Airworthiness Directives; PILATUS AIRCRAFT LTD. Model PC-12, PC-12/45, and PC-12/47 Airplanes, 18433-18436 [E8-6958]
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18433
Rules and Regulations
Federal Register
Vol. 73, No. 66
Friday, April 4, 2008
7 CFR Part 1
management. Therefore, this rule is
exempt from the provisions of Executive
Orders 12866 and 12988. Moreover,
pursuant to 5 U.S.C. 553, notice of
proposed rulemaking and opportunity
for comment are not required for this
rule, and it may be made effective less
than 30 days after publication in the
Federal Register. In addition, under 5
U.S.C. 804, this rule is not subject to
congressional review under the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121. Finally, this action is not a rule as
defined by the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., and thus is
exempt from the provisions of that Act.
[Docket No. AMS–L&RRS–08–0015]
Paperwork Reduction Act
Rules of Practice Governing Formal
Adjudicatory Proceedings Instituted by
the Secretary Under Various Statutes
This rule contains no information
collections or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Office of the Secretary, USDA.
ACTION: Final rule.
AGENCY:
This amendment expands the
scope and applicability of the
Department’s uniform rules of practice
governing adjudicatory proceedings to
include actions initiated under the
Organic Foods Production Act of 1990.
DATES: Effective Date: April 4, 2008.
FOR FURTHER INFORMATION CONTACT:
Christine M. Sarcone, Director,
Legislative and Regulatory Review Staff,
Agricultural Marketing Service, U.S.
Department of Agriculture, 1400
Independence Avenue, SW., Room
2622–South, Washington, DC 20250–
1417. Telephone: (202) 720–3203;
Facsimile: (202) 690–3767.
SUPPLEMENTARY INFORMATION: The
Organic Foods Production Act of 1990,
as amended (7 U.S.C. 6501–6522)
(OFPA) authorizes enforcement actions
against, among other things, any person
found to be in violation of the OFPA or
a regulation issued thereunder.
The Department’s uniform rules of
practice (7 CFR part 1, subpart H),
which govern the conduct of
adjudicatory proceedings under
numerous statutes, have been in effect
since February 1, 1977. Accordingly, to
insure consistency and uniformity in
the conduct of the Department’s
administrative proceedings, it has been
determined that proceedings initiated
under the OFPA should also be
governed by these uniform procedures.
This rule relates to internal agency
ebenthall on PRODPC61 with RULES
SUMMARY:
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List of Subjects in 7 CFR Part 1
Administrative practice and
procedure, Agriculture, Antitrust,
Claims, Concessions, Cooperatives,
Equal access to justice, Federal
buildings and facilities, Freedom of
Information, Lawyers, Privacy.
I For the reasons set forth in the
preamble, Title 7 subtitle A is amended
as follows:
PART 1—ADMINISTRATIVE
REGULATIONS
1. The authority citation for part 1
continues to read as follows:
I
Authority: 5 U.S.C. 301, unless otherwise
noted.
2. The authority citation for part 1,
subpart H is revised to read as follows:
I
Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e,
228, 268, 499o, 608c(14), 1592, 1624(b), 2151,
2279e, 2621, 2714, 2908, 3812, 4610, 4815,
4910, 6009, 6107, 6207, 6307, 6411, 6519,
6520, 6808, 7107, 7734, 8313; 15 U.S.C. 1828;
16 U.S.C. 620d, 1540(f), 3373; 21 U.S.C. 104,
111, 117, 120, 122, 127, 134e, 134f, 135a,
154, 463(b), 621, 1043; 43 U.S.C. 1740; 7 CFR
2.35, 2.41.
3. In § 1.131, paragraph (a), the
following statutory reference is added in
alphabetical order:
I
§ 1.131 Scope and applicability of this
subpart.
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(a) * * *
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Organic Foods Production Act of
1990, sections 2119 and 2120 (7 U.S.C.
6519, 6520).
*
*
*
*
*
Dated: March 27, 2008.
Edward T. Schafer,
Secretary of Agriculture.
[FR Doc. E8–6764 Filed 4–3–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0070; Directorate
Identifier 2007–CE–098–AD; Amendment
39–15452; AD 2008–07–11]
RIN 2120–AA64
Airworthiness Directives; PILATUS
AIRCRAFT LTD. Model PC–12, PC–12/
45, and PC–12/47 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final Rule.
AGENCY:
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. This AD requires inserting
changes into the airworthiness
limitations of the FAA-approved
maintenance program. We are issuing
this AD to require actions to correct the
unsafe condition on these products.
