[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Proposed Rules]
[Pages 7297-7299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02055]


========================================================================
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. 89, No. 23 / Friday, February 2, 2024 / 
Proposed Rules

[[Page 7297]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0045; Project Identifier MCAI-2023-01088-A]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2023-12-17, which applies to Pilatus Aircraft Ltd. (Pilatus) Model PC-
12, PC-12/45, PC-12/47, and PC-12/47E airplanes. AD 2023-12-17 requires 
revising the airworthiness limitation section (ALS) of the existing 
aircraft maintenance manual (AMM) or Instructions for Continued 
Airworthiness (ICA) for your airplane by introducing new and more 
restrictive instructions and maintenance tasks as specified in the 
component limitations section, which includes repetitive inspections 
for cracks in the lower main spar connection of the horizontal 
stabilizer. Since the FAA issued AD 2023-12-17, the FAA has determined 
that new or more restrictive airworthiness limitations are necessary. 
This proposed AD would require revising the ALS of your existing AMM or 
ICA and your existing approved maintenance or inspection program, as 
applicable, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by March 18, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0045; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI) any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
    <bullet> For EASA material identified in this NPRM, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: <a href="/cdn-cgi/l/email-protection#7534310635101406145b1000071a05145b1000"><span class="__cf_email__" data-cfemail="0e4f4a7d4e6b6f7d6f206b7b7c617e6f206b7b">[email protected]</span></a>; website: easa.europa.eu. You may find 
this material on the EASA website at ad.easa.europa.eu.
    <bullet> You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4059; email: <a href="/cdn-cgi/l/email-protection#c7a3a8b2a0e9b5b2a3a8abb7af87a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="187c776d7f366a6d7c77746870587e7979367f776e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2024-0045; Project Identifier 
MCAI-2023-01088-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Doug 
Rudolph, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2023-12-17, Amendment 39-22475 (88 FR 42604, July 
3, 2023) (AD 2023-12-17), for Pilatus Model PC-12, PC-12/45, PC-12/47, 
and PC-12/47E airplanes. AD 2023-12-17 was prompted by MCAI originated 
by EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued AD 2022-0103, dated June 9, 2022 (EASA AD 
2022-0103) to correct an unsafe condition for Pilatus Model PC-12, PC-
12/45, PC-12/47, and PC-12/47E airplanes identified as cracks in the 
lower main spar connection of the horizontal stabilizer and the failure 
of certain parts.
    AD 2023-12-17 requires incorporating new revisions to the ALS

[[Page 7298]]

of the existing AMM or ICA for your airplane to establish new or more 
restrictive airworthiness limitations that include repetitive 
inspections for cracks in the lower main spar connection of the 
horizontal stabilizer. The FAA issued AD 2023-12-17 to address cracks 
in the lower main spar connection of the horizontal stabilizer and 
failure of certain parts, which could result in loss of airplane 
control.

Actions Since AD 2023-12-17 Was Issued

    Since the FAA issued AD 2023-12-17, EASA superseded EASA AD 2022-
0103 and issued EASA AD 2023-0184, dated October 19, 2023 (EASA AD 
2023-0184) (also referred to as the MCAI) for all Pilatus Model PC-12, 
PC-12/45, PC-12/47, and PC-12/47E airplanes. The MCAI states that new 
or more restrictive tasks and limitations have been developed. These 
new or more restrictive airworthiness limitations include repetitive 
eddy current inspections for cracks in the main landing gear yoke 
fitting. The FAA is issuing this AD to address failure of certain 
parts, which could result in asymmetric main landing gear failure that 
could lead to loss of airplane control during take-off, landing, and 
taxiing operations Additionally, the actions required to address the 
unsafe condition in AD 2023-12-17 are included in ``the applicable 
ALS,'' as defined in EASA AD 2023-0184.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0045.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0184 requires certain actions and associated 
thresholds and intervals, including life limits and maintenance tasks. 
EASA AD 2023-0184 also requires doing corrective actions if any 
discrepancy (as defined in ``the applicable ALS'' as defined in EASA AD 
2023-0184) is found during accomplishment of any task required by 
paragraph (1) of EASA AD 2023-0184 and revising the aircraft 
maintenance program (AMP) by incorporating the limitations, tasks, and 
associated thresholds and intervals described in ``the applicable ALS'' 
as defined in EASA AD 2023-0184. This material is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2023-
12-17. This proposed AD would require revising the ALS of the existing 
AMM or ICA for your airplane as specified in EASA AD 2023-0184, 
described previously, except as discussed under ``Differences Between 
this Proposed AD and EASA AD 2023-0184.''

