Airworthiness Directives; Pacific Aerospace Limited Airplanes, 49947-49949 [2020-17865]
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Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Rules and Regulations
(l) WSK PZL Mielec and OBR SK Mielec
Model PZL M20 03 airplanes;
(li) W.Z.D. Enterprises Inc. (type certificate
previously held by JGS Properties, LLC)
Model 11A and 11E airplanes;
(lii) Zenair Ltd. Model CH2000 airplanes;
and
(liii) Zlin Aircraft a.s. (type certificate
previously held by Moravan a.s.) Model Z–
143L and Z–242L airplanes.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 3410, FLIGHT ENVIRONMENT DATA;
3420, ATTITUDE AND DIRECTION DATA
SYSTEM.
(e) Unsafe Condition
This AD was prompted by an automatic
reset occurring when the display internal
monitor detects a potential fault causing
intermittent loss of airspeed, attitude, and
altitude information during flight. The FAA
is issuing this AD to address the software
interacting with a graphics processing chip
defect. The unsafe condition, if not
addressed, could result in intermittent loss of
airspeed, attitude, and altitude information
during flight with consequent loss of airplane
control.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Fort Worth ACO Branch,
FAA, 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 paragraph (j).
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
Jkt 250001
[FR Doc. 2020–17902 Filed 8–14–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0717; Product
Identifier 2019–CE–038–AD; Amendment
39–21196; AD 2020–16–12]
RIN 2120–AA64
Airworthiness Directives; Pacific
Aerospace Limited Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
(h) Special Flight Permit
Special flight permits are prohibited.
16:18 Aug 14, 2020
Issued on August 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
AGENCY:
(g) Required Actions
(1) Before further flight, revise the
limitations section of the airplane flight
manual (AFM) for your airplane by inserting
a copy of this AD or by making a pen and
ink change to add: ‘‘Operation under
Instrument Flight Rules (IFR) or night Visual
Flight Rules (VFR) is prohibited.’’
(2) The action required by paragraph (g)(1)
of this AD may be performed by the owner/
operator (pilot) holding at least a private pilot
certificate and must be entered into the
aircraft records showing compliance with
this AD in accordance with 14 CFR 43.9(a)(1)
through (4) and 14 CFR 91.417(a)(2)(v). The
record must be maintained as required by 14
CFR 91.417. This authority is not applicable
to aircraft being operated under 14 CFR part
119.
VerDate Sep<11>2014
(j) Related Information
For more information about this AD,
contact Mahmood Shah, Aerospace Engineer,
Fort Worth ACO Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
phone: 817–222–5133; fax: 817–222–5960;
email: mahmood.shah@faa.gov.
The FAA is adopting a new
airworthiness directive (AD) for Pacific
Aerospace Limited Model 750XL
airplanes. This AD results from
mandatory continuing airworthiness
information (MCAI) issued by the
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The MCAI
describes the unsafe condition as
inadvertent fuel shut-off to the engine
during the operation of the flaps due to
the fuel and flap control levers being
located too closely together. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 8,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of September 8, 2020.
The FAA must receive comments on
this AD by October 1, 2020.
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.
SUMMARY:
PO 00000
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49947
• 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 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:
https://www.aerospace.co.nz. You may
view this referenced service information
at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106.
For information on the availability of
this material at the FAA, call (816) 329–
4148. It is also available on the internet
at https://www.regulations.gov by
searching for Docket No. FAA–2020–
0717.
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–2020–
0717; 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 AD, the
regulatory evaluation, 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, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section,
International Validation Branch, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4144; fax: (816) 329–4090; email:
mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The Civil Aviation Authority (CAA),
which is the aviation authority for New
Zealand, has issued AD DCA/750XL/39,
dated September 5, 2019 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for Pacific Aerospace
Limited Model 750XL airplanes. The
MCAI states:
DCA/750XL/39 with effective date 5
September 2019 is prompted by the findings
of an accident investigation. The report
recommended that an effective lock
mechanism should be introduced for the fuel
condition lever in order to prevent
inadvertent fuel shut-off to the engine during
the operation of the flaps, as the fuel and flap
control levers are closely located.
