Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 66749 

Actions Compliance Procedures 

(iii) If you find any damaged (that is, sharp) 

edge on the support tray for the attachment cables of switches below the 

switch panels of the left-hand instrument 

panel, grind off any sharp edges and 

clean thoroughly. 

Before further flight after the inspection required by paragraph (e)(1) of this AD.Follow GROB Service Bulletin No. MSB1121–

065, dated July 1, 2005. 

(3) Apply anti-rub (padding strips to the edge of 

the support tray for the attachment cables of 

switches below the switch panels of the lefthand instrument panel..

Before further flight after the inspection required by paragraph (e)(1) of this AD. This 

modification is required even if damage is 

not found during the inspections.

Follow GROB Service Bulletin No. MSB1121–

065, dated July 1, 2005. 

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 Karl Schletzbaum, 

Aerospace Engineer, FAA, Small Airplane 

Directorate, 901 Locust, Room 301, Kansas 

City, Missouri 64106; telephone: (816) 329–

4146; facsimile: (816) 329–4090. 

Is There Other Information That Relates to 

This Subject? 

(g) German AD Number D–2005–242, 

effective date: July 1, 2005, 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 GROB 

Service Bulletin No. MSB1121–065, dated 

July 1, 2005. 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 GROB Luft-und 

Raumfahrt, Lettenbachstrasse 9, D–86874 

Tussenhausen-Mattsies, Federal Republic of 

Germany; telephone: 011 49 8268 998139; 

facsimile: 011 49 8268 998200. 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., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http:// 

dms.dot.gov. The docket number is FAA–

2005–21998; Directorate Identifier 2005–CE–

40–AD. 

Issued in Kansas City, Missouri, on 

October 25, 2005. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–21800 Filed 11–2–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21835; Directorate 

Identifier 2005–CE–35–AD; Amendment 39–

14357; AD 2005–22–13] 

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. 

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for certain 

Pilatus Aircraft Ltd. (Pilatus) Models 

PC–12 and PC–12/45 airplanes. This AD 

requires you to inspect the left and right 

main landing gear (MLG) assemblies for 

any part number (P/N) 532.10.12.077 or 

FAA-approved equivalent part number 

bolts that do not have white primed and 

painted heads; and replace any bolt 

found with new P/N 532.10.12.077F or 

FAA-approved equivalent part number 

bolts in all MLG assemblies. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

issued by the airworthiness authority for 

Switzerland. We are issuing this AD to 

detect and correct any P/N 

532.10.12.077 or FAA-approved 

equivalent part number bolts that do not 

have white primed and painted heads, 

which could result in corrosion of the 

bolt and consequent failure of the bolt. 

This failure could lead to MLG collapse 

during airplane landing and take-off 

operations with consequent loss of 

airplane control. 

DATES: This AD becomes effective on 

December 19, 2005. 

As of December 19, 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; email: SupportPC12@pilatus-aircraft.com 

or from Pilatus Business Aircraft Ltd., 

Product Support Department, 11755 

Airport Way, Broomfield, Colorado 

80021; telephone: (303) 465–9099; 

facsimile: (303) 465–6040. 

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–

0001 or on the Internet at http:// 

dms.dot.gov. The docket number is 

FAA–2005–21835; Directorate Identifier 

2005–CE–35–AD. 

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 certain Pilatus Models PC–

12 and PC–12/45 airplanes. The FOCA 

reports part number (P/N) 532.10.12.077 

bolts that do not have white primed and 

painted heads are subject to corrosion. 

These bolts attach the hydraulic 

actuators to the left and right main 

landing gear (MLG) assemblies. The 

FOCA further reports the separation of 

a bolt head in an MLG assembly has 

occurred due to corrosion. The 

corrosion occurred because the bolt 

head was not primed and painted. 

66750 Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 

Pilatus has designed and produced a 

new bolt (P/N 532.10.12.077F) as part of 

Modification Kit No. 500.50.12.299 to 

replace the subject bolt. Pilatus 

recommends the replacement of bolts in 

pairs. 

What is the potential impact if FAA 

took no action? Corrosion of the bolt 

could lead to MLG collapse during 

airplane landing and take-off operations 

with consequent loss of airplane 

control. 

