17384 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

rate of the battery automatically, so as 

to prevent battery overheating or 

overcharging, and 

(i) A battery temperature sensing and 

over-temperature warning system with a 

means for automatically disconnecting 

the battery from its charging source in 

the event of an over-temperature 

condition, or, 

(ii) A battery failure sensing and 

warning system with a means for 

automatically disconnecting the battery 

from its charging source in the event of 

battery failure. 

(8) Any Li-Poly battery installation 

whose function is required for safe 

operation of the airplane, must 

incorporate a monitoring and warning 

feature that will provide an indication 

to the appropriate flight crewmembers, 

whenever the capacity and state of 

charge of the batteries have fallen below 

levels considered acceptable for 

dispatch of the airplane. 

(9) The Instructions for Continued 

Airworthiness (ICAW) must contain 

recommended manufacturer’s 

maintenance and inspection 

requirements to ensure that batteries, 

including single cells, meet a safety 

function level essential to the aircraft’s 

continued airworthiness. 

(i) The ICAW must contain operating 

instructions and equipment limitations 

in an installation maintenance manual. 

(ii) The ICAW must contain 

installation procedures and limitation in 

a maintenance manual, sufficient to 

ensure that cells or batteries, when 

installed according to the installation 

procedures, still meet safety functional 

levels, essential to the aircraft’s 

continued airworthiness. The limitation 

must identify any unique aspects of the 

installation. 

(iii) The ICAW must contain 

corrective maintenance procedures to 

functionally check battery capacity at 

manufacturers recommended inspection 

intervals. 

(iv) The ICAW must contain 

scheduled servicing information to 

replace batteries at manufacturers 

recommended replacement time. 

(v) The ICAW must contain 

maintenance inspection requirements to 

visually check for a battery and/or 

charger degradation. 

(10) The ICAW must contain 

maintenance procedures to check, at 

manufacturer’s recommended 

inspection intervals, the function of any 

batteries in a rotating stock (spares) that 

experience degraded charge retention 

capability or other damage due to 

prolonged storage. 

(11) System Safety Assessment 

process should address the software and 

complex hardware levels for the 

sensing, monitoring and warning 

systems, if these systems contain 

complex devices. The functional hazard 

assessment (FHA) for the system is 

required based on the intended 

functions described. The criticality of 

the specific functions will be 

determined by the safety assessment 

process for compliance with 14 CFR 

part 23, § 23.1309, and Advisory 

Circular 23.1309–1C contains acceptable 

means for accomplishing this 

requirement. For determining the failure 

condition, the criticality of a function 

will include the mitigating factors. The 

failure conditions must address the loss 

of function and improper operations. 

It should be noted that these special 

conditions are not intended to replace 

14 CFR part 23, § 23.1353 in the 

certification basis of the Spectrum 

model S–40 airplanes. The special 

conditions apply only to Li-Poly 

batteries and battery installations. The 

battery requirements of 14 CFR part 23, 

§ 23.1353 would remain in effect for 

batteries and battery installations on the 

Spectrum airplane that do not utilize LiPoly chemistry. 

Issued in Kansas City, Missouri on April 7, 

2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8582 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0347; Directorate 

Identifier 2009–CE–022–AD; Amendment 

39–15883; AD 2009–08–10] 

RIN 2120–AA64 

Airworthiness Directives; Pilatus 

Aircraft Ltd. Model PC–12/47E 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above that will 

supersede an existing AD. 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: 

Field reports have indicated that the 

possibility exists that both Primary Flight 

Displays (PFDs) could indicate a roll attitude 

offset of up to 10 degrees in the same 

direction if an accelerated turn onto the 

active runway is performed immediately 

followed by take-off. This condition has been 

reported to correct itself after several 

minutes. 

This situation, if not corrected, could result 

in an undesired bank angle, which would 

constitute an unsafe condition. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective April 

20, 2009. 

On April 20, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by May 15, 2009. 

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 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, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On February 12, 2009, we issued AD 

2009–04–14, Amendment 39–15820 (74 

FR 7810; February 20, 2009). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17385 

Since we issued AD 2009–04–14, we 

have received new MCAI that requires 

a revision of the operational procedures 

to be inserted into the pilot’s operating 

handbook (POH). 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued Emergency AD 

No. 2009–0080–E, dated April 3, 2009 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

Field reports have indicated that the 

possibility exists that both Primary Flight 

Displays (PFDs) could indicate a roll attitude 

offset of up to 10 degrees in the same 

direction if an accelerated turn onto the 

active runway is performed immediately 

followed by take-off. This condition has been 

reported to correct itself after several 

minutes. 

This situation, if not corrected, could result 

in an undesired bank angle, which would 

constitute an unsafe condition. 

As an interim measure, EASA Emergency 

AD 2009–0028–E required the introduction 

of a maximum bank angle during climb. As 

a result of the ongoing investigation, the 

problem can be temporarily solved with 

some limitations in the take-off procedure. 

