Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations 42417 

Airworthiness Limitations (AWLs)—Fuel 

Systems, of the Boeing 737–100/200/200C/ 

300/400/500 Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs), Document D6–38278– 

CMR, Revision August 2012. 

(i) No Alternative Critical Design 

Configuration Control Limitations (CDCCLs) 

After accomplishing the revision required 

by paragraph (h) of this AD, no alternative 

CDCCLs may be used unless the CDCCLs are 

approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (j) of this 

AD. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle ACO 

to make those findings. For a repair method 

to be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

(k) Related Information 

For more information about this AD, 

contact Suzanne Lucier, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6438; fax: 425–917– 

6590; email: suzanne.lucier@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Service Bulletin 737–28–1286, 

dated January 10, 2012. 

(ii) Boeing 737–100/200/200C/300/400/500 

Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs), Document D6–38278–CMR, Revision 

August 2012. 

(3) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, P.O. Box 3707, MC 

2H–65, Seattle, WA 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https:// 

www.myboeingfleet.com. 

(4) You may view this service information 

at FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference 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 Renton, Washington, on June 21, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–15963 Filed 7–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0598; Directorate 

Identifier 2013–CE–015–AD; Amendment 

39–17506; AD 2013–14–01] 

RIN 2120–AA64 

Airworthiness Directives; Pilatus 

Aircraft Ltd. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Pilatus Aircraft Ltd. Model PC–6/B2–H4 

airplanes. 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 faulty 

rivets installed in the airframes during 

production could reduce the structural 

integrity of the airplane. We are issuing 

this AD to require actions to address the 

unsafe condition on these products. 

DATES: This AD is effective August 5, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of August 5, 2013. 

We must receive comments on this 

AD by August 30, 2013. 

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. 

For service information identified in 

this AD, contact Pilatus Aircraft Ltd., 

Customer Liaison Manager, P.O. Box 

992, CH–6371 STANS, Switzerland; 

telephone: +41 (0)41 619 65 80; fax: +41 

(0)41 619 65 76; Internet: http:// 

www.pilatus-aircraft.com or email: 

fodermatt@pilatus-aircraft.com. You 

may review copies of the referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329– 

4148. 

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 MCAI, 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; email: 

doug.rudolph@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2013– 

0115–E, dated May 28, 2013 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Reports have been received that rivets with 

insufficient shear (about 50% shear 

allowable) were delivered from the supplier 

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42418 Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations 

to Pilatus. Investigations revealed that the 

faulty rivets were already installed in various 

airframes and spare parts during the 

production process. 

This condition, if not corrected, could result 

in a reduced strength of the aeroplane 

structure. 

For the reasons described above, this AD 

prohibits all flight operations for the affected 

aeroplanes, except for a ferry flight under 

limited flight conditions to a repair station. 

In order to resume flights, this AD requires 

accomplishment of an inspection and, 

depending on findings, a repair of all affected 

areas of the aeroplane. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Pilatus Aircraft Ltd. has issued 

Technical Memo TM–06–000004, Issue 

01, dated May 16, 2013. 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. 

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 there are no airplanes 

currently on the U.S. registry and thus, 

does not have any impact upon the 

public. Therefore, we find that notice 

and opportunity for prior public 

comment are unnecessary and that good 

cause exists for making this amendment 

effective in less 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–2013–0598; 

Directorate Identifier 2013–CE–015– 

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. 

Costs of Compliance 

We estimate that this AD will affect 0 

products of U.S. registry at this time. We 

also estimate that it will take about 5 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $1,000 

per product. 

Based on these figures, we estimate 

there to be no cost for U.S. operators for 

this AD. However, if an airplane 

affected by this AD is at any time placed 

on the U.S. registry, it will cost 

approximately $1,425 per product to 

comply with this AD. 

According to the manufacturer, some 

of the costs of this AD may be covered 

under warranty, thereby reducing the 

cost impact on affected individuals. We 

do not control warranty coverage for 

affected individuals. As a result, we 

have included all costs in our cost 

estimate. 

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 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2013–14–01 Pilatus Aircraft Ltd.: 

Amendment 39–17506; Docket No. 

FAA–2013–0598; Directorate Identifier 

2013–CE–015–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective August 5, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Pilatus Aircraft Ltd. 

Model PC–6/B2–H4 airplanes, serial numbers 

735, 863, 909, 923, 948, 956, 958, 977, 978, 

979, 980, 981, 982, 985, and 986, certificated 

in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 53: Fuselage. 

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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations 42419 

(e) Reason 

This AD was prompted by 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 faulty rivets 

installed in the airframes during production 

could reduce the structural integrity of the 

airplane. We are issuing this AD to ensure 

the structural integrity of the airplane. 

