Federal Register, Volume 73 Issue 147 (Wednesday, July 30, 2008)

[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Rules and Regulations]
[Pages 44145-44147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17331]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0822; Directorate Identifier 2008-CE-045-AD;
Amendment 39-15621; AD 2008-16-03]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Model PC-6 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. 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:

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective August 11, 2008.
On August 11, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
We must receive comments on this AD by August 29, 2008.

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.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
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
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

The Federal Office of Civil Aviation (FOCA), which is the aviation
authority for Switzerland, has issued FOCA EMERGENCY AD HB-2008-242

[[Page 44146]]

(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

This Airworthiness Directive (AD) is prompted due to the
discovery of cracked or broken leaf springs P/N 6232.0175.01
installed in the overhead flap-operating mechanism of some PC-6
aircraft. A broken leaf spring could lead to an uncommanded flap
retraction which could lead to hazardous situations and subsequent
loss of control of the aircraft.
This AD is published by Federal Office of Civil Aviation (FOCA)
Switzerland, as State of production and because it is possible that
the leaf springs were not manufactured properly.
In order to correct and control the situation, this AD requires
the initial and repetitive inspections of the leaf springs in the
flap operating mechanism and the replacement of broken parts.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

Pilatus Aircraft Limited has issued Pilatus PC-6 Service Bulletin
No. 27-002 and Pilatus PC-6 Service Bulletin 27-003, both dated July 2,
2008. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

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, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
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.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
The MCAI allows for replacement parts with like parts that are
prone to cracking. The reason for the 25-hour repetitive inspection is
because the cracks are occurring quickly. We believe that allowing
replacement with the same part numbers that are cracking when improved
design part numbers exist allows the unsafe condition to continue.
Therefore we are requiring replacement with the new improved part
numbers if cracks are found.

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 a
broken leaf spring could lead to an uncommanded flap retraction and
lead to loss of control during final approach. Therefore, we determined
that notice and opportunity for public comment before issuing this AD
are impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2008-0822; Directorate
Identifier 2008-CE-045-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

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.

Regulatory Findings

We 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 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 regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

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 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 AD:

2008-16-03 Pilatus Aircraft Limited: Amendment 39-15621; Docket No.
FAA-2008-0822; Directorate Identifier 2008-CE-045-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective August
11, 2008.

Affected ADs

(b) None.

Applicability

[[Page 44147]]

PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2,
PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes,
manufacturer serial numbers (MSN) MSN 101 through MSN 999 and MSN
2001 through MSN 2092, certificated in any category, with
mechanically operated flaps and leaf springs, part number (P/N)
6232.0175.01 installed in the overhead flap-operating mechanism.

Note: These airplanes may also be identified as Fairchild
Republic Company PC-6 airplanes, Fairchild Heli Porter PC-6
airplanes, or Fairchild-Hiller Corporation PC-6 airplanes.

Subject

(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
This Airworthiness Directive (AD) is prompted due to the
discovery of cracked or broken leaf springs P/N 6232.0175.01
installed in the overhead flap-operating mechanism of some PC-6
aircraft. A broken leaf spring could lead to an uncommanded flap
retraction which could lead to hazardous situations and subsequent
loss of control of the aircraft.
This AD is published by Federal Office of Civil Aviation (FOCA)
Switzerland, as State of production and because it is possible that
the leaf springs were not manufactured properly.
In order to correct and control the situation, this AD requires
the initial and repetitive inspections of the leaf springs in the
flap operating mechanism and the replacement of broken parts.

Actions and Compliance

(f) Unless already done, do the following actions:
(1) Before the next flight after the effective date of this AD,
do a visual inspection of the leaf springs installed in the overhead
flap-operating mechanism for cracks following Pilatus Aircraft Ltd.
Pilatus PC-6 Service Bulletin No. 27-002, dated July 2, 2008.
(2) If any cracks are found in the leaf springs installed in the
overhead flap-operating mechanism, before further flight, remove the
three leaf springs, P/N 6232.0175.01, installed in the overhead
flap-operating mechanism, and replace with three new leaf springs,
P/N 116.45.06.040, in the overhead flap-operating mechanism
following Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin No.
27-003, dated July 2, 2008.
(3) Repetitively inspect thereafter at intervals not to exceed
25 hours time-in-service following Pilatus Aircraft Ltd. Pilatus PC-
6 Service Bulletin No. 27-002, dated July 2, 2008, until the
modification required in paragraph (f)(2) of this AD is done. If any
cracks are found in the leaf springs installed in the overhead flap-
operating mechanism, before further flight, remove the three leaf
springs, P/N 6232.0175.01, and replace with three new leaf springs,
P/N 116.45.06.040, following Pilatus Aircraft Ltd. Pilatus PC-6
Service Bulletin No. 27-003, dated July 2, 2008.
(4) As of the effective date of this AD, do not install any P/N
6232.0175.01 leaf spring in the overhead flap-operating mechanism.

Other FAA AD Provisions

(g) 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 for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090. 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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Special Flight Permit

(h) If cracks are detected during the inspection required in
(f)(1) or (f)(3) of this AD, no further flight is permitted until
the modification required in paragraph (f)(2) or (f)(3) of this AD
is done.

Related Information

(i) Refer to MCAI FOCA EMERGENCY AD HB-2008-242, dated July 4,
2008, and Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin No.
27-002 and Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin 27-
003, both dated July 2, 2008, for related information.

Material Incorporated by Reference

(j) You must use Pilatus Aircraft Ltd. Pilatus PC-6 Service
Bulletin No. 27-002 and Pilatus Aircraft Ltd. Pilatus PC-6 Service
Bulletin 27-003, both dated July 2, 2008 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 (0)41 619 6580; fax: + 41 (0)41 619
6576; e-mail: fodermatt@pilatus aircaft.com.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, 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/cfr/ibr-locations.html.

Issued in Kansas City, Missouri, on July 23, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-17331 Filed 7-29-08; 8:45 am]
BILLING CODE 4910-13-P