For the reason described above, this AD 

supersedes EASA AD 2008–0028–E and 

requires a revision of the operational 

procedures to be inserted into the POH. This 

action is still considered to be an interim 

solution and further AD action is likely to 

follow. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Pilatus Aircraft Ltd. has issued 

Temporary Revision No. 11 to PC–12/ 

47E Pilot’s Operating Handbook, Report 

No. 02277, dated March 18, 2009. 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. 

Differences Between This 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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

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 the current FAA AD and 

the previous EASA emergency AD are 

not satisfying the unsafe condition. 

Operators must follow the new 

procedures to assure the unsafe 

condition is adequately addressed. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer 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–2009–0347; 

Directorate Identifier 2009–CE–022– 

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. 

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 

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 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. 

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. 


rwilkins on PROD1PC63 with RULES
17386 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–15820 (74 FR 

7810; February 20, 2009), and adding 

the following new AD: 

2009–08–10 Pilatus Aircraft Ltd: 

Amendment 39–15883; Docket No. 

FAA–2009–0347; Directorate Identifier 

2009–CE–022–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 20, 2009. 

Affected ADs 

(b) This AD supersedes AD 2009–04–14, 

Amendment 39–15820. 

Applicability 

(c) This AD applies to Models PC–12/47E 

airplanes, manufacturer serial numbers 

(MSN) 545 and MSN 1001 and subsequent, 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 34: Navigation. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Field reports have indicated that the 

possibility exists that both Primary Flight 

Displays (PFDs) could indicate a roll attitude 

offset of up to 10 degrees in the same 

direction if an accelerated turn onto the 

active runway is performed immediately 

followed by take-off. This condition has been 

reported to correct itself after several 

minutes. 

This situation, if not corrected, could result 

in an undesired bank angle, which would 

constitute an unsafe condition. 

As an interim measure, EASA Emergency 

AD 2009–0028–E required the introduction 

of a maximum bank angle during climb. As 

a result of the ongoing investigation, the 

problem can be temporarily solved with 

some limitations in the take-off procedure. 

For the reason described above, this AD 

supersedes EASA AD 2008–0028–E and 

requires a revision of the operational 

procedures to be inserted into the POH. This 

action is still considered to be an interim 

solution and further AD action is likely to 

follow. 

Actions and Compliance 

(f) Unless already done, before further 

flight as of April 20, 2009 (the effective date 

of this AD), do the following actions: 

(1) Incorporate Pilatus Aircraft Ltd. 

Temporary Revision No. 11 to PC–12/47E 

Pilot’s Operating Handbook, Report No. 

02277, dated March 18, 2009, into the Pilatus 

PC–12/47E POH. 

(2) Remove the information and/or the 

copy of AD 2009–04–14 required by AD 

2009–04–14 to be inserted in the POH. 

(3) 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 the actions 

required in this AD. Make an entry in the 

aircraft records showing compliance with 

this portion of the AD following 14 CFR 43.9. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: 

(1) Since we never allowed incorporating 

Temporary Revision No. 9, dated January 30, 

2009, into the POH, we are not requiring the 

removal of Temporary Revision No. 9, dated 

January 30, 2009, as the MCAI requires. 

(2) Current regulations (1 CFR 51.7) do not 

allow us to both incorporate by reference a 

service document and write the provisions of 

that document in the AD. We have chosen to 

incorporate by reference the temporary 

revision. 

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 European Aviation 

Safety Agency (EASA) AD No. 2009–0080–E, 

dated April 3, 2009, and Pilatus Aircraft Ltd. 

Temporary Revision No. 11 to PC–12/47E 

Pilot’s Operating Handbook, Report No. 

02277, dated March 18, 2009, for related 

information. 

Material Incorporated by Reference 

(i) You must use Pilatus Aircraft Ltd. 

Temporary Revision No. 11 to PC–12/47E 

Pilot’s Operating Handbook, Report No. 

02277, dated March 18, 2009, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Pilatus Aircraft Ltd., 

Customer Service Manager, CH–6371 

STANS, Switzerland; telephone: +41 (0)41 

619 62 08; fax: +41 (0)41 619 73 11; Internet: 

www.pilatus-aircraft.com/, or e-mail: 

SupportPC12@pilatus-aircraft.com. You may 

get Pilatus Aircraft Ltd. Temporary Revision 

No. 11 to PC–12/47E Pilot’s Operating 

Handbook, Report No. 02277, dated March 

18, 2009, from the Web site of the Swiss 

Federal Office of Civil Aviation (FOCA): 

http://www.bazl.admin.ch/fachleute/ 

lufttechnik/entwicklung/00677/ 

index.html?lang=en. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/

code_of_federal_regulations/

ibr_locations.html. 

Issued in Kansas City, Missouri on April 8, 

2009. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8516 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0124 Directorate 

Identifier 2009–CE–004–AD; Amendment 

39–15882; AD 2009–08–09] 

RIN 2120–AA64 

Airworthiness Directives; EADS 

SOCATA Model TBM 700 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

A damaged wiring harness which caused 

the air conditioning system circuit breaker to 

trip and evidencing a local overheating has 

been found on an in-service aircraft. 

The investigation revealed that the damage 

(chafed wires) found on the wiring harness 

resulted from an interference with the underfloor attachment fittings of the cabin partition 


rwilkins on PROD1PC63 with RULES