DATES: This AD becomes effective May
9, 2008.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
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.
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Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on January 25, 2008 (73 FR
4497). That NPRM proposed to correct
an unsafe condition for the specified
products. The NPRM proposed to
require incorporating new limitations
into the Airworthiness Limitations
section of the Pilatus PC–12 Airplane
Maintenance Manual (AMM) 12–A/
AMP–04. The revisions to the
Airworthiness Limitations section of
AMM 12–A/AMP–04 incorporate the
following:
• Time between overhaul (TBO) for
the pitch trim actuator is reduced from
6,000 hours TIS or 5 years, whichever
occurs first, to 5,000 hours time-inservice (TIS) or 5 years, whichever
occurs first;
• The life limit for the pitch trim
actuator is increased from 10,000 hours
TIS or 13,500 flights, whichever occurs
first, to 20,000 hours TIS or 27,000
flights, whichever occurs first; and
• A life limit of 10,000 hours TIS is
introduced for the pitch trim actuator
attachment parts.
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Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Comment Issue No. 1: Unable To
Comply With AD
Scott R. Lania of Alpha Flying Inc./
Atlas Aircraft Center, Inc. and Tim
Kitzmann state that incorporating
limitations and making pen and ink
changes to the airworthiness limitations
section of the FAA-approved
maintenance manual are impractical
and impossible.
The commenters state that each
affected airplane does not have its own
maintenance manual, which makes
compliance with paragraph (f) of the
NPRM implausible. They state that most
maintenance manuals for Pilatus PC–12
airplanes are now on compact disk (CD),
which makes the pen and ink changes
required in paragraph (f)(2) of the NPRM
impossible.
The commenters believe it would be
easier to state the part numbers of the
affected pitch trim actuators and their
new TBO interval into the AD to
address the unsafe condition.
We partially agree with the
commenters. We agree that making the
pen and ink changes to the CD version
of the FAA-approved maintenance
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13:41 Apr 03, 2008
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manual would be impossible. However,
we do not agree that incorporating just
the part numbers of the affected pitch
trim actuators and their new TBO
interval into the AD addresses the
unsafe condition. That approach could
cause confusion with the latest version
of the airworthiness limitations section
of the FAA-approved maintenance
manual and would not follow the State
of Design Authority’s actions.
To address this issue, we will allow
using the CD version of the FAAapproved maintenance manual that
incorporates the November 20, 2007,
version of chapter 4 and the
corresponding version of chapter 5 as an
option for complying with the AD.
In accordance with 14 CFR 21.50 and
23.1529, the holder of a design approval
for which application was made after
January 28, 1981, is required to include
an Airworthiness Limitations section in
their FAA-approved maintenance
manual or maintenance program
(Instructions for Continued
Airworthiness). In this case, the
manufacturer issued chapter 4 to Pilatus
PC–12 AMM 12–A/AMP–04, which is
the Airworthiness Limitations section,
and it must be incorporated into the
airplane maintenance manual or
maintenance program. This AD
incorporates the November 20, 2007,
version of these limitations.
The only way for us to mandate a
version of the airworthiness limitations
section, other than what was in place at
delivery of the airplane, is through
rulemaking, e.g., AD.
We will change the final rule AD
action to incorporate the changes
mentioned above.
Comment Issue No. 2: Change
Compliance Time for TBO
Scott R. Lania of Alpha Flying Inc./
Atlas Aircraft Center, Inc. believes that
the calendar time for the TBO interval
is too early for low-time users. He
suggests 8 to 10 years as a more realistic
time for the 400- to 500-hour-a-year
users. He believes this would be more
in line with the high-time users.
We do not agree. We have no data that
allows us to deviate from the
compliance time decision of both the
type certificate (TC) holder and the State
of Design Authority. The TC holder did
not provide a conversion for the lowtime users; therefore, we are relying on
the compliance time decision of the TC
holder and State of Design Authority.
Owners/operators may request an
alternative method of compliance
(AMOC) following the procedures in 14
CFR 39.19, and the AD. We will
coordinate all requests with the TC
holder and State of Design Authority.
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We are not changing the final rule AD
action based on this comment.
Comment Issue No. 3: Request for Test
Result Data
Dan P. Johnson states that the
reduction of the hourly limit for the
TBO may be acceptable provided there
is evidence supporting it. The proposed
AD states: ‘‘based on full-scale fatigue
test, the life limit has been extended,
but the TBO reduced.’’
The commenter requests to see the
actual test results that prove a 5-year
calendar limit is warranted.
