83 FR 15517 - Airworthiness Directives; Pacific Aerospace Limited Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 70 (April 11, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 70 (April 11, 2018)
| Page Range | 15517-15519 | |
| FR Document | 2018-07433 |
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)] [Proposed Rules] [Pages 15517-15519] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07433] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0286; Product Identifier 2018-CE-008-AD] RIN 2120-AA64 Airworthiness Directives; Pacific Aerospace Limited Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain [[Page 15518]] Pacific Aerospace Limited Model 750XL airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as airplane sound insulation materials attached to the aft face of the firewall not complying with the applicable burn testing criteria for materials on the cabin side of the firewall. We are issuing this proposed AD to require actions to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by May 29, 2018. ADDRESSES: You may send comments by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. Fax: (202) 493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: [email protected]; internet: www.aerospace.co.nz. You may review this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. Examining the AD Docket You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018- 0286; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [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-2018-0286; Product Identifier 2018-CE-008-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The Civil Aviation Authority of New Zealand (CAA), has issued DCA/ 750XL/27A, dated March 1, 2018 (referred to after this as ``the MCAI''), to correct an unsafe condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI states: The sound insulation material on the aft face of the firewall must comply with the applicable burn test criteria specified in FAR 23.853(f). Inspect the aft face of the firewall and determine if sound insulation material is installed per the instructions in Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/095 issue 1, dated 21 December 2017, or later approved revision. If a layer of black foam insulating material is found covering the firewall, then remove the material per the instructions in MSB PACSB/XL/095 before further flight. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0286. Related Service Information Under 1 CFR Part 51 Pacific Aerospace Limited has issued Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017. The service information describes procedures for inspection of the airplane sound insulation attached to the aft face of the firewall and removal if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA's Determination and Requirements of the Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Costs of Compliance We estimate that this proposed AD will affect 22 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $1,870, or $85 per product. In addition, we estimate that any necessary follow-on actions would take about 8 work-hours, for a cost of $680 per product. We have no way of determining the number of products that may need these actions. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority. 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. [[Page 15519]] 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 adding the following new AD: Pacific Aerospace Limited: Docket No. FAA-2018-0286; Product Identifier 2018-CE-008-AD. (a) Comments Due Date We must receive comments by May 29, 2018. (b) Affected ADs None. (c) Applicability This AD applies to Pacific Aerospace Limited Model 750XL airplanes, all serial numbers up to and including 215, certificated in any category. (d) Subject Air Transport Association of America (ATA) Code 54: Nacelles/ Pylons. (e) Reason This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as airplane sound insulation materials attached to the aft face of the firewall not complying with the applicable burn testing criteria for materials on the cabin side of the firewall. We are issuing this AD to prevent the spread of fire into the cabin in case of an engine fire. (f) Actions and Compliance Unless already done, do the following actions in paragraphs (f)(1) and (2) of this AD: (1) Within the next 90 days after the effective date of this AD, inspect the aft face of the firewall and determine if the sound insulation material is installed per the Inspection Instructions in Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017. (2) If a layer of black foam insulating material is found covering the firewall during the inspection required in paragraph (f)(1) of this AD, before further flight, remove the material per the Accomplishment Instructions in Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017. (g) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Small Airplane Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329- 4090; email: [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 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 MCAI CAA AD DCA/750XL/27A, dated March 1, 2018; and Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017, for related information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0286. For service information related to this AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: [email protected]; internet: www.aerospace.co.nz. You may review this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. Issued in Kansas City, Missouri, on April 4, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service. [FR Doc. 2018-07433 Filed 4-10-18; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules 15517
• Travel costs to those meetings, if credibility and authority to ensure that they have been selected or determine
participating in person; and needed information is provided and that conducting a negotiated rulemaking
• Preparation time for those meetings. decisions are made in a timely fashion. is inappropriate.
