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.

Proposed Rules Federal Register

53764 

Vol. 73, No. 181 

Wednesday, September 17, 2008 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0990; Directorate 

Identifier 2008–CE–060–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pilatus 

Aircraft Ltd. Model PC–6 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. 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: 

This Airworthiness Directive (AD) is 

prompted by a potential problem with the 

freedom of the brake pedals of some PC–6 

series aircraft. 

The freedom of the brake pedals could be 

prevented because of an insufficient 

clearance between the rudder bar lugs on a 

few aircraft. In such conditions, it is possible 

that the master brake cylinder is not re-filled 

with the fluid from the reservoir, which can 

lead to a degradation of brake effectiveness. 

Mostly during landing, this can lead to 

difficulties with the directional control of the 

aircraft on ground and could cause a runway 

excursion. 

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 October 17, 2008. 

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–2008–0990; Directorate Identifier 

2008–CE–060–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:// 

www.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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No.: 2008– 

0171, dated September 9, 2008 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for the specified 

products. The MCAI states: 

This Airworthiness Directive (AD) is 

prompted by a potential problem with the 

freedom of the brake pedals of some PC–6 

series aircraft. 

The freedom of the brake pedals could be 

prevented because of an insufficient 

clearance between the rudder bar lugs on a 

few aircraft. In such conditions, it is possible 

that the master brake cylinder is not re-filled 

with the fluid from the reservoir, which can 

lead to a degradation of brake effectiveness. 

Mostly during landing, this can lead to 

difficulties with the directional control of the 

aircraft on ground and could cause a runway 

excursion. 

For the reason stated above, the present 

Airworthiness Directive mandates a check of 

the brake pedals for full and free movement 

and, if any damage is found, the modification 

of the brake pedals to restore their freedom. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Pilatus Aircraft Ltd. has issued Pilatus 

PC–6 Service Bulletin No. 32–002, 

Revision 2, dated April 29, 2008. 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 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 53765 

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 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $8,000, or $160 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 10 work-hours and require parts 

costing $100, for a cost of $900 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 

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, 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Pilatus Aircraft Ltd.: Docket No. FAA–2008– 

0990; Directorate Identifier 2008–CE– 

060–AD. 

Comments Due Date 

(a) We must receive comments by October 

17, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to 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, manufacturer serial numbers 

(MSN) 101 through 950 and MSN 2001 

through 2092, certificated in any category. 

Note 1: These airplanes may also be 

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 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

This Airworthiness Directive (AD) is 

prompted by a potential problem with the 

freedom of the brake pedals of some PC–6 

series aircraft. 

The freedom of the brake pedals could be 

prevented because of an insufficient 

clearance between the rudder bar lugs on a 

few aircraft. In such conditions, it is possible 

that the master brake cylinder is not re-filled 

with the fluid from the reservoir, which can 

lead to a degradation of brake effectiveness. 

Mostly during landing, this can lead to 

difficulties with the directional control of the 

aircraft on ground and could cause a runway 

excursion. 

For the reason stated above, the present 

Airworthiness Directive mandates a check of 

the brake pedals for full and free movement 

and, if any damage is found, the modification 

of the brake pedals to restore their freedom. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Inspect the brake pedals for full and 

free movement within 100 hours time-inservice after the effective date of this AD or 

12 months after the effective date of this AD, 

whichever occurs first, following the 

accomplishment instructions of Pilatus 

Aircraft Ltd. Pilatus PC–6 Service Bulletin 

No. 32–002, Revision 2, dated April 29, 2008. 

(2) If as a result of the inspection required 

by paragraph (f)(1) of this AD any stiffness or 

limited movement of a brake pedal is found, 

before further flight, perform the corrective 

actions in accordance with the paragraph 3.C. 

of the accomplishment instructions of Pilatus 

Aircraft Ltd. Pilatus PC–6 Service Bulletin 

No. 32–002, Revision 2, dated April 29, 2008. 

(3) As of the effective date of this AD, do 

not install any pilot or co-pilot rudder pedal 

assembly Part Number (P/N) 6232.0011.00, 

P/N 6232.0255.52, P/N 116.35.06.050, P/N 

116.35.06.053, or P/N 116.35.06.054 unless it 

has been inspected and modified as 

applicable in accordance with paragraphs 

(f)(1) and (f)(2) of this AD. 

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 


pwalker on PROD1PC71 with PROPOSALS
53766 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 

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 AD No.: 2008–0171, dated 

September 9, 2008; and Pilatus Aircraft Ltd. 

Pilatus PC–6 Service Bulletin No. 32–002, 

Revision 2, dated April 29, 2008, for related 

information. 

Issued in Kansas City, Missouri, on 

September 10, 2008. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–21691 Filed 9–16–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0991; Directorate 

Identifier 2008–CE–054–AD] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Model DA 42 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. 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: 

In-service experience indicates that the 

powder coating of the rear right hand (RH) 

engine support bracket degrades over time, 

leading to a reduced torque of the engine 

mountings bolts. In some cases, bolts had 

fully unscrewed and fell into the engine 

cowling. One case was reported where the 

pilot had to shut down an engine in flight 

because of a failed V-belt, the cause of failure 

assumed to be one of these bolts. This 

condition, if not corrected, may lead to 

further cases of loose bolts and subsequent 

damage to the engine or accessories in the 

engine compartment, possibly resulting in inflight engine shut-down and reduced control 

of the aircraft. 

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 October 17, 2008. 

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: 

Sarjapur Nagarajan, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4145; 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–2008–0991; Directorate Identifier 

2008–CE–054–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:// 

www.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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2008– 

0139, dated July 24, 2008 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

In-service experience indicates that the 

powder coating of the rear right hand (RH) 

engine support bracket degrades over time, 

leading to a reduced torque of the engine 

mountings bolts. In some cases, bolts had 

fully unscrewed and fell into the engine 

cowling. One case was reported where the 

pilot had to shut down an engine in flight 

because of a failed V-belt, the cause of failure 

assumed to be one of these bolts. This 

condition, if not corrected, may lead to 

further cases of loose bolts and subsequent 

damage to the engine or accessories in the 

engine compartment, possibly resulting in inflight engine shut-down and reduced control 

of the aircraft. 

To address and correct this situation, DAI 

has published MSB–42–058, providing 

instructions to accomplish repetitive 

inspections and correction of the fastening 

torque of the affected engine mounting bolts 

and replacement of the bolts with wiresecured bolts Part Number (P/N) D60–9071– 

26–01, after which the repetitive torque 

checks are no longer required. 

For the reasons described above, this EASA 

AD requires the accomplishment of repetitive 

torque checks of the affected engine 

mounting bolts and replacement of the bolts 

with wire-secured bolts. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Diamond Aircraft Industries GmbH 

has issued Mandatory Service Bulletin 

No. MSB–42–058, dated May 21, 2008; 

and Work Instruction WI–MSB–42–058, 

dated March 12, 2008. 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 


pwalker on PROD1PC71 with PROPOSALS