[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Proposed Rules]
[Pages 63336-63338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24323]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / 
Proposed Rules

[[Page 63336]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA 2004-19221; Directorate Identifier 2004-CE-28-AD]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12 and 
PC-12/45 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Pilatus Aircraft Ltd. (Pilatus) Models PC-12 and PC-12/45 
airplanes. This proposed AD would require you to check the airplane 
logbook to determine whether any main landing gear (MLG) actuator (part 
number (P/N) 960.30.01.103) with serial numbers (SNs) 830E through 881E 
is installed. If any MLG actuator with one of these SNs is installed, 
you are required to replace the MLG actuator with a P/N 960.30.01.103 
actuator that has a SN other than 830E through 881E. The pilot is 
allowed to do the logbook check. If the pilot can positively determine 
that no MLG actuator with one of these SNs is installed, no further 
action is required. This proposed AD results from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Switzerland. We are issuing this proposed AD to prevent failure of 
the MLG actuator, which could result in loss of hydraulic extension/
retraction of the MLG. This failure could lead to loss of control 
during ground operations.

DATES: We must receive any comments on this proposed AD by December 3, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans, 
Switzerland; telephone: +41 41 619 6208; facsimile: +41 41 619 7311; e-
mail: <a href="/cdn-cgi/l/email-protection#ecbf999c9c839e98bcafdddeac9c85808d98999fc1d08dcc849e898ad1" http: aircraft.com">aircraft.com</a>">SupportPC12@pilatus-aircraft.com</a> or from Pilatus Business 
Aircraft Ltd., Product Support Department, 11755 Airport Way, 
Broomfield, Colorado 80021; telephone: (303) 465-9099; facsimile: (303) 
465-6040.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number FAA 2004-19221.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA 2004-19221; Directorate Identifier 2004-CE-28-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA 2004-19221. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    What events have caused this proposed AD? The Federal Office for 
Civil Aviation FOCA, which is the airworthiness authority for 
Switzerland, recently notified FAA that an unsafe condition may exist 
on all Pilatus Aircraft Ltd. (Pilatus) Models PC-12 and PC-12/45 
airplanes. The FOCA reports that some components of MLG actuators (part 
number (P/N) 960.30.01.103 with serial numbers (SNs) 830E through 881E) 
were incorrectly heat treated during manufacture. Components in this 
condition can decrease the specified fatigue life of the actuators.
    It is possible that these components could have been removed and 
then

[[Page 63337]]

installed in other Pilatus Models PC-12 and PC-12/45 airplanes.
    What is the potential impact if FAA took no action? Failure of the 
MLG actuator could result in loss of hydraulic extension/retraction of 
the MLG. This failure could lead to loss of control during ground 
operations.
    Is there service information that applies to this subject? Pilatus 
has issued Pilatus PC-12 Service Bulletin No. 32-017, dated August 3, 
2004.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Checking the airplane logbook to ensure that no MLG actuator (P/N 
960.30.01.103) with SNs 830E through 881E is installed;
--Inspecting for any MLG actuator (P/N 960.30.01.103) with SN 830E 
through 881E; and
--Replacing any MLG actuator with a P/N 960.30.01.103 actuator that has 
a SN other than 830E through 881E.

    What action did the FOCA take? The FOCA classified this service 
bulletin as mandatory and issued Swiss AD Number HB 2004-330, dated 
August 18, 2004, to ensure the continued airworthiness of these 
airplanes in Switzerland.
    Did the FOCA inform the United States under the bilateral 
airworthiness agreement? These Pilatus Models PC-12 and PC-12/45 
airplanes are manufactured in Switzerland and are type-certificated for 
operation in the United States under the provisions of section 21.29 of 
the Federal Aviation Regulations (14 CFR 21.29) and the applicable 
bilateral airworthiness agreement.
    Under this bilateral airworthiness agreement, the FOCA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the FOCA's findings, 
reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other Pilatus Models PC-12 and PC-12/45 airplanes of the 
same type design that are registered in the United States, we are 
proposing AD action to prevent failure of the MLG actuator, which could 
result in loss of hydraulic extension/retraction of the MLG. This 
failure could lead to damage upon landing.
    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
bulletin.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 260 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
do this proposed inspection:

----------------------------------------------------------------------------------------------------------------
                                                               Total cost per
          Labor cost                     Parts cost               airplane        Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 per hour =    Not Applicable.............               $65   260 x $65 = $16,900.
 $65.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement 
that would be required based on the results of this proposed 
inspection. We have no way of determining the number of airplanes that 
may need this replacement:

----------------------------------------------------------------------------------------------------------------
                                                                                               Total cost per
                 Labor cost                                    Parts cost                         airplane
----------------------------------------------------------------------------------------------------------------
3 work hours x $65 per hour = $195 per MLG    Not Applicable..............................                 $195
 actuator.
----------------------------------------------------------------------------------------------------------------

    Pilatus will provide replacement parts free of charge if any MLG 
actuator with a SN 830E through 881E is returned to Pilatus. If 
purchased, the cost of a new actuator is $14,000. The cost of an 
overhauled actuator is $5,000.

