vice President of
Regulatory Affairs for Southern Nuclear
Operating Company, a nuclear energy
facility operator.
III. The Petition
The petitioner is requesting that the
NRC revise part 171 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Annual fees for reactor licenses and
fuel cycle licenses and materials
licenses, including holders of
certificates of compliance, registrations,
and quality assurance program
approvals and government agencies
licensed by the NRC.’’ Specifically, the
petitioner is requesting that the NRC
revise the timing of when annual license
fees for holders of a combined license
under 10 CFR part 52, ‘‘Licenses,
certifications, and approvals for nuclear
power plants,’’ commence, to coincide
with a licensee’s commercial operation,
rather than upon a 10 CFR 52.103(g)
finding. The petition may be found in
ADAMS under Accession No.
ML19081A015.
IV. Discussion of the Petition
The petitioner requests that the NRC
change the start date of assessment of
annual fees for combined license
holders under part 52 to align with the
date when a reactor is declared available
for commercial operation, instead of the
current requirement in 10 CFR 171.15(a)
to commence at the date when the
Commission has made the finding under
§ 52.103(g) that all inspections, tests,
analyses, and acceptance criteria are
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26775
met. The petitioner observes that a
startup period of time is required, after
the licensee receives NRC’s
authorization to operate, to complete the
remaining tasks necessary to operate the
power reactor commercially. The
petitioner asserts that at the time of a 10
CFR 52.103(g) finding, the power reactor
has not yet been loaded with fuel,
undergone startup testing, power
ascension, commissioning, or other
actions necessary to reliably generate
energy for the production of revenue.
The petitioner states that (1) a licensee
may not complete these startup
activities and achieve commercial
operation until several months after the
§ 52.103(g) finding is made, and (2) the
licensee should not be subject to the
annual fee required under § 171.15,
‘‘Annual fees: Reactor licenses and
independent spent fuel storage
licenses,’’ until the nuclear power plant
receives financial benefit from
commercial operation beyond minimal
amounts of revenue derived from test
energy. The petitioner also raises an
issue regarding the fairness of charging
an annual license fee before commercial
operations commence.
V. Conclusion
The NRC has determined that the
petition meets the threshold sufficiency
requirements for docketing a petition for
rulemaking under 10 CFR 2.803. The
NRC is examining the issues raised in
PRM–171–1 to determine whether they
should be considered in rulemaking.
Dated at Rockville, Maryland, this 4th day
of June, 2019.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2019–12082 Filed 6–7–19; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0842; Product
Identifier 2018–CE–025–AD]
RIN 2120–AA64
Airworthiness Directives; Pacific
Aerospace Limited Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of the comment period.
AGENCY:
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Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules
We are revising an earlier
proposal to supersede Airworthiness
Directive (AD) AD 2018–04–09 for
Pacific Aerospace Limited Model 750XL
airplanes. This proposed airworthiness
directive (AD) results from 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 incorrectly
marked and annunciated low oilpressure indication warnings. This
SNPRM changes the title of one of the
flight manuals to be revised, so that the
revision requirement applies to all
operators, regardless of the issue of their
flight manual. Since these actions may
impose an additional burden over those
in the notice of proposed rulemaking
(NPRM), we are reopening the comment
period to allow the public the
opportunity to comment on these
changes.
SUMMARY:
We must receive comments on
this proposed AD by July 25, 2019.
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 proposed 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: www.aerospace.co.nz. You
may view 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.
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DATES:
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–2017–
0867; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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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 listed above. 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–2018–0842; Product Identifier
2018–CE–025–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 https://
www.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 an NPRM to amend 14 CFR
part 39 by adding an AD that would
remove AD 2018–04–09, Amendment
39–19205 (83 FR 9793, March 8, 2018)
(‘‘AD 2018–04–09’’) and add a new AD.
AD 2018–04–09 addresses an unsafe
condition on Pacific Aerospace Limited
Model 750XL airplanes and was based
on an MCAI originated by the Civil
Aviation Authority (CAA), which is the
aviation authority for New Zealand.