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 certain 

Pilatus Aircraft Ltd. (Pilatus) Models 

PC–12 and PC–12/45 airplanes. This 

proposal was published in the Federal 

Register as a notice of proposed 

rulemaking (NPRM) on August 2, 2005 

(70 FR 44297). The NPRM proposed to 

require you to inspect the left and right 

main landing gear (MLG) assemblies for 

any part number (P/N) 532.10.12.077 

bolts that do not have white primed and 

painted heads; and replace any bolt 

found with new P/N 532.10.12.077F 

bolts in all MLG assemblies. 

Comments 

Was the public invited to comment? 

We provided the public the opportunity 

to participate in developing this AD. 

The following presents the comments 

received on the proposal and FAA’s 

response to each comment: 

Comment Issue: Include Parts 

Manufacture Approval (PMA) Parts 

Approved by Identicality in Both the 

Parts Replaced and the Replacement 

Parts 

What is the commenters’ concern? 

Two commenters specifically ask that 

the FAA address PMA parts approved 

by identicality in both the parts 

replaced (unsafe condition) and the 

replacement parts (correction of 

condition). Specifically, the commenters 

state: 

1. One commenter believes FAA 

should add the phrase ‘‘or FAAapproved equivalent part number’’ to 

the replacement part as it did with the 

parts replaced; and 

2. Another commenter states that 

restricting parts to be replaced and parts 

installed to just those cited in the 

manufacturer service bulletin is not 

good form and might establish a 

dangerous precedent. The commenter 

believes that installed PMA parts could 

have the same unsafe condition and that 

the owner/operator should have the 

option of installing equivalent parts 

without applying for an alternative 

method of compliance (AMOC). The 

commenter also believes that the phrase 

‘‘or FAA-approved equivalent part 

number’’ is inadequate for replacement 

parts and proposes language to clarify 

that phrase. 

What is FAA’s response to the 

concern? The FAA concurs with all the 

comments above. The FAA will add 

information to further clarify the phrase 

‘‘or FAA-approved equivalent part 

number’’, and add the phrase to cover 

the PMA replacement parts. 

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: 

—Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

—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 9:00 a.m. 

and 5:00 p.m. (eastern 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 

350 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: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

1 work hour × $65 per hour = $65 ................................................................................ Not applicable ......... $65 $22,750 

We estimate the following costs to do 

any necessary single bolt replacement 

(using Modification Kit No. 

500.50.12.299) 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 

bolt replacement: 

Labor cost Parts cost Total cost per 

airplane 

3 work hours × $65 per hour = $195 ........................................ $1,000 estimate for each Modification Kit No. 500.50.12.299 $1,195 

Pilatus will provide warranty credit 

for inspecting and replacing the 

specified bolts to the extent stated in the 

service information. 

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 

Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 66751 

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 

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 other 

information as included in the 

Regulatory Evaluation) 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–2005–21835; 

Directorate Identifier 2005–CE–35–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 

■ 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 

■ 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. FAA amends § 39.13 by adding a 

new AD to read as follows: 

2005–22–13 Pilatus Aircraft Ltd.: 

Amendment 39–14357; Docket No. 

FAA–2005–21835; Directorate Identifier 

2005–CE–35–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on December 

19, 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, Manufacturers Serial 

Numbers (MSN) 101 through 620, 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 detect and correct any part 

number (P/N) 532.10.12.077 or FAAapproved equivalent part number bolts that 

do not have white primed and painted heads, 

which could result in corrosion of the bolt 

and consequent failure of the bolt. This 

failure of the bolt could lead to main landing 

gear (MLG) collapse during airplane landing 

and take-off operations with consequent loss 

of airplane control. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following: 

Actions Compliance Procedures 

(1) Inspect the main landing gear (MLG) assemblies, part number (P/N) 532.10.12.049 

and P/N 532.10.12.050 or FAA-approved 

equivalent part number, for any P/N 

532.10.12.077 or FAA-approved equivalent 

part number bolts that do not have white 

primed and painted heads.

Within the next 100 hours time-in-service 

(TIS) or 90 days after December 19, 2005 

(the effective date of this AD), whichever 

occurs first, unless already done.

Follow Pilatus PC12 Service Bulletin No. 32–

018, dated May 2, 2005. 

(2) Replace any P/N 532.10.12.077 bolts that 

do not have white primed and painted heads 

found as a result of the inspection required 

by paragraph (e)(1) of this AD. Replace with 

new bolts (new P/N 532.10.12.077F or FAAapproved equivalent part number) in both 

MLG assemblies.

Before further flight after inspection required 

by paragraph (e)(1) of this AD.

Follow Pilatus PC12 Service Bulletin No. 32–

018, dated May 2, 2005. 