Regulatory Findings

    Would this proposed AD impact various entities? We have 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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 proposed AD 
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 
``AD Docket FAA 2004-19221; Directorate Identifier 2004-CE-28-AD'' in 
your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration 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.

[[Page 63338]]

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Pilatus Aircraft Ltd.: Docket No. FAA 2004-19221; Directorate 
Identifier 2004-CE-28-AD

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by December 3, 2004.

What Other ADs Are Affected By This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Models PC-12 and PC-12/45 airplanes, all 
serial numbers, that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (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 
prevent failure of the main landing gear (MLG) actuator, which could 
result in loss of hydraulic extension/retraction of the MLG. This 
failure could lead to loss of control during ground operations.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Check the airplane        Within 90 days after  The owner/operator
 logbook to ensure that no     the effective date    holding at least a
 main landing gear (MLG)       of this AD, unless    private pilot
 actuator (part number (P/N)   already done.         certificate as
 960.30.01.103) with serial                          authorized by
 numbers (SN) 830E through                           section 43.7 of the
 881E is installed.                                  Federal Aviation
                                                     Regulations (14 CFR
                                                     43.7) may do this
                                                     check.
(2) If you can positively     Not Applicable......  Make an entry in the
 determine that no MLG                               aircraft records
 actuator (P/N                                       showing compliance
 960.30.01.103) with SN 830E                         with paragraphs
 through 881E is installed,                          (e)(1) and (e)(2)
 then no further action is                           of this AD per
 required.                                           section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(3) If you cannot positively  Within 90 days after  Follow the
 determine that no MLG         the effective date    Accomplishment
 actuator (P/N                 of this AD, unless    Instructions--Aircr
 960.30.01.103) with SN 830E   already done.         aft section in
 through 881E is installed,                          Pilatus PC-12
 then inspect any MLG                                Service Bulletin
 actuator (P/N                                       No. 32-017, dated
 960.30.01.103) for SN 830E                          August 3, 2004.
 through 881E.
(4) If any MLG actuator (P/N  Before further        Follow the
 960.30.01.103) with SN 830E   flight after the      Accomplishment
 through 881E is found         inspection required   Instructions--
 during the inspection         by paragraph (e)(3)   Aircraft section in
 required by paragraph         of this AD in which   Pilatus PC-12
 (e)(3) of this AD, replace    any actuator with     Service Bulletin
 the MLG actuator with a P/N   SN 830E through       No. 32-017, dated
 960.30.01.103 actuator that   881E is found.        August 3, 2004.
 has a SN other than 830E
 through 881E.
(5) Do not install any MLG    As of the effective   Not Applicable.
 actuator (P/N                 date of this AD.
 960.30.01.103) with SN 830E
 through 881E.
------------------------------------------------------------------------


    Note: The FAA recommends that you send any MLG actuator (P/N 
960.30.01.103) with SN 830E through 881E to Pilatus.

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Doug Rudolph, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: 
(816) 329-4090.

Is There Other Information That Relates to This Subject?

    (g) Swiss AD Number HB 2004-330, dated August 18, 2004, also 
addresses the subject of this AD.

May I Get Copies of the Documents Referenced in This AD?

    (h) To get copies of the documents referenced in this AD, 
contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 
Stans, Switzerland; telephone: +41 41 619 6208; facsimile: +41 41 
619 7311; e-mail: <a href="/cdn-cgi/l/email-protection#b7e4c2c7c7d8c5c3e7f48685f7c7dedbd6c3c2c49a8bd697dfc5d2d18a" http: aircraft.com">aircraft.com</a>">SupportPC12@pilatus-aircraft.com</a> or from Pilatus 
Business Aircraft Ltd., Product Support Department, 11755 Airport 
Way, Broomfield, Colorado 80021; telephone: (303) 465-9099; 
facsimile: (303) 465-6040. 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, or on the 
Internet at http://dms.dot.gov. This is docket number FAA 2004-
19221.

    Issued in Kansas City, Missouri, on October 25, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24323 Filed 10-29-04; 8:45 am]
BILLING CODE 4910-13-P


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