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.

Proposed Rules Federal Register

63336

Vol. 69, No. 210

Monday, November 1, 2004

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: 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• 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: 

SupportPC12@pilatus-aircraft.com 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

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

Labor cost Parts cost Total cost per 

airplane 

Total cost on U.S.

operators 

1 work hour × $65 per hour = $65 .............................................................. Not Applicable ......... $65 260 × $65 = $16,900. 

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:

Labor cost Parts cost Total cost per

airplane 

3 work hours × $65 per hour = $195 per MLG actuator ................................................................. Not Applicable ............. $195

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.

63338 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Proposed Rules 

§ 39.13 [Amended] 

2. The FAA amends § 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 logbook to ensure that 

no main landing gear (MLG) actuator (part 

number (P/N) 960.30.01.103) with serial 

numbers (SN) 830E through 881E is installed.

Within 90 days after the effective date of this 

AD, unless already done.

The owner/operator holding at least a private 

pilot certificate as authorized by section 

43.7 of the Federal Aviation Regulations 

(14 CFR 43.7) may do this check. 

(2) If you can positively determine that no MLG 

actuator (P/N 960.30.01.103) with SN 830E 

through 881E is installed, then no further action is required.

Not Applicable .................................................. Make an entry in the aircraft records showing 

compliance with paragraphs (e)(1) and 

(e)(2) of this AD per section 43.9 of the 

Federal Aviation Regulations (14 CFR 

43.9). 

(3) If you cannot positively determine that no 

MLG actuator (P/N 960.30.01.103) with SN 

830E through 881E is installed, then inspect 

any MLG actuator (P/N 960.30.01.103) for 

SN 830E through 881E.

Within 90 days after the effective date of this 

AD, unless already done.

Follow the Accomplishment Instructions—Aircraft section in Pilatus PC–12 Service Bulletin No. 32–017, dated August 3, 2004. 

(4) If any MLG actuator (P/N 960.30.01.103) 

with SN 830E through 881E is found during 

the inspection required by paragraph (e)(3) of 

this AD, replace the MLG actuator with a P/N 

960.30.01.103 actuator that has a SN other 

than 830E through 881E.

Before further flight after the inspection required by paragraph (e)(3) of this AD in 

which any actuator with SN 830E through 

881E is found.

Follow the Accomplishment Instructions— Aircraft section in Pilatus PC–12 Service Bulletin No. 32–017, dated August 3, 2004. 

(5) Do not install any MLG actuator (P/N 

960.30.01.103) with SN 830E through 881E.

As of the effective date of this AD ................... Not Applicable. 

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: 

SupportPC12@pilatus-aircraft.com 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

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–P–7659] 

Proposed Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Proposed rule.

SUMMARY: Technical information or 

comments are requested on the 

proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed below. The BFEs and modified 

BFEs are the basis for the floodplain 

management measures that the 

community is required either to adopt 

or to show evidence of being already in 

effect in order to qualify or remain 

qualified for participation in the 

National Flood Insurance Program 

(NFIP).