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49948
Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Rules and Regulations
Pacific Aerospace Mandatory Service
Bulletin (MSB) PACSB/XL/111 issue 1, dated
18 June 2019 introduces a fuel condition
lever inspection and instructions to adjust
the position of the fuel condition lever to
ensure it rests against the left hand side of
the control guide slot when selected to the
ground idle position.
You may examine the MCAI on the
internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–0717.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Pacific Aerospace
Mandatory Service Bulletin PACSB/XL/
111, Issue 1, dated June 18, 2019. The
service information contains procedures
for inspecting and adjusting the position
of the fuel condition lever relative to the
control guide, which assists in
prevention of inadvertent movement of
the power lever into the cutoff position
if ground idle is selected. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination and Requirements
of the 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, it has notified the
FAA of the unsafe condition described
in the MCAI and service information
referenced above. The FAA is issuing
this AD because it evaluated all
information provided by the State of
Design Authority and determined the
unsafe condition exists and is likely to
exist or develop on other products of the
same type design.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because of several reported engine
failures on these airplanes due to
inadvertent movement of the power
lever into the cutoff position if ground
idle is selected. Engine failure could
result in loss of airplane control. The
risk assessment received by the FAA,
and reconfirmed in July of 2020,
indicates that urgent action is required.
Therefore, the FAA finds good cause
that notice and opportunity for prior
public comment are impracticable. In
addition, for the reason stated above, the
VerDate Sep<11>2014
16:18 Aug 14, 2020
Jkt 250001
FAA finds that good cause exists for
making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment.
However, the FAA invites you to send
any written data, views, or arguments
about this final rule. Send your
comments to an address listed under the
ADDRESSES section. Include the Docket
Number FAA–2020–0717 and Product
Identifier 2019–CE–038–AD at the
beginning of your comments. The FAA
will consider all comments received by
the closing date and may amend this
final rule because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact we receive about this final rule.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Mike Kiesov,
Aerospace Engineer, FAA, Small
Airplane Standards Branch, 901 Locust,
Room 301, Kansas City, Missouri 64106.
Any commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Costs of Compliance
The FAA estimates that this AD will
affect 22 products of U.S. registry. The
FAA also estimates that it will take 1
work-hour per product to comply with
the inspection requirement of this AD.
The average labor rate is $85 per workhour.
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Based on these figures, the FAA
estimates the cost of this AD on U.S.
operators to be $1,870, or $85 per
product.
In addition, the FAA estimates that
any necessary follow-on actions will
take 4 work-hours and require parts
costing $20, for a cost of $360 per
product. The FAA has no way of
determining the number of products
that may need these actions.
According to the manufacturer, some
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected individuals. The
FAA does not control warranty coverage
for affected individuals. As a result, the
FAA has included all costs in our cost
estimate.
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 Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
prior notice and comment. Because FAA
has determined that it has good cause to
adopt this rule without notice and
comment, RFA analysis is not required.
Regulatory Findings
The FAA determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
E:\FR\FM\17AUR1.SGM
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Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Rules and Regulations
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
adjust the fuel condition level position by
following the Accomplishment Instructions,
paragraph 2(3), of MSB PACSB/XL/111.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Manager, Small Airplane General
Aviation & Rotorcraft Section, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Mike Kiesov,
Aerospace Engineer, FAA, General Aviation
& Rotorcraft Section, International Validation
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.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
(h) Related Information
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2020–16–12 Pacific Aerospace Limited:
Amendment 39–21196; Docket No.
FAA–2020–0717; Product Identifier
2019–CE–038–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective September 8, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Pacific Aerospace
Limited Model 750XL airplanes, serial
numbers 101 through 216, 220, 8001, and
8002, certificated in any category.
(d) Subject
Air Transport Association of America
(ATA) Code 76: Engine Controls.
(e) Reason
This AD was prompted by inadvertent fuel
shut-off to the engine during the operation of
the flaps, due to the fuel and flap control
levers being located too closely together. The
FAA is issuing this AD to adjust the position
of the fuel condition lever relative to the
control guide, which will prevent inadvertent
movement of the power lever into the cutoff
position if ground idle is selected and result
in engine failure and loss of airplane control.