Differences Between This Proposed AD and EASA AD 2023-0184

    Paragraph (1) of EASA AD 2023-0184 requires replacing each 
component before exceeding the applicable life limit and within the 
identified thresholds and intervals accomplishing all applicable 
maintenance tasks as specified in the applicable ALS for that airplane. 
Paragraph (2) of EASA AD 2023-0184 requires corrective actions in 
accordance with the applicable Pilatus maintenance documentation or 
contacting Pilatus for approved instructions and accomplishing those 
instructions accordingly. Paragraph (4) of EASA AD 2023-0184 provides 
credit for performing actions in accordance with previous revisions of 
the Pilatus AMM. Paragraph (5) of EASA AD 2023-0184 explains that after 
revision of the AMP, it is not necessary to record accomplishment of 
individual actions for demonstration of AD compliance. This proposed AD 
would not require compliance with paragraphs (1), (2), (4), and (5) of 
EASA AD 2023-0184.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2023-0184 by reference in the FAA 
final rule. Service information required by the EASA AD for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2024-0045 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,030 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS........................  1 work-hour x $85 per                 $0             $85         $87,550
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not

[[Page 7299]]

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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2023-12-17, Amendment 39-22475 (88 
FR 42604, July 3, 2023); and
0
b. Adding the following new AD:

Pilatus Aircraft Ltd.: Docket No. FAA-2024-0045; Project Identifier 
MCAI-2023-01088-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 18, 2024.

(b) Affected ADs

    This AD replaces AD 2023-12-17, Amendment 39-22475 (AD 2023-12-
17).

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-12, PC-12/45, 
PC-12/47, and PC-12/47E airplanes, all serial numbers, certificated 
in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3211, Main Landing 
Gear Attach Section.

(e) Unsafe Condition

    This AD was prompted by a revision to the airworthiness 
limitations section (ALS) of the existing aircraft maintenance 
manual (AMM) introducing new and more restrictive instructions and 
maintenance tasks as specified in the component limitations section, 
which include repetitive eddy current inspections for cracks in the 
main landing gear yoke fitting, could result in an unsafe condition. 
The FAA is issuing this AD to address failure of certain parts, 
which could result in asymmetric main landing gear failure that 
could lead to loss of airplane control during take-off, landing, and 
taxiing operations.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0184, dated October 19, 2023 (EASA AD 2023-0184).

(h) Exceptions to EASA AD 2023-0184

    (1) Where EASA AD 2023-0184 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the requirements specified in 
paragraphs (1), (2), (4), and (5) of EASA AD 2023-0184.
    (3) Where paragraph (3) of EASA AD 2023-0184 specifies ``Within 
12 months after the effective date of this AD, revise the AMP,'' 
this AD requires replacing those words with ``Within 30 days after 
the effective date of this AD, revise the airworthiness limitations 
section of your existing airplane maintenance manual or instructions 
for continued airworthiness and your existing approved maintenance 
or inspection program, as applicable.''
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2023-0184 is on or before the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0184 or within 30 days 
after the effective date of this AD, whichever occurs later.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0184.

(i) Provisions for Alternative Actions and Intervals

    No alternative actions and associated thresholds and intervals, 
including life limits, are allowed for compliance with paragraph (g) 
of this AD unless they are approved as specified in the provisions 
of the ``Ref. Publications'' section of EASA AD 2023-0184.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, 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 International Validation Branch, send it to the 
attention of the person identified in paragraph (k) of this AD or 
email to: <a href="/cdn-cgi/l/email-protection#61584c2037324c2028334c5652514c202c2e22210700004f060e17"><span class="__cf_email__" data-cfemail="f2cbdfb3a4a1dfb3bba0dfc5c1c2dfb3bfbdb1b2949393dc959d84">[email protected]</span></a>. If mailing information, also 
submit information by email. Before using any approved AMOC, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the responsible Flight Standards Office/
certificate holding district office.

(k) Additional Information

    For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4059; email: 
<a href="/cdn-cgi/l/email-protection#3c5853495b124e495853504c547c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="62060d17054c1017060d0e120a220403034c050d14">[email protected]</span></a>.

(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) European Union Aviation Safety Agency (EASA) AD 2023-0184, 
dated October 19, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0184, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#d59491a695b0b4a6b4fbb0a0a7baa5b4fbb0a0"><span class="__cf_email__" data-cfemail="edaca99ead888c9e8cc388989f829d8cc38898">[email protected]</span></a>; website: easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#197f6b3770776a697c7a6d7076775977786b78377e766f"><span class="__cf_email__" data-cfemail="4a2c38642324393a2f293e2325240a242b382b642d253c">[email protected]</span></a>.

    Issued on January 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-02055 Filed 2-1-24; 8:45 am]
BILLING CODE 4910-13-P


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