[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Rules and Regulations]
[Page 65387-65389]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no06-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25582; Directorate Identifier 2006-CE-42-AD;
Amendment 39-14813; AD 2006-23-01]
RIN 2120-AA64
Airworthiness Directives; Pilatus Aircraft Ltd. Model PC-7
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain
Pilatus Aircraft Ltd. (Pilatus) Model PC-7 airplanes. This AD requires
you to do repetitive eddy-current, non-destructive inspections of the
nose skin and adjacent structure above the left and right main landing
gear bay and repetitive visual inspections of the forward support
structure of the floor panel for crack damage. If you find any crack
damage, this AD requires you to contact Pilatus to obtain a repair
solution and incorporate the repair. This AD results from mandatory
continuing airworthiness information (MCAI) issued by the airworthiness
authority for Switzerland. We are issuing this AD to detect and correct
cracks in the nose skin and adjacent structure above the left and right
main landing gear bay and in the forward support structure of the floor
panel. Crack propagation in certain areas could lead to failure of the
main wing torsion box, which could result in loss of control.
DATES: This AD becomes effective on December 13, 2006.
As of December 13, 2006, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
ADDRESSES: To get the service information identified in this AD,
contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans,
Switzerland; telephone: +41 41 619 63 19; fax: +41 41 619 6224.
To view the AD docket, go to the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-0001 or on the Internet at http://dms.dot.gov.
The docket number is FAA-2006-25582; Directorate
Identifier 2006-CE-42-AD.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
On September 11, 2006, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to certain Pilatus Model PC-7 airplanes. This proposal was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on September 15, 2006 (71 FR 54441). The NPRM proposed to
require you to do repetitive eddy-current, non-destructive inspections
of the nose skin and adjacent structure above the left and right main
landing gear bay and repetitive visual inspections of the forward
support structure of the floor panel for crack damage. If crack damage
is found, the NPRM proposed to require you to contact Pilatus to obtain
a repair solution and incorporate the repair.
Comments
We provided the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and FAA's response to each comment:
We received one comment from Pilatus Aircraft in favor of the
proposed AD.
[[Page 65388]]
Comment Issue No. 1: Publish the Manufacturer Service Information
Jack Buster with the Modification and Replacement Parts Association
(MARPA) provides comments on the MCAI AD process pertaining to how the
FAA addresses publishing manufacturer service information as part of a
proposed AD action. The commenter states that the proposed rule
attempts to require compliance with a public law by reference to a
private writing (as referenced in paragraph (e) of the proposed AD).
The commenter would like the FAA to incorporate by reference (IBR) the
Pilatus service bulletin.
We agree with Mr. Buster. However, we do not IBR any document in a
proposed AD action, instead we IBR the document in the final rule.
Since we are issuing the proposal as a final rule AD action, Pilatus
PC-7 Service Bulletin No. 57-009, dated January 29, 2004, is
incorporated by reference.
Comment Issue No. 2: Availability of IBR Documents in the Docket
Management System (DMS)
Mr. Buster requests IBR documents be made available to the public
by publication in the Federal Register or in the DMS.
We are currently reviewing issues surrounding the posting of
service bulletins in the Department of Transportation's DMS as part of
the AD docket. Once we have thoroughly examined all aspects of this
issue and have made a final determination, we will consider whether our
current practice needs to be revised.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Differences Between the FOCA AD, the Service Information, and This AD
The FOCA AD HB-2006-374, effective date August 2, 2006, allows
continued flight if cracks are found in the nose skin that do not
exceed certain limits. The applicable service bulletin specifies repair
of the nose skin only if cracks are found exceeding limits illustrated
in Pilatus PC-7 Service Bulletin No. 57-009, dated January 29, 2004, as
does FOCA AD HB-2006-374, effective date August 2, 2006. This AD does
not allow continued flight if any crack is found. The FAA policy is to
disallow airplane operation when known cracks exist in primary
structure, unless the ability to sustain ultimate load with these
cracks is proven. The nose skin is considered primary structure, and
the FAA has not received any analysis to prove that ultimate load can
be sustained with cracks in this area.