(f) Actions and Compliance
Unless already done, within the next 30
days after September 8, 2020 (the effective
date of this AD), inspect the position of the
fuel condition lever by following the
Accomplishment Instructions, paragraph
2(1), of Pacific Aerospace Mandatory Service
Bulletin PACSB/XL/111, Issue 1, dated June
18, 2019 (MSB PACSB/XL/111). If the fuel
condition lever is not positioned against the
left side of the control guide slot in the
ground idle position, before further flight,
VerDate Sep<11>2014
16:18 Aug 14, 2020
(g) Alternative Methods of Compliance
(AMOCs)
Jkt 250001
Refer to mandatory continuing
airworthiness information (MCAI) CAA AD
No. DCA/750XL/39, dated September 5,
2019, for related information. You may
examine the MCAI on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2020–0717.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Pacific Aerospace Mandatory Service
Bulletin PACSB/XL/111, Issue 1, dated June
18, 2019.
(ii) [Reserved]
(3) For Pacific Aerospace Limited service
information identified in this AD, contact
Pacific Aerospace Limited, Airport Road,
Hamilton, Private Bag 3027, Hamilton 3240,
New Zealand; phone: +64 7843 6144; fax:
+64 7843 6134; email: pacific@
aerospace.co.nz; internet: https://
www.aerospace.co.nz.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, Missouri 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148. It is also available
on the internet at https://
www.regulations.gov by searching for
locating Docket No. FAA–2020–0717.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
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49949
Issued on August 5, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–17865 Filed 8–14–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0716; Product
Identifier 2019–CE–009–AD; Amendment
39–21191; AD 2020–16–07]
RIN 2120–AA64
Airworthiness Directives; Pacific
Aerospace Limited Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for Pacific
Aerospace Limited Model 750XL
airplanes. This AD results from
mandatory continuing airworthiness
information (MCAI) issued by the
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The MCAI
identifies the unsafe condition as nose
landing gear (NLG) and main landing
gear (MLG) attachment bolts without
dual retaining devices. The FAA is
issuing this AD to require actions to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective September 8,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of September 8, 2020.
The FAA must receive comments on
this AD by October 1, 2020.
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.
DATES:
E:\FR\FM\17AUR1.SGM
17AUR1
]]>Agencies
[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Rules and Regulations]
[Pages 49947-49949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17865]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0717; Product Identifier 2019-CE-038-AD; Amendment
39-21196; AD 2020-16-12]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Pacific Aerospace Limited Model 750XL airplanes. This AD results from
mandatory continuing airworthiness information (MCAI) issued by the
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as inadvertent fuel shut-off to the engine during the
operation of the flaps due to the fuel and flap control levers being
located too closely together. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective September 8, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 8,
2020.
The FAA must receive comments on this AD by October 1, 2020.
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 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: https://www.aerospace.co.nz. You may view this referenced service information
at the FAA, Airworthiness Products Section, Operational Safety Branch,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call (816) 329-4148. It is
also available on the internet at https://www.regulations.gov by
searching for Docket No. FAA-2020-0717.
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-2020-
0717; 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 AD, the regulatory evaluation, 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, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section, International Validation Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4144; fax: (816) 329-4090; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/750XL/39, dated September 5, 2019
(referred to after this as ``the MCAI''), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI
states:
DCA/750XL/39 with effective date 5 September 2019 is prompted by
the findings of an accident investigation. The report recommended
that an effective lock mechanism should be introduced for the fuel
condition lever in order to prevent inadvertent fuel shut-off to the
engine during the operation of the flaps, as the fuel and flap
control levers are closely located.
[[Page 49948]]
Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/111
issue 1, dated 18 June 2019 introduces a fuel condition lever
inspection and instructions to adjust the position of the fuel
condition lever to ensure it rests against the left hand side of the
control guide slot when selected to the ground idle position.