The NPRM was published in the
Federal Register on October 23, 2018
(83 FR 53409). The NPRM proposed to
require revising the Airplane Flight
Manual (AFM) (pilot’s operating
handbook (POH)) with updated
provisions and clarify that the
procedure to modify the oil pressure/
temperature indicator may be performed
as an option to replacing the indicator.
The NPRM was based on the CAA’s
revision its previous MCAI, CAA AD
DCA/750XL/19A, dated April 26, 2018
(referred to after this as ‘‘the MCAI’’), to
mandate the AFM (POH) revisions and
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also to include an option to modify the
oil pressure/temperature indicator.
After we issued the NPRM, we
discovered an error in the title of one of
the flight manuals to be revised. The
NPRM proposed a requirement for
airplanes with Pacific Aerospace Pilot’s
Operating Handbook and Civil Aviation
Authority of New Zealand Approved
Flight Manual AIR 3237, Issue 2. This
SNPRM proposes to change the title,
eliminating the issue level, so that the
revision requirement applies to all
operators, regardless of the issue of their
flight manual. Because this change
expands the number of operators who
would be required to comply with this
requirement, the FAA is reopening the
comment period to provide additional
opportunity for public comment. This
SNPRM also includes other editorial
changes that do not affect the required
actions.
Related Service Information Under 1
CFR Part 51
We reviewed Pacific Aerospace
Temporary Revision Instruction Letter,
dated October 2017, which includes
Pacific Aerospace Temporary Revisions
XL/POH/00/001, XL/POH/02/001, and
XL/POH/03/001; and Pacific Aerospace
Revision Instruction Letter, dated March
2018, which includes Pacific Aerospace
POH AIR 3237 Revision, dated March
30, 2018, for 750XL airplanes. For the
applicable configurations, the service
information includes revisions to the
AFM that corrects the incorrect
instrument markings.
We also reviewed Pacific Aerospace
Mandatory Service Bulletin PACSB/XL/
088, dated August 11, 2017, which was
previously approved for incorporation
by reference on April 12, 2018 (83 FR
9793, March 8, 2018), and describes
procedures for replacement or
modification of the low oil-pressure
light, pressure switch, and indicator.
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 of
the AD.
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
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
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Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules
condition exists and is likely to exist or
develop on other products of the same
type design.
The change described above expands
the scope of the NPRM. As a result, we
have determined that it is necessary to
reopen the comment period to provide
additional opportunity for the public to
comment on the proposed AD.
Costs of Compliance
We estimate that this SNPRM will
affect 22 products of U.S. registry. We
also estimate that it would take about 2
work-hours per product to comply with
the basic requirements of this AD. The
average labor rate is $85 per work-hour.
Required parts would cost about $500
per product.
Based on these figures, we estimate
the cost of this AD on U.S. operators to
be $14,740, or $670 per product.
Since this supplemental NPRM
requires the same actions as AD 2018–
04–09, the costs of compliance remains
the same and does not impose any
additional costs on U.S. operators.
There has been no change in the Cost
of Compliance section in this
supplemental NPRM.
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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
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appliances 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 Airworthiness Directive (AD)
2018–04–09, Amendment 39–19205 (83
FR 9793, March 8, 2018) and adding the
following new AD:
■
Pacific Aerospace Limited: Docket No. FAA–
2018–0842; Product Identifier 2018–CE–
025–AD.
(a) Comments Due Date
We must receive comments by July 25,
2019.
(b) Affected ADs
This AD replaces AD 2018–04–09,
Amendment 39–19205 (83 FR 9793, March 8,
2018) (‘‘AD 2018–04–09’’).
(c) Applicability
This AD applies to Pacific Aerospace
Limited Model 750XL airplanes, all serial
numbers up to 217, certificated in any
category.
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26777
(d) Subject
Air Transport Association of America
(ATA) Code 57: Wings.
(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 incorrectly
marked and annunciated low oil-pressure
indication warnings. We are issuing this AD
to prevent engine oil pressure from dropping
below safe limits, which could cause possible
engine damage or failure.