The requirements of this AD take precedence over the provisions in
the service information.
Costs of Compliance
We estimate that this AD affects 10 airplanes in the U.S. registry.
We estimate the following costs to accomplish the inspection:
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Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
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3 work-hours x $80 per hour = $240............ No parts required............... $240 $2,400
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Any required ``upon-condition'' repairs will vary depending upon
the damage found. Based on this, we have no way of determining the
potential repair costs for each airplane or the number of airplanes
that will need the repairs based on the result of the inspections.
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 AD.
Regulatory Findings
We have 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:
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); and
3. 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.
We prepared a summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2006-25582; Directorate Identifier 2006-CE-42-AD'' in your
request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2006-23-01 Pilatus Aircraft Ltd.: Amendment 39-14813; Docket No.
FAA-2006-25582; Directorate Identifier 2006-CE-42-AD.
[[Page 65389]]
Effective Date
(a) This AD becomes effective on December 13, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model PC-7 airplanes, manufacturer serial
numbers 101 through 618 inclusive, that are certificated in any
category.
Unsafe Condition
(d) This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for
Switzerland. The actions specified in this AD are intended to detect
and correct cracks in the nose skin and adjacent structure above the
left and right main landing gear bay and in the forward support
structure of the floor panel. Crack propagation in certain areas
could lead to failure of the main wing torsion box. This failure
could result in loss of control.
Compliance
(e) To address this problem, you must do the following:
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Actions Compliance Procedures
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(1) Inspect:
(i) The forward area of Initially inspect Do the initial
the floor panel and the within the next 150 inspection
related structure for hours time-in- following Pilatus
cracks using magnified, service or 6 PC-7 Service
visual methods. calendar months, Bulletin No. 57-
(ii) The nose skin and whichever occurs 009, dated January
adjacent structure first, after 29, 2004. Do the
above the left and December 13, 2006 repetitive
right main landing gear (the effective date inspections
bay for cracks using of this AD), unless following the
eddy-current, non- already done. procedures in AMM
destructive methods. Repetitively 57-10-03, dated
inspect thereafter March 4, 2005, and
at intervals AMM 05-30-05, dated
specified in February 28, 2006.
paragraph 2.B. of
Pilatus PC-7
Aircraft
Maintenance Manual
(AMM) 05-10-00,
dated March 4, 2005.
(2) If crack damage is found Before further Obtain an FAA-
during any inspection flight after any approved repair
required by paragraph inspection in which solution from the
(e)(1) of this AD, obtain crack damage is manufacturer
an FAA-approved repair found. Further through the FAA at
solution from the flight with crack the address
manufacturer through the damage is not specified in
FAA at the address permitted. After paragraph (f) of
specified in paragraph (f) incorporating the this AD and
of this AD and incorporate repair, incorporate the
the repair. repetitively repair.
inspect as
specified in
paragraph (e)(1) of
this AD.
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Alternative Methods of Compliance (AMOCs)
(f) The Manager, Standards Staff, FAA, Small Airplane
Directorate, Attn: Doug Rudolph, Aerospace Engineer, 901 Locust,
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059;
fax: (816) 329-4090, has the authority to approve AMOCs for this AD,
if requested using the procedures found in 14 CFR 39.19.
Related Information
(g) The Federal Office for Civil Aviation Swiss AD HB-2006-374,
effective date August 2, 2006, also addresses the subject of this
AD.
Material Incorporated by Reference
(h) You must use Pilatus PC-7 Service Bulletin No. 57-009, dated
January 29, 2004, to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans,
Switzerland; telephone: +41 41 619 63 19; fax: +41 41 619 6224.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Kansas City, Missouri, on October 26, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-18734 Filed 11-7-06; 8:45 am]
BILLING CODE 4910-13-P