Members serving on the working Negotiated rulemaking can require the The working group is expected to
group will not receive compensation for appointed members to give a significant make a concerted effort to negotiate its
their services. Interested parties who are sustained time commitment for as long first term sheet on test procedures and
not selected for membership on the as the duration of the negotiated its second term sheet on energy
working group may make valuable rulemaking. Other qualities of members conservation standards within six (6)
contributions to this negotiated that can be helpful are negotiating months of its first meeting. The working
rulemaking effort in any of the following experience and skills, familiarity with group’s negotiations will take place
ways: using VRF multi-split systems as a around two discrete tasks. The test
• The person may request to be consumer, and/or sufficient technical procedure term sheet, if completed, is to
placed on the working group mailing knowledge to participate in substantive be approved by the working group and
list and submit written comments as negotiations. transmitted to ASRAC prior to
appropriate. Certain concepts are central to commencement of negotiations
• The person may attend working negotiating in good faith. One is the regarding the energy conservation
group meetings, which are open to the willingness to bring all issues to the standards. At the completion of the
public; caucus with his or her interest’s bargaining table in an attempt to reach negotiations for each discrete tasks, the
member on the working group; or even a consensus, as opposed to keeping key term sheet, if completed, will be
address the working group during the issues in reserve. The second is a presented to ASRAC at an open meeting
public comment portion of the working willingness to keep the issues at the for their deliberation and decision on
group meeting. table and not take them to other forums. whether or not to approve it and submit
• The person could assist the efforts Finally, good faith includes a it to DOE as a formal recommendation.
of a workgroup that the working group willingness to move away from some of DOE will advise working group
might establish. the positions often taken in a more members of administrative matters
A working group may establish
traditional rulemaking process, and related to the functions of the working
informal workgroups, which usually are
instead explore openly with other group before beginning. While the
asked to facilitate committee
parties all ideas that may emerge from negotiated rulemaking process is
deliberations by assisting with various
the working group’s discussions. underway, DOE is committed to
technical matters (e.g., researching or
performing much of the same analysis
preparing summaries of the technical E. Facilitator
as it would during a normal standards
literature or comments on specific The facilitator will act as a neutral in rulemaking process and to providing
matters such as economic issues). the substantive development of the information and technical support to the
Workgroups also might assist in proposed standard. Rather, the working group.
estimating costs or drafting regulatory facilitator’s role generally includes:
text on issues associated with the • Impartially assisting the members of IV. Approval of the Office of the
analysis of the costs and benefits the working group in conducting Secretary
addressed, or formulating drafts of the discussions and negotiations; and The Secretary of Energy has approved
various provisions and their • Impartially assisting in performing publication of this notification of intent.
justifications as previously developed the duties of the Designated Federal
by the working group. Given their Issued in Washington, DC, on April 5,
Official under FACA. 2018.
support function, workgroups usually
consist of participants who have F. Department Representative Kathleen B. Hogan,
expertise or particular interest in the The DOE representative will be a full Deputy Assistant Secretary for Energy
technical matter(s) being studied. and active participant in the consensus Efficiency and Renewable Energy.
Because it recognizes the importance of building negotiations. The Department’s [FR Doc. 2018–07487 Filed 4–10–18; 8:45 am]
this support work for the working representative will meet regularly with BILLING CODE 6450–01–P
group, DOE will provide appropriate senior Department officials, briefing
technical expertise for such workgroups. them on the negotiations and receiving
Such workgroups will provide their their suggestions and advice so that he DEPARTMENT OF TRANSPORTATION
work product and/or recommendations or she can effectively represent the
only to the working group. Department’s views regarding the issues Federal Aviation Administration
before the working group. DOE’s
D. Good Faith Negotiation 14 CFR Part 39
representative also will ensure that the
Every working group member must be entire spectrum of governmental [Docket No. FAA–2018–0286; Product
willing to negotiate in good faith and interests affected by the standards Identifier 2018–CE–008–AD]
have the authority, granted by his or her rulemaking, including the Office of
constituency, to do so. The first step is RIN 2120–AA64
Management and Budget, the Attorney
to ensure that each member has good General, and other Departmental offices,
communications with his or her Airworthiness Directives; Pacific
are kept informed of the negotiations Aerospace Limited Airplanes
constituencies. An intra-interest and encouraged to make their concerns
nshattuck on DSK9F9SC42PROD with PROPOSALS
network of communication should be known in a timely fashion. AGENCY: Federal Aviation
established to bring information from Administration (FAA), Department of
the support organization to the member G. Working Group and Schedule
Transportation (DOT).