(f) Actions and Compliance
Unless already done, do the following
actions in paragraphs (f)(1) through (4) of this
AD, as applicable:
(1) For airplanes with Pacific Aerospace
Pilot’s Operating Handbook and Civil
Aviation Authority of New Zealand
Approved Flight Manual AIR 2825 (AIR
2825): Within the next 30 days after July 15,
2019 (the effective date of this AD), insert
Pacific Aerospace Temporary Revisions XL/
POH/00/001, XL/POH/02/001 and XL/POH/
03/001 into the Pacific Aerospace Limited
(PAL) 750XL AIR 2825 Airplane Flight
Manual as specified in Pacific Aerospace
Temporary Revision Instruction Letter, dated
October 2017.
(2) For airplanes with Pacific Aerospace
Pilot’s Operating Handbook and Civil
Aviation Authority of New Zealand
Approved Flight Manual AIR 3237 (AIR
3237): Within the next 30 days after July 15,
2019 (the effective date of this AD), insert the
Revision dated March 30, 2018, into the PAL
750XL AIR 3237 Airplane Flight Manual as
specified in Pacific Aerospace Revision
Instruction Letter, dated March 30, 2018.
(3) For Pacific Aerospace 750XL airplanes
up to serial number 217: Within the next 100
hours time-in-service (TIS) after April 12,
2018 (the effective date of AD 2018–04–09)
or within the next 12 months after April 12,
2018 (the effective date of AD 2018–04–09),
whichever occurs first, replace or modify the
pressure switch for the low oil pressure light
by following the Part A—Accomplishment
Instructions of PAL Mandatory Service
Bulletin (MSB) PACSB/XL/088, dated August
11, 2017.
(4) For Pacific Aerospace 750XL airplanes
up to serial number 217 with a part number
(P/N) INS 60–8 oil pressure/temperature
indicator installed: Within the next 100
hours TIS after April 12, 2018 (the effective
date of AD 2018–04–09) or within the next
12 months after April 12, 2018 (the effective
date of AD 2018–04–09), whichever occurs
first, replace the oil pressure/temperature
indicator with P/N INS 60–15 by following
the Part B—Accomplishment Instructions of
PAL MSB PACSB/XL/088, paragraphs 1)
through 6), dated August 11, 2017.
(g) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
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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
instead be accomplished using a method
approved by the Manager, Small Airplane
Standards Branch, FAA; or the Civil Aviation
Authority of New Zealand (CAA).
(h) Related Information
Refer to CAA MCAI AD No. DCA/750XL/
19A, dated April 26, 2018, for related
information. You may examine the MCAI on
the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2018–0842. 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:
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.
Issued in Kansas City, Missouri, on May
29, 2019.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division,
Aircraft Certification Service.
[FR Doc. 2019–11751 Filed 6–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0326; Product
Identifier 2018–NM–166–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
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AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all The
Boeing Company Model 737–100, –200,
–200C, –300, –400, and –500 series
airplanes. This AD was prompted by
significant changes made to the
airworthiness limitations (AWLs)
related to fuel tank ignition prevention
and the nitrogen generation system.
SUMMARY:
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This AD would require revising the
existing maintenance or inspection
program, as applicable, to include new
or revised AWLs. We are proposing this
AD to address the unsafe condition on
these products.
DATES: We must receive comments on
this proposed AD by July 25, 2019.
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
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: 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 NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740–5600; phone: 562–797–1717;
internet: https://
www.myboeingfleet.com. You may view
this service information at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
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–2019–
0326; 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
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(phone: 800–647–5527) is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Rothman, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3558; email: jeffrey.rothman@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
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section. Include ‘‘Docket No. FAA–
2019–0326; Product Identifier 2018–
NM–166–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM
because of those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this NPRM.
Discussion
The FAA has examined the
underlying safety issues involved in fuel
tank explosions on several large
transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
we issued a final rule titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’’ (66 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, that
rule included Amendment 21–78,
which established Special Federal
Aviation Regulation No. 88 (‘‘SFAR 88’’)
at 14 CFR part 21. Subsequently, SFAR
88 was amended by Amendment 21–82
(67 FR 57490, September 10, 2002;
corrected at 67 FR 70809, November 26,
2002) and Amendment 21–83 (67 FR
72830, December 9, 2002; corrected at
68 FR 37735, June 25, 2003, to change
‘‘21–82’’ to ‘‘21–83’’).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the final rule published on May 7,
2001, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
E:\FR\FM\10JNP1.SGM
10JNP1
]]>Agencies
[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Proposed Rules]
[Pages 26775-26778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11751]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0842; Product Identifier 2018-CE-025-AD]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of the comment period.
