Airworthiness Directives; Pacific Aerospace Limited Airplanes, 26775-26778 [2019-11751]

Download as PDF 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. VerDate Sep<11>2014 16:18 Jun 07, 2019 Jkt 247001 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 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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: E:\FR\FM\10JNP1.SGM 10JNP1 26776 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. khammond on DSKBBV9HB2PROD with PROPOSALS 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. VerDate Sep<11>2014 16:18 Jun 07, 2019 Jkt 247001 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 E:\FR\FM\10JNP1.SGM 10JNP1 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. khammond on DSKBBV9HB2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:18 Jun 07, 2019 Jkt 247001 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. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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 E:\FR\FM\10JNP1.SGM 10JNP1 26778 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules 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). khammond on DSKBBV9HB2PROD with PROPOSALS 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: VerDate Sep<11>2014 16:18 Jun 07, 2019 Jkt 247001 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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.

-----------------------------------------------------------------------

[[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