Federal Register, Volume 75 Issue 194 (Thursday, October 7, 2010)

[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Proposed Rules]
[Pages 62002-62004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25288]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1011; Directorate Identifier 2010-CE-047-AD]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-6, PC-
6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, 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

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. 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:

The current Aircraft Maintenance Manual (AMM) of PC-6 B2-H2 and
B2-H4 models does not include a Chapter 04 in the Airworthiness
Limitations Section (ALS). For PC-6 models other than B2-H2 and B2-
H4, no ALS at all is included in the AMM.
With the latest Revision 12 of the AMM, a new Chapter 04 has
been introduced in the AMM for PC-6 B2-H2 and B2-H4 models.
For PC-6 models other than B2-H2 and B2-H4, a new ALS document
has been implemented as well.
These documents include the Mandatory Continuing Airworthiness
Information (MCAI) which are maintenance requirements and/or
airworthiness limitations developed by Pilatus Aircraft Ltd and
approved by

[[Page 62003]]

EASA. Failure to comply with these MCAI constitutes an unsafe
condition.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 22,
2010.

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 proposed 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, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090.

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-2010-1011;
Directorate Identifier 2010-CE-047-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

On August 8, 2005, we issued AD 2005-17-01, Amendment 39-14221 (70
FR 47716; August 15, 2005). This AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2005-17-01, Pilatus has updated their
maintenance programs with new requirements and limitations. The AMM
revisions proposed in this AD action include the repetitive inspections
for the wing strut fittings and the spherical bearings currently
included in AD 2009-18-03. We are also proposing to remove those
repetitive inspections from AD 2009-18-03.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2010-0176, dated August 20, 2010 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

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

Relevant Service Information

Pilatus Aircraft Limited has issued Pilatus PC-6 Aircraft
Maintenance Manual (AMM) Chapter 04-00-00, Revision 12, Document 01975,
dated May 14, 2010, for Models PC-6 B2-H2 and B2-H4 airplanes, and
Pilatus PC-6 Airworthiness Limitations Section (ALS) document No.
02334, revision 1, dated May 14, 2010, for all other Model PC-6
airplanes. 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 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.

Differences Between This Proposed 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.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

We estimate that this proposed AD will affect 50 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 $4,250, or $85 per product.
In addition, we estimate that any necessary follow-on actions based
on maintenance requirements for the wing strut fittings and the
spherical bearings following the Aircraft Maintenance Manual and the
Airworthiness Limitations Section would take about 40 work-hours and
require parts costing $12,000, for a cost of $15,400 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

[[Page 62004]]

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 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); 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 proposed 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.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by removing Amendment 39-14221 (70 FR
47716; August 15, 2005), and adding the following new AD:

Pilatus Aircraft Ltd.: Docket No. FAA-2010-1011; Directorate
Identifier 2010-CE-047-AD.

Comments Due Date

(a) We must receive comments by November 22, 2010.

Affected ADs

(b) This AD supersedes AD 2005-17-01, Amendment 39-14221.

Applicability

(c) This AD applies to Pilatus Aircraft Ltd. Models PC-6, PC-6-
H1, PC-6-H2, PC-6/350, PC-6/350-H1, 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, all manufacturer serial number (MSN), and
MSN 2001 through 2092, certificated in any category. These airplanes
are also identified as Fairchild Republic Company PC-6 airplanes,
Fairchild Industries 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 5: Time
Limits.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
The current Aircraft Maintenance Manual (AMM) of PC-6 B2-H2 and
B2-H4 models does not include a Chapter 04 in the Airworthiness
Limitations Section (ALS). For PC-6 models other than B2-H2 and B2-
H4, no ALS at all is included in the AMM.
With the latest Revision 12 of the AMM, a new Chapter 04 has
been introduced in the AMM for PC-6 B2-H2 and B2-H4 models.
For PC-6 models other than B2-H2 and B2-H4, a new ALS document
has been implemented as well.
These documents include the Mandatory Continuing Airworthiness
Information (MCAI) which are maintenance requirements and/or
airworthiness limitations developed by Pilatus Aircraft Ltd and
approved by EASA. Failure to comply with these MCAI constitutes an
unsafe condition.
For the reasons described above, this MCAI requires the
implementation and the compliance with these new maintenance
requirements and/or airworthiness limitations documents.

Actions and Compliance

(f) Unless already done, before further flight after the
effective date of this AD, incorporate the maintenance requirements
as specified in Pilatus PC-6 AMM Chapter 04-00-00, Revision 12,
Document Number 01975, dated May 14, 2010; and incorporate the
Pilatus PC-6 ALS Document Number 02334, Revision 1, dated May 14,
2010, into your FAA-accepted maintenance program.

Note 1: The AMM revisions proposed in this AD action include
the repetitive inspections for the wing strut fittings and the
spherical bearings currently included in AD 2009-18-03. We are also
proposing to remove those repetitive inspections from AD 2009-18-03,
through a revision in another NPRM, Docket No. FAA-2009-0622.

FAA AD Differences

Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

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.

Related Information

(h) Refer to MCAI EASA AD No.: 2010-0176, dated August 20, 2010;
and Pilatus PC-6 AMM Chapter 04-00-00, Revision 12, Document Number
01975, Revision 12, dated May 14, 2010; or in the Pilatus PC-6 ALS
Document Number 02334, Revision 1, dated May 14, 2010, for related
information.

Issued in Kansas City, Missouri, on September 30, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-25288 Filed 10-6-10; 8:45 am]
BILLING CODE 4910-13-P