You may examine the MCAI on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0717.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Pacific Aerospace Mandatory Service Bulletin
PACSB/XL/111, Issue 1, dated June 18, 2019. The service information
contains procedures for inspecting and adjusting the position of the
fuel condition lever relative to the control guide, which assists in
prevention of inadvertent movement of the power lever into the cutoff
position if ground idle is selected. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
FAA's Determination and Requirements of the 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, it has
notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this AD
because it evaluated all information provided by the State of Design
Authority and determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
several reported engine failures on these airplanes due to inadvertent
movement of the power lever into the cutoff position if ground idle is
selected. Engine failure could result in loss of airplane control. The
risk assessment received by the FAA, and reconfirmed in July of 2020,
indicates that urgent action is required. Therefore, the FAA finds good
cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reason stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the Docket Number FAA-2020-
0717 and Product Identifier 2019-CE-038-AD at the beginning of your
comments. The FAA will consider all comments received by the closing
date and may amend this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact we receive about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Mike
Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901
Locust, Room 301, Kansas City, Missouri 64106. Any commentary that the
FAA receives which is not specifically designated as CBI will be placed
in the public docket for this rulemaking.
Costs of Compliance
The FAA estimates that this AD will affect 22 products of U.S.
registry. The FAA also estimates that it will take 1 work-hour per
product to comply with the inspection requirement of this AD. The
average labor rate is $85 per work-hour.
Based on these figures, the FAA estimates the cost of this AD on
U.S. operators to be $1,870, or $85 per product.
In addition, the FAA estimates that any necessary follow-on actions
will take 4 work-hours and require parts costing $20, for a cost of
$360 per product. The FAA has no way of determining the number of
products that may need these actions.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in our cost
estimate.
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 Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Regulatory Findings
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
[[Page 49949]]
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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:
2020-16-12 Pacific Aerospace Limited: Amendment 39-21196; Docket No.
FAA-2020-0717; Product Identifier 2019-CE-038-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective September 8,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, serial numbers 101 through 216, 220, 8001, and 8002,
certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 76: Engine
Controls.
(e) Reason
This AD was prompted by inadvertent fuel shut-off to the engine
during the operation of the flaps, due to the fuel and flap control
levers being located too closely together. The FAA is issuing this
AD to adjust the position of the fuel condition lever relative to
the control guide, which will prevent inadvertent movement of the
power lever into the cutoff position if ground idle is selected and
result in engine failure and loss of airplane control.
(f) Actions and Compliance
Unless already done, within the next 30 days after September 8,
2020 (the effective date of this AD), inspect the position of the
fuel condition lever by following the Accomplishment Instructions,
paragraph 2(1), of Pacific Aerospace Mandatory Service Bulletin
PACSB/XL/111, Issue 1, dated June 18, 2019 (MSB PACSB/XL/111). If
the fuel condition lever is not positioned against the left side of
the control guide slot in the ground idle position, before further
flight, adjust the fuel condition level position by following the
Accomplishment Instructions, paragraph 2(3), of MSB PACSB/XL/111.
(g) Alternative Methods of Compliance (AMOCs)
The Manager, Small Airplane General Aviation & Rotorcraft
Section, International Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Mike Kiesov, Aerospace
Engineer, FAA, General Aviation & Rotorcraft Section, International
Validation 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.
(h) Related Information
Refer to mandatory continuing airworthiness information (MCAI)
CAA AD No. DCA/750XL/39, dated September 5, 2019, for related
information. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0717.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Pacific Aerospace Mandatory Service Bulletin PACSB/XL/111,
Issue 1, dated June 18, 2019.
(ii) [Reserved]
(3) For Pacific Aerospace Limited service information identified
in this AD, contact Pacific Aerospace Limited, Airport Road,
Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64
7843 6144; fax: +64 7843 6134; email: [email protected];
internet: https://www.aerospace.co.nz.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call (816) 329-4148. It is
also available on the internet at https://www.regulations.gov by
searching for locating Docket No. FAA-2020-0717.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 5, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-17865 Filed 8-14-20; 8:45 am]
BILLING CODE 4910-13-P