(3) 14 CFR 21.303 allows for replacement parts 

through parts manufacturer approval (PMA). 

The phrase ‘‘or FAA-approved equivalent part 

number’’ in this AD is intended to signify 

those parts that are PMA parts approved 

through identicality to the design of the part 

under the type certificate and replacement 

parts to correct the unsafe condition under 

PMA (other than identicality). If parts are installed that are identical to the unsafe parts, 

then the corrective actions of the AD affect 

these parts also. In addition, equivalent replacement parts to correct the unsafe condition under PMA (other than identicality) may 

also be installed provided they meet current 

airworthiness standards, which include those 

actions cited in this AD.

Not Applicable .................................................. Not Applicable. 

66752 Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 

Actions Compliance Procedures 

(4) Do not install: 

(i) Any P/N 532.10.12.077 (or FAA-approved equivalent part number) bolt that 

does not have a white primed and painted head in any MLG assembly (P/N 

532.10.12.049, P/N 532.10.12.050, or 

FAA-approved equivalent part number); 

and 

(ii) Any MLG assembly (P/N 

532.10.12.049, P/N 532.10.12.050 or 

FAA-approved equivalent part number) 

that does not have P/N 532.10.12.077F 

(or FAA-approved equivalent part number) bolts with white primed and painted 

heads. 

As of December 19, 2005 (the effective date 

of this AD).

Not Applicable. 

Note: The FAA recommends that you 

return any removed bolts to Pilatus. 

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–2005–288, dated 

June 29, 2005, 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 

PC12 Service Bulletin No. 32–018, dated May 

2, 2005. 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: SupportPC12@pilatusaircraft.com 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., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http:// 

dms.dot.gov. The docket number is FAA–

2005–21835; Directorate Identifier 2005–CE–

35–AD. 

Issued in Kansas City, Missouri, on 

October 25, 2005. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–21803 Filed 11–2–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 523 

[BOP–1112–F] 

RIN 1120–AB12 

Good Conduct Time: Aliens With 

Confirmed Orders of Deportation, 

Exclusion, or Removal 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Final rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) amends its rules on 

Good Conduct Time (GCT). The purpose 

of this rule is to more effectively reduce 

the lengthy General Educational 

Development (GED) waiting lists and to 

reevaluate the ‘‘satisfactory progress in 

a literacy program’’ provision of the 

Violent Crime Control and Law 

Enforcement Act of 1994 (VCCLEA) 

and/or the Prison Litigation Reform Act 

of 1995 (PLRA) for aliens with 

confirmed orders of deportation, 

exclusion, or removal. This rule will 

increase the proportion of our literacy 

funds and resources that go to inmates 

who will remain in the U.S. after 

release. This rule will exempt inmate 

aliens with confirmed orders of 

deportation, exclusion, or removal from 

the ‘‘satisfactory progress in a literacy 

program’’ provision of the Violent Crime 

Control and Law Enforcement Act of 

1994 (VCCLEA) and/or the Prison 

Litigation Reform Act of 1995 (PLRA). 

The Bureau’s Literacy Program rules 

formerly comprised only GED 

attainment. This means that inmate 

aliens who have confirmed orders of 

deportation, exclusion, or removal, but 

do not have a high school diploma or 

GED, will not need to demonstrate 

satisfactory progress toward earning a 

GED credential to be considered for the 

full benefits of GCT. When considering 

GCT, we will allow 54 days GCT for 

each year served if the inmate is an 

alien with a confirmed order of 

deportation, exclusion, or removal from 

the Executive Office for Immigration 

Review (EOIR). 

In this document, we also reorganize 

the rule for clarity and accuracy. Other 

than the substantive change regarding 

sentenced deportable aliens, we make 

no further substantive changes. 

DATES: This rule is effective December 5, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: We 

published this change as a proposed 

rule on June 25, 2003 (68 FR 37776). 

What Is the Purpose of This Rule 

Change? 

The purpose of this rule is to more 

effectively reduce the lengthy General 

Educational Development (GED) waiting 

lists and to reevaluate the ‘‘satisfactory 

progress in a literacy program’’

provision of VCCLEA/PLRA for aliens 

with confirmed orders of deportation, 

exclusion, or removal. This rule will 

increase the proportion of our literacy 

funds and resources that go to inmates 

who will remain in the U.S. after 

release. 

VCCLEA/PLRA requires that inmates 

lacking a high school diploma or GED