(f) Actions and Compliance 

Unless already done, do the following 

actions in paragraphs (f)(1) and (f)(2) of this 

AD. 

(1) Before further flight after August 5, 

2013 (the effective date of this AD), contact 

Pilatus Aircraft Ltd. at the address specified 

in paragraph (j)(3) of this AD to obtain FAAapproved inspection procedures approved 

specifically for compliance with this AD for 

inspecting the airplane for loose rivets and 

for places where rivets are missing, and do 

the inspection. 

(2) If any rivet deficiencies are found 

during the inspection required in paragraph 

(f)(1) of this AD, before further fight, contact 

PILATUS Aircraft Ltd. at the address 

specified in paragraph (j)(3) of this AD to 

obtain an FAA-approved repair scheme 

approved specifically for compliance with 

this AD and incorporate the repair. 

(g) Other FAA AD Provisions 

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; email: doug.rudolph@faa.gov. 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. 

(h) Special Flight Permit 

Special flight permits are permitted with 

the following limitation: A pre-flight 

inspection must be done following the 

procedures specified in paragraph 2.2 of 

Pilatus Technical Memo TM–06–000004, 

Issue 01, dated May 16, 2013. 

(i) Related Information 

European Aviation Safety Agency (EASA) 

AD No. 2013–0115–E, dated May 28, 2013, 

for related information, which can be found 

in the AD docket on the Internet at http:// 

www.regulations.gov. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Pilatus Technical Memo TM–06– 

000004, Issue 01, dated May 16, 2013. 

(ii) Reserved. 

(3) For Pilatus Aircraft Ltd service 

information identified in this AD, contact 

Pilatus Aircraft Ltd., Customer Liaison 

Manager, P.O. Box 992, CH–6371 STANS, 

Switzerland; telephone: +41 (0)41 619 65 80; 

fax: +41 (0)41 619 65 76; Internet: http:// 

www.pilatus-aircraft.com or email: 

fodermatt@pilatus-aircraft.com. 

(4) You may view this service information 

at the FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

(5) You may view this service information 

that is incorporated by reference 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/ibrlocations.html. 

Issued in Kansas City, Missouri on June 28, 

2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–16332 Filed 7–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA–2012–0754] 

Airport Improvement Program (AIP): 

Policy Regarding Access to Airports 

From Residential Property 

AGENCY: Federal Aviation 

Administration (FAA). 

ACTION: Final Policy Statement. 

SUMMARY: This action adopts a Policy 

Statement, based on Federal law, 

concerning through-the-fence access to a 

federally-obligated airport from an 

adjacent or nearby property, when that 

property is used as a residence. This 

Policy Statement replaces FAA’s 

previously published Interim Policy (76 

FR 15028; March 18, 2011) with regard 

to commercial service airports, and 

establishes how FAA will implement 

section 136 of Public Law 112–95. 

DATES: The effective date of this Final 

Policy is July 16, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Randall S. Fiertz, Director, Office of 

Airport Compliance and Management 

Analysis, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591, 

telephone (202) 267–3085; facsimile: 

(202) 267–5257. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You can get an electronic copy of this 

Policy and all other documents in this 

docket using the Internet by: 

(1) Searching the Federal 

eRulemaking portal (http:// 

www.regulations.gov/search); 

(2) Visiting FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Airport 

Compliance and Management Analysis, 

800 Independence Avenue SW., 

Washington, DC 20591, or by calling 

(202) 267–3085. Make sure to identify 

the docket number, notice number, or 

amendment number of this proceeding. 

Authority for the Policy 

This notice is published under the 

authority described in Subtitle VII, part 

B, chapter 471, section 47122 of title 49 

United States Code. 

Background 

Detailed background regarding FAA’s 

development of Policy documents 

specific to through-the-fence access to 

federally obligated airports from 

adjacent or nearby property, when that 

property is used as a residence, is 

available at: 

• 75 FR 54946; September 9, 2010; 

• 76 FR 15028; March 18, 2011; and 

• 77 FR 44515; July 30, 2012. 

On February 14, 2012, FAA 

Modernization and Reform Act of 2012 

(FMRA) was signed into law (Pub. L. 

112–95). Section 136 of this law permits 

general aviation airports, as defined by 

the statute, to enter into residential 

through-the-fence agreements with 

property owners or associations 

representing property owners. This 

must be a written agreement that 

requires the property owner to: 

• Pay access charges that the sponsor 

determines to be comparable to those 

fees charged to tenants and operators 

on-airport making similar use of the 

airport; 

• Bear the cost of building and 

maintaining the infrastructure the 

sponsor determines is necessary to 

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