The commenter notes that the current
chapter 4 component entry for this
actuator has no calendar limitation.
These actuators are overhauled in the
United States by Derco Repair Services,
Inc. in Milwaukee, Wisconsin. The
commenter states that he contacted this
repair station last year for a quote to
overhaul one of these and was quoted a
price of around $4,500. The commenter
states that he was also told that, due to
a proprietary agreement with Pilatus,
they would not accept direct requests
for overhaul and only Pilatus could
provide service. The commenter states
that this is a common practice of Pilatus
to control U.S. parts distribution.
The commenter states that he
understands the FAA does not get
involved with costs incurred by
operators. He also states that he
understands the purpose of an AD is to
detect and correct unsafe conditions and
prevent them from happening in the
future. The commenter believes that the
FAA is assisting the TC holder in the
‘‘gouging of American operators by
agreeing to an unsubstantiated calendar
limit.’’
The commenter believes that the
hourly TBO reduction is sufficient for
14 CFR part 91 operators.
We issued the NPRM based on fullscale fatigue tests conducted by the TC
holder. The actual data is held by
Pilatus, the European Aviation Safety
Agency (EASA), and the Federal Office
of Civil Aviation (FOCA). We have no
data to show that the State of Design
Authority’s determination of the life
limits specified in the NPRM is not
valid.
We evaluated the State of Design
Authority’s information and determined
that AD action was necessary in the
United States to address an unsafe
condition that is likely to exist or
develop on airplanes of the same type
design that are type certificated for
operation in the United States. The life
limit of the component is being added
to the Airworthiness Limitations section
along with the TBO interval in order to
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Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Rules and Regulations
maintain the safe operation of this
component.
We are not changing the final rule AD
action based on this comment.
Comment Issue No. 4: AD Unnecessary
Tim Kitzmann questions why the AD
is necessary if these new limitations are
FAA-approved. The commenter points
out that 14 CFR 91.403(c) requires
compliance with airworthiness
limitations issued by the TC holder.
The commenter believes that the AD
is unnecessary since the new limitations
are part of chapter 4.
We do not agree with the commenter.
While 14 CFR 91.403(c) requires
compliance with FAA-approved
limitations issued by the TC holder, the
FAA’s regulations do not require future
incorporations of limitation section
revisions, unless additional rulemaking
action is taken, e.g., AD action. By
taking AD action, we can mandate
change to the airworthiness limitations
section of an FAA-approved
maintenance program for airplanes
operating in both 14 CFR part 91 and
part 135 operations. If these new
limitations are not mandated, the pitch
trim actuator and the pitch trim actuator
components could fail.
We are not changing the final rule AD
action based on these comments.
Comment Issue No. 5: Update Reference
to the AMM
Pilatus Aircraft Ltd. states that the
reference to Pilatus PC–12 AMM,
Chapter 4 is not correct. Due to the
implementation of a new software
publication system, Pilatus requests for
the AMM reference to be changed to
Report No. 02049, issue 1, revision 0,
dated November 20, 2007.
We partially agree with the
commenter. In order to avoid confusion,
we will incorporate the date of the new
document. Based on the documents we
have, we cannot change the way Pilatus
PC–12 AMM, Chapter 4 is referenced in
this AD. However, to accommodate
Pilatus’ new software publication
system, we will add a parenthetical to
the Pilatus PC–12 AMM, Chapter 4
reference to include Report No. 02049,
issue 1, revision 0.
We will change the final rule AD
action based on this comment.
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Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
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13:41 Apr 03, 2008
Jkt 214001
any operator or increase the scope of the
AD.
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 also have required 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 AD.
Costs of Compliance
We estimate that this AD will affect
about 500 products of U.S. registry. We
also estimate that it will take about .5
work-hour per product to comply with
the basic requirements of this AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate
the cost of this AD on U.S. operators to
be $20,000, or $40 per product.
In addition, we estimate that any
necessary follow-on actions (the
replacements required by the limitations
changes) will take about 3.5 work-hours
and require parts costing $11,960, for a
cost of $12,240 per product.
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
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18435
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 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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2008–07–11 Pilatus Aircraft Ltd.:
Amendment 39–15452; Docket No.
FAA–2008–0070; Directorate Identifier
2007–CE–098–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective May 9, 2008.
Affected ADs
(b) None.
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Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Rules and Regulations
Applicability
(c) This AD applies to Models PC–12, PC–
12/45, and PC–12/47 airplanes, all serial
numbers, certificated in any category.
Subject
(d) Air Transport Association of America
(ATA) Code 27: Flight Controls.
