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[Federal Register: October 7, 2010 (Volume 75, Number 194)]
[Proposed Rules]               
[Page 62002-62004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc10-15]                         

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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:

    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 AD requires the 
implementation and the compliance with these new maintenance 
requirements and/or airworthiness limitations documents.

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
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