at the table, and to take information After evaluating the comments ACTION: Notice of proposed rulemaking
from the table back to the support submitted in response to this (NPRM).
organization. Second, each organization notification of intent and the requests
or coalition therefore should designate for nominations, DOE will either inform SUMMARY: We propose to adopt a new
as its representative a person having the the members of the working group that airworthiness directive (AD) for certain
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![Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules 15519
In accordance with that order, issuance (c) Applicability information. You may examine the MCAI on
of ADs is normally a function of the This AD applies to Pacific Aerospace the internet at http://www.regulations.gov by
Compliance and Airworthiness Limited Model 750XL airplanes, all serial searching for and locating Docket No. FAA–
Division, but during this transition numbers up to and including 215, 2018–0286. For service information related to
certificated in any category. this AD, contact Pacific Aerospace Limited,
period, the Executive Director has Airport Road, Hamilton, Private Bag 3027,
delegated the authority to issue ADs (d) Subject Hamilton 3240, New Zealand; phone: +64
applicable to small airplanes, gliders, Air Transport Association of America 7843 6144; fax: +64 843 6134; email: pacific@
balloons, airships, domestic business jet (ATA) Code 54: Nacelles/Pylons. aerospace.co.nz; internet:
transport airplanes, and associated www.aerospace.co.nz. You may review this
appliances to the Director of the Policy (e) Reason referenced service information at the FAA,
and Innovation Division. This AD was prompted by mandatory Policy and Innovation Division, 901 Locust,
continuing airworthiness information (MCAI) Kansas City, Missouri 64106. For information
Regulatory Findings originated by an aviation authority of another on the availability of this material at the
We determined that this proposed AD country to identify and address an unsafe FAA, call (816) 329–4148.
would not have federalism implications condition on an aviation product. The MCAI Issued in Kansas City, Missouri, on April
describes the unsafe condition as airplane 4, 2018.
under Executive Order 13132. This sound insulation materials attached to the aft
proposed AD would not have a face of the firewall not complying with the Melvin J. Johnson,
substantial direct effect on the States, on applicable burn testing criteria for materials Deputy Director, Policy & Innovation Division,
the relationship between the national on the cabin side of the firewall. We are Aircraft Certification Service.
Government and the States, or on the issuing this AD to prevent the spread of fire [FR Doc. 2018–07433 Filed 4–10–18; 8:45 am]
distribution of power and into the cabin in case of an engine fire. BILLING CODE 4910–13–P
responsibilities among the various (f) Actions and Compliance
levels of government.
Unless already done, do the following
For the reasons discussed above, I DEPARTMENT OF TRANSPORTATION
actions in paragraphs (f)(1) and (2) of this
certify this proposed regulation: AD:
(1) Is not a ‘‘significant regulatory Federal Aviation Administration
(1) Within the next 90 days after the
action’’ under Executive Order 12866, effective date of this AD, inspect the aft face
(2) Is not a ‘‘significant rule’’ under of the firewall and determine if the sound 14 CFR Part 39
the DOT Regulatory Policies and insulation material is installed per the [Docket No. FAA–2017–1206; Product
Procedures (44 FR 11034, February 26, Inspection Instructions in Pacific Aerospace Identifier 2017–NE–42–AD]
1979), Service Bulletin PACSB/XL/095, Issue 1,
(3) Will not affect intrastate aviation dated December 21, 2017. RIN 2120–AA64
in Alaska, and (2) If a layer of black foam insulating
(4) Will not have a significant material is found covering the firewall during Airworthiness Directives; Pratt &
the inspection required in paragraph (f)(1) of Whitney
economic impact, positive or negative, this AD, before further flight, remove the
on a substantial number of small entities material per the Accomplishment AGENCY: Federal Aviation
under the criteria of the Regulatory Instructions in Pacific Aerospace Service Administration (FAA), DOT.