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[[Page 26776]]
SUMMARY: We are revising an earlier proposal to supersede Airworthiness
Directive (AD) AD 2018-04-09 for Pacific Aerospace Limited Model 750XL
airplanes. This proposed airworthiness directive (AD) results from
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 incorrectly marked and annunciated low oil-pressure
indication warnings. This SNPRM changes the title of one of the flight
manuals to be revised, so that the revision requirement applies to all
operators, regardless of the issue of their flight manual. Since these
actions may impose an additional burden over those in the notice of
proposed rulemaking (NPRM), we are reopening the comment period to
allow the public the opportunity to comment on these changes.
DATES: We must receive comments on this proposed AD by July 25, 2019.
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 proposed 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: [email protected]; internet:
www.aerospace.co.nz. You may view 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.
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-2017-
0867; 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 listed above. 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.k[email protected].
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-2018-0842;
Product Identifier 2018-CE-025-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 https://www.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 an NPRM to amend 14 CFR part 39 by adding an AD that
would remove AD 2018-04-09, Amendment 39-19205 (83 FR 9793, March 8,
2018) (``AD 2018-04-09'') and add a new AD. AD 2018-04-09 addresses an
unsafe condition on Pacific Aerospace Limited Model 750XL airplanes and
was based on an MCAI originated by the Civil Aviation Authority (CAA),
which is the aviation authority for New Zealand.
The NPRM was published in the Federal Register on October 23, 2018
(83 FR 53409). The NPRM proposed to require revising the Airplane
Flight Manual (AFM) (pilot's operating handbook (POH)) with updated
provisions and clarify that the procedure to modify the oil pressure/
temperature indicator may be performed as an option to replacing the
indicator. The NPRM was based on the CAA's revision its previous MCAI,
CAA AD DCA/750XL/19A, dated April 26, 2018 (referred to after this as
``the MCAI''), to mandate the AFM (POH) revisions and also to include
an option to modify the oil pressure/temperature indicator.
After we issued the NPRM, we discovered an error in the title of
one of the flight manuals to be revised. The NPRM proposed a
requirement for airplanes with Pacific Aerospace Pilot's Operating
Handbook and Civil Aviation Authority of New Zealand Approved Flight
Manual AIR 3237, Issue 2. This SNPRM proposes to change the title,
eliminating the issue level, so that the revision requirement applies
to all operators, regardless of the issue of their flight manual.
Because this change expands the number of operators who would be
required to comply with this requirement, the FAA is reopening the
comment period to provide additional opportunity for public comment.
This SNPRM also includes other editorial changes that do not affect the
required actions.
Related Service Information Under 1 CFR Part 51
We reviewed Pacific Aerospace Temporary Revision Instruction
Letter, dated October 2017, which includes Pacific Aerospace Temporary
Revisions XL/POH/00/001, XL/POH/02/001, and XL/POH/03/001; and Pacific
Aerospace Revision Instruction Letter, dated March 2018, which includes
Pacific Aerospace POH AIR 3237 Revision, dated March 30, 2018, for
750XL airplanes. For the applicable configurations, the service
information includes revisions to the AFM that corrects the incorrect
instrument markings.
We also reviewed Pacific Aerospace Mandatory Service Bulletin
PACSB/XL/088, dated August 11, 2017, which was previously approved for
incorporation by reference on April 12, 2018 (83 FR 9793, March 8,
2018), and describes procedures for replacement or modification of the
low oil-pressure light, pressure switch, and indicator. 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 of the AD.
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 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
[[Page 26777]]
condition exists and is likely to exist or develop on other products of
the same type design.
The change described above expands the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
the proposed AD.
Costs of Compliance
We estimate that this SNPRM will affect 22 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Required parts would cost about $500
per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $14,740, or $670 per product.