Reason
(e) This 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. We are
issuing this AD to mandate new life limits for
the pitch trim actuator and pitch trim
actuator attachment parts. If these new
limitations are not mandated, the pitch trim
actuator and the pitch trim actuator
components could fail. This failure could
lead to an unsafe flying configuration.
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Actions and Compliance
Note 1: Pilatus has implemented a new
software publication system. During the
implementation of this new system, the
airplane maintenance manual revision
number was reset to 0. For the purposes of
this AD, the date of issue takes prescedence
over the revision level.
(f) Unless already done, do the following
within the next 30 days after May 9, 2008
(the effective date of this AD).
(1) Insert unclassified document 12–A/
AMP–04, Structural, Component and
Miscellaneous—Airworthiness Limitations,
12–A–04–00–00–00A–000A–A, dated
October 26, 2007 (Pilatus PC–12 Airplane
Maintenance Manual, Chapter 4, Report No.
02049, Issue 1, Revision 0, dated November
20, 2007), into the airworthiness limitations
section of the FAA-approved maintenance
program (e.g., maintenance manual) or use
the CD version that incorporates the
November 20, 2007, version of chapter 4 and
the corresponding version of chapter 5. You
may use any future amendment to this
Airworthiness Limitations section provided
it does not change the inspection intervals,
requirements, or the life limits for the pitch
trim actuator and pitch trim actuator
attachment parts of the document referenced
above. The owner/operator holding at least a
private pilot certificate as authorized by 14
CFR 43.7 may do this action. Make an entry
in the aircraft records showing compliance
with this portion of the AD following 14 CFR
43.9.
(2) In order to avoid confusion with the
new pitch trim actuator limitations now
contained in chapter 4 (previously contained
in chapter 5), make pen and ink changes in
chapter 5 and line through references to
limitations for the pitch trim actuator. You
do not have to make these pen and ink
changes if you are using the CD version that
incorporates the November 20, 2007, version
of chapter 4 and the corresponding version
of chapter 5.
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
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13:41 Apr 03, 2008
Jkt 214001
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.
Issued in Kansas City, Missouri, on March
27, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–6958 Filed 4–3–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2007–0343; Airspace
Docket No. 07–AAL–21]
Revision of Class E Airspace; Anvik,
AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action revises Class E
airspace at Anvik, AK to provide
adequate controlled airspace to contain
aircraft executing Standard Instrument
Approach Procedures (SIAPs). Two new
Standard Instrument Approach
Procedures (SIAPs) and a textual
departure procedure (DP) are being
developed for the Anvik Airport.
Additionally, one SIAP is being
amended. This action revises existing
Class E airspace upward from 700 feet
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Frm 00004
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Sfmt 4700
(ft.) and 1,200 ft. above the surface at
Anvik Airport, Anvik, AK.
EFFECTIVE DATE: 0901 UTC, June 5, 2008.
The Director of the Federal Register
approves this incorporation by reference
action under title 1, Code of Federal
Regulations, part 51, subject to the
annual revision of FAA Order 7400.9
and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT: Gary
Rolf, AAL–538G, Federal Aviation
Administration, 222 West 7th Avenue,
Box 14, Anchorage, AK 99513–7587;
telephone number (907) 271–5898; fax:
(907) 271–2850; e-mail:
gary.ctr.rolf@faa.gov. Internet address:
https://www.alaska.faa.gov/at.
SUPPLEMENTARY INFORMATION:
History
On Friday, February 1, 2008, the FAA
proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR
part 71) to revise Class E airspace
upward from 700 ft. above the surface
and from 1,200 ft. above the surface at
Anvik, AK (73 FR 6058). The action was
proposed in order to create Class E
airspace sufficient in size to contain
aircraft while executing SIAPs for the
Anvik Airport. Class E controlled
airspace extending upward from 700 ft.
above the surface and from 1,200 ft.
above the surface in the Anvik Airport
area is revised by this action.
Interested parties were invited to
participate in this rulemaking
proceeding by submitting written
comments on the proposal to the FAA.
No comments were received. The rule is
adopted as proposed.
The area will be depicted on
aeronautical charts for pilot reference.
The coordinates for this airspace docket
are based on North American Datum 83.
The Class E airspace areas designated as
700/1,200 ft. transition areas are
published in paragraph 6005 of FAA
Order 7400.9R, Airspace Designations
and Reporting Points, signed August 15,
2007, and effective September 15, 2007,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
The Rule
This amendment to 14 CFR part 71
revises Class E airspace at the Anvik
Airport, Alaska. This Class E airspace is
revised to accommodate aircraft
executing new and amended SIAPs, and
a new DP, and will be depicted on
aeronautical charts for pilot reference.