Flexibility Act. Bulletin PACSB/XL/095, Issue 1, dated ACTION: Notice of proposed rulemaking
December 21, 2017. (NPRM).
List of Subjects in 14 CFR Part 39
(g) Other FAA AD Provisions
Air transportation, Aircraft, Aviation SUMMARY: We propose to adopt a new
safety, Incorporation by reference, The following provisions also apply to this
AD:
airworthiness directive (AD) for all Pratt
Safety. & Whitney (PW) PW2037, PW2037M,
(1) Alternative Methods of Compliance
The Proposed Amendment (AMOCs): The Manager, Small Airplane and PW2040 turbofan engines. This
Standards Branch, FAA, has the authority to proposed AD was prompted by an
Accordingly, under the authority approve AMOCs for this AD, if requested uncommanded high thrust event that
delegated to me by the Administrator, using the procedures found in 14 CFR 39.19. occurred during approach on January
the FAA proposes to amend 14 CFR part Send information to ATTN: Mike Kiesov, 16, 2016, and during landing on April
39 as follows: Aerospace Engineer, FAA, Small Airplane 6, 2016. This proposed AD would
Standards Branch, 901 Locust, Room 301, require removal of the metering valve
PART 39—AIRWORTHINESS Kansas City, Missouri 64106; telephone:
DIRECTIVES (816) 329–4144; fax: (816) 329–4090; email:
pilot valve (MVPV) within certain fuel
mike.kiesov@faa.gov. Before using any control units (FCUs) and the MVPV’s
■ 1. The authority citation for part 39 approved AMOC on any airplane to which replacement with a part eligible for
continues to read as follows: the AMOC applies, notify your appropriate installation. We are proposing this AD
Authority: 49 U.S.C. 106(g), 40113, 44701.
principal inspector (PI) in the FAA Flight to address the unsafe condition on these
Standards District Office (FSDO), or lacking products.
§ 39.13 [Amended] a PI, your local FSDO.
DATES: We must receive comments on
(2) Contacting the Manufacturer: For any
■ 2. The FAA amends § 39.13 by adding requirement in this AD to obtain corrective
this proposed AD by May 29, 2018.
the following new AD: actions from a manufacturer, the action must ADDRESSES: You may send comments,
Pacific Aerospace Limited: Docket No. FAA– be accomplished using a method approved using the procedures found in 14 CFR
nshattuck on DSK9F9SC42PROD with PROPOSALS
2018–0286; Product Identifier 2018–CE– by the Manager, Small Airplane Standards 11.43 and 11.45, by any of the following
008–AD. Branch, FAA; or the Civil Aviation Authority methods:
(a) Comments Due Date
of New Zealand (CAA). • Federal eRulemaking Portal: Go to
(h) Related Information http://www.regulations.gov. Follow the
We must receive comments by May 29,
2018. Refer to MCAI CAA AD DCA/750XL/27A, instructions for submitting comments.
dated March 1, 2018; and Pacific Aerospace • Fax: 202–493–2251.
(b) Affected ADs Service Bulletin PACSB/XL/095, Issue 1, • Mail: U.S. Department of
None. dated December 21, 2017, for related Transportation, Docket Operations, M–
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Document Created: 2018-04-10 23:59:32
Document Modified: 2018-04-10 23:59:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by May 29, 2018. | |
| 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: [email protected] | |
| FR Citation | 83 FR 15517 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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