[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Rules and Regulations]
[Pages 1329-1332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-185]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19221; Directorate Identifier 2004-CE-28-AD; 
Amendment 39-13935; AD 2005-01-11]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12 and 
PC-12/45 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Pilatus Aircraft Ltd. (Pilatus) Models PC-12 and PC-12/45 airplanes. 
This AD requires 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, then no further action is required. This 
AD results from mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Switzerland. We are issuing 
this AD to prevent failure of the MLG actuator caused by an incorrect 
heat treating process, which could result in loss of hydraulic 
extension/retraction of the MLG. This failure could lead to loss of 
control during ground operations.

DATES: This AD becomes effective on February 22, 2005.
    As of February 22, 2005, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified 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: <a href="/cdn-cgi/l/email-protection#b2e1c7c2c2ddc0c6e2f18380f2c2dbded3c6c7c19f8ed392dac0d7d48f" http: aircraft.com">aircraft.com</a>">SupportPC12@pilatus-aircraft.com</a> or from Pilatus Business 
Aircraft Ltd., Product Support Department, 11755 Airport Way, 
Broomfield, Colorado 80021; telephone: (303) 465-9099; facsimile: (303) 
465-6040. To review this service information, go to the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or 
call (202) 741-6030.
    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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is 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:

Discussion

    What events have caused this 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 main landing gear (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 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.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Pilatus Aircraft Ltd. (Pilatus) 
Models PC-12 and

[[Page 1330]]

PC-12/45 airplanes. This proposal was published in the Federal Register 
as a notice of proposed rulemaking (NPRM) on November 1, 2004 (69 FR 
63336). The NPRM proposed to require you to check the airplane logbook 
to determine whether any MLG actuator (P/N 960.30.01.103) with SNs 830E 
through 881E is installed. If any MLG actuator with one of these SNs is 
installed, the NPRM would require you 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 would be 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 would be required.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. The following 
presents the comment received on the proposal and FAA's response to the 
comment:

Comment Issue: Limit AD Serial Number Effectivity

    What is the commenter's concern? The commenter states that it would 
be more appropriate to have the AD address only the serial number 
airplanes on which the parts were installed. Further, the commenter 
states that the AD should not apply to airplanes that Pilatus has not 
yet produced.
    What is FAA's response to the concern? As FAA explained in the 
NPRM, there is a possibility that these parts might have been removed 
from the affected serial number aircraft and installed on other serial 
numbers not included in the FOCA AD or Pilatus service bulletin. 
Therefore, we are including all serial numbers in the effectivity of 
this AD. To relieve the burden, FAA has included in the AD a logbook 
check for the affected S/N main landing gear actuators.
    The manufacturer should ensure that any MLG actuator P/N 
960.30.01.103 with SNs 830E through 881E is not installed at the 
factory and include a statement of compliance with this FAA AD in the 
logbook of any new manufactured aircraft.
    Also, the only assurance that FAA has that the suspect parts are 
not installed in the future on Pilatus Models PC-12 and PC-12/45 
airplanes is through AD action.
    We are not changing the final rule AD action based on these 
comments.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains information relating to this subject 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.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD 
affects 260 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to do the 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                 Total cost
              Labor cost                      Parts cost        per airplane     Total cost  on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 per hour = $65.....  Not Applicable.........          $65   260 x $65 = $16,900.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement 
that would be required based on the results of this inspection. We have 
no way of determining the number of airplanes that may need this 
replacement:

------------------------------------------------------------------------
                                                              Total cost
             Labor cost                    Parts cost            per
                                                               airplane
------------------------------------------------------------------------
3 work hours x $65 per hour = $195   Not Applicable........        $195.
 per MLG actuator.
------------------------------------------------------------------------

    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.

Authority for this Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
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 AD.

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under

[[Page 1331]]

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.
    Will this AD involve a significant rule or regulatory action? 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); 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 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 
``Docket No. 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2005-01-11 Pilatus Aircraft Ltd.: Amendment 39-13935; Docket No. 
FAA-2004-19221; Directorate Identifier 2004-CE-28-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on February 22, 2005.

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 MLG actuator caused by an incorrect heat 
treating process, 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        Within 90 days after  The owner/operator
 logbook to ensure that no     February 22, 2005     holding at least a
 main landing gear (MLG)       (the effective date   private pilot
 actuator (part number (P/N)   of this AD), unless   certificate as
 960.30.01.103) with serial    already done.         authorized by
 numbers (SN) 830E through                           section 43.7 of the
 881E is installed.                                  Federal Aviation
                                                     Regulations (14 CFR
                                                     43.7) may do this
                                                     check.
(2) If you can positively     Not Applicable......  Make an entry in the
 determine that no MLG                               aircraft records
 actuator (P/N                                       showing compliance
 960.30.01.103) with SN 830E                         with paragraphs
 through 881E is installed,                          (e)(1) and (e)(2)
 then no further action is                           of this AD per
 required.                                           section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(3) If you cannot positively  Within 90 days after  Follow the
 determine that no MLG         February 22, 2005     Accomplishment
 actuator (P/N                 (the effective date   Instructions--Aircr
 960.30.01.103) with SN 830E   of this AD), unless   aft section in
 through 881E is installed,    already done.         Pilatus PC-12
 then inspect any MLG                                Service Bulletin
 actuator (P/N                                       No. 32-017, dated
 960.30.01.103) for SN 830E                          August 3, 2004.
 through 881E.
(4) If any MLG actuator (P/N  Before further        Follow the
 960.30.01.103) with SN 830E   flight after the      Accomplishment
 through 881E is found         inspection required   Instructions--Aircr
 during the inspection         by paragraph (e)(3)   aft section in
 required by paragraph         of this AD in which   Pilatus PC-12
 (e)(3) of this AD, replace    any actuator with     Service Bulletin
 the MLG actuator with a P/N   SN 830E through       No. 32-017, dated
 960.30.01.103 actuator that   881E is found.        August 3, 2004.
 has a SN other than 830E
 through 881E.
(5) Do not install any MLG    As of February 22,    Not Applicable.
 actuator (P/N                 2005 (the effective
 960.30.01.103) with SN 830E   date of this AD).
 through 881E.
------------------------------------------------------------------------

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.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in Pilatus PC-12 Service Bulletin No. 32-017, dated 
August 3, 2004. The Director of the Federal Register approved the 
incorporation by reference of this service bulletin in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this 
service information, contact Pilatus Aircraft Ltd., Customer Liaison 
Manager, CH-6371 Stans, Switzerland; telephone: +41 41 619 6208; 
facsimile: +41 41 619 7311; e-mail: <a href="/cdn-cgi/l/email-protection#9fcceaefeff0edebcfdcaeaddfeff6f3feebeaecb2a3febff7edfaf9a2" http: aircraft.com">aircraft.com</a>">SupportPC12@pilatus-aircraft.com</a> 
or from Pilatus Business Aircraft Ltd., Product Support Department, 
11755 Airport Way, Broomfield, Colorado 80021; telephone: (303) 465-
9099; facsimile: (303) 465-6040. To review copies of this service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030. To 
view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW.,

[[Page 1332]]

Nassif Building, Room PL-401, Washington, DC 20590-001 or on the 
Internet at http://dms.dot.gov. The docket number is FAA-2004-19221.

    Issued in Kansas City, Missouri, on December 28, 2004.
David A. Downey,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-185 Filed 1-6-05; 8:45 am]
BILLING CODE 4910-13-P


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