Since this supplemental NPRM requires the same actions as AD 2018-
04-09, the costs of compliance remains the same and does not impose any
additional costs on U.S. operators.
There has been no change in the Cost of Compliance section in this
supplemental NPRM.
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 appliances 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
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 removing Airworthiness Directive (AD)
2018-04-09, Amendment 39-19205 (83 FR 9793, March 8, 2018) and adding
the following new AD:
Pacific Aerospace Limited: Docket No. FAA-2018-0842; Product
Identifier 2018-CE-025-AD.
(a) Comments Due Date
We must receive comments by July 25, 2019.
(b) Affected ADs
This AD replaces AD 2018-04-09, Amendment 39-19205 (83 FR 9793,
March 8, 2018) (``AD 2018-04-09'').
(c) Applicability
This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, all serial numbers up to 217, certificated in any
category.
(d) Subject
Air Transport Association of America (ATA) Code 57: Wings.
(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 incorrectly
marked and annunciated low oil-pressure indication warnings. We are
issuing this AD to prevent engine oil pressure from dropping below
safe limits, which could cause possible engine damage or failure.
(f) Actions and Compliance
Unless already done, do the following actions in paragraphs
(f)(1) through (4) of this AD, as applicable:
(1) For airplanes with Pacific Aerospace Pilot's Operating
Handbook and Civil Aviation Authority of New Zealand Approved Flight
Manual AIR 2825 (AIR 2825): Within the next 30 days after July 15,
2019 (the effective date of this AD), insert Pacific Aerospace
Temporary Revisions XL/POH/00/001, XL/POH/02/001 and XL/POH/03/001
into the Pacific Aerospace Limited (PAL) 750XL AIR 2825 Airplane
Flight Manual as specified in Pacific Aerospace Temporary Revision
Instruction Letter, dated October 2017.
(2) For airplanes with Pacific Aerospace Pilot's Operating
Handbook and Civil Aviation Authority of New Zealand Approved Flight
Manual AIR 3237 (AIR 3237): Within the next 30 days after July 15,
2019 (the effective date of this AD), insert the Revision dated
March 30, 2018, into the PAL 750XL AIR 3237 Airplane Flight Manual
as specified in Pacific Aerospace Revision Instruction Letter, dated
March 30, 2018.
(3) For Pacific Aerospace 750XL airplanes up to serial number
217: Within the next 100 hours time-in-service (TIS) after April 12,
2018 (the effective date of AD 2018-04-09) or within the next 12
months after April 12, 2018 (the effective date of AD 2018-04-09),
whichever occurs first, replace or modify the pressure switch for
the low oil pressure light by following the Part A--Accomplishment
Instructions of PAL Mandatory Service Bulletin (MSB) PACSB/XL/088,
dated August 11, 2017.
(4) For Pacific Aerospace 750XL airplanes up to serial number
217 with a part number (P/N) INS 60-8 oil pressure/temperature
indicator installed: Within the next 100 hours TIS after April 12,
2018 (the effective date of AD 2018-04-09) or within the next 12
months after April 12, 2018 (the effective date of AD 2018-04-09),
whichever occurs first, replace the oil pressure/temperature
indicator with P/N INS 60-15 by following the Part B--Accomplishment
Instructions of PAL MSB PACSB/XL/088, paragraphs 1) through 6),
dated August 11, 2017.
(g) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs
[[Page 26778]]
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: [email protected]. 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
instead be accomplished using a method approved by the Manager,
Small Airplane Standards Branch, FAA; or the Civil Aviation
Authority of New Zealand (CAA).
(h) Related Information
Refer to CAA MCAI AD No. DCA/750XL/19A, dated April 26, 2018,
for related information. You may examine the MCAI on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2018-0842. Pacific Aerospace Limited, Airport Road, Hamilton,
Private Bag 3027, Hamilton 3240, New Zealand; telephone: +64 7 843
6144; facsimile: +64 7 843 6134; email: [email protected];
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.
Issued in Kansas City, Missouri, on May 29, 2019.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2019-11751 Filed 6-7-19; 8:45 am]
BILLING CODE 4910-13-P