The intended effect of this rule is to
provide adequate controlled airspace for
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Agencies
[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Rules and Regulations]
[Pages 18433-18436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6958]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0070; Directorate Identifier 2007-CE-098-AD;
Amendment 39-15452; AD 2008-07-11]
RIN 2120-AA64
Airworthiness Directives; PILATUS AIRCRAFT LTD. Model PC-12, PC-
12/45, and PC-12/47 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final Rule.
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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. This AD requires inserting changes into the
airworthiness limitations of the FAA-approved maintenance program. We
are issuing this AD to require actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective May 9, 2008.
ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
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.
[[Page 18434]]
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 25, 2008 (73
FR 4497). That NPRM proposed to correct an unsafe condition for the
specified products. The NPRM proposed to require incorporating new
limitations into the Airworthiness Limitations section of the Pilatus
PC-12 Airplane Maintenance Manual (AMM) 12-A/AMP-04. The revisions to
the Airworthiness Limitations section of AMM 12-A/AMP-04 incorporate
the following:
Time between overhaul (TBO) for the pitch trim actuator is
reduced from 6,000 hours TIS or 5 years, whichever occurs first, to
5,000 hours time-in-service (TIS) or 5 years, whichever occurs first;
The life limit for the pitch trim actuator is increased
from 10,000 hours TIS or 13,500 flights, whichever occurs first, to
20,000 hours TIS or 27,000 flights, whichever occurs first; and
A life limit of 10,000 hours TIS is introduced for the
pitch trim actuator attachment parts.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Comment Issue No. 1: Unable To Comply With AD
Scott R. Lania of Alpha Flying Inc./Atlas Aircraft Center, Inc. and
Tim Kitzmann state that incorporating limitations and making pen and
ink changes to the airworthiness limitations section of the FAA-
approved maintenance manual are impractical and impossible.
The commenters state that each affected airplane does not have its
own maintenance manual, which makes compliance with paragraph (f) of
the NPRM implausible. They state that most maintenance manuals for
Pilatus PC-12 airplanes are now on compact disk (CD), which makes the
pen and ink changes required in paragraph (f)(2) of the NPRM
impossible.
The commenters believe it would be easier to state the part numbers
of the affected pitch trim actuators and their new TBO interval into
the AD to address the unsafe condition.
We partially agree with the commenters. We agree that making the
pen and ink changes to the CD version of the FAA-approved maintenance
manual would be impossible. However, we do not agree that incorporating
just the part numbers of the affected pitch trim actuators and their
new TBO interval into the AD addresses the unsafe condition. That
approach could cause confusion with the latest version of the
airworthiness limitations section of the FAA-approved maintenance
manual and would not follow the State of Design Authority's actions.
To address this issue, we will allow using the CD version of the
FAA-approved maintenance manual that incorporates the November 20,
2007, version of chapter 4 and the corresponding version of chapter 5
as an option for complying with the AD.
In accordance with 14 CFR 21.50 and 23.1529, the holder of a design
approval for which application was made after January 28, 1981, is
required to include an Airworthiness Limitations section in their FAA-
approved maintenance manual or maintenance program (Instructions for
Continued Airworthiness). In this case, the manufacturer issued chapter
4 to Pilatus PC-12 AMM 12-A/AMP-04, which is the Airworthiness
Limitations section, and it must be incorporated into the airplane
maintenance manual or maintenance program. This AD incorporates the
November 20, 2007, version of these limitations.
The only way for us to mandate a version of the airworthiness
limitations section, other than what was in place at delivery of the
airplane, is through rulemaking, e.g., AD.
We will change the final rule AD action to incorporate the changes
mentioned above.
Comment Issue No. 2: Change Compliance Time for TBO
Scott R. Lania of Alpha Flying Inc./Atlas Aircraft Center, Inc.
believes that the calendar time for the TBO interval is too early for
low-time users. He suggests 8 to 10 years as a more realistic time for
the 400- to 500-hour-a-year users. He believes this would be more in
line with the high-time users.
We do not agree. We have no data that allows us to deviate from the
compliance time decision of both the type certificate (TC) holder and
the State of Design Authority. The TC holder did not provide a
conversion for the low-time users; therefore, we are relying on the
compliance time decision of the TC holder and State of Design
Authority. Owners/operators may request an alternative method of
compliance (AMOC) following the procedures in 14 CFR 39.19, and the AD.
We will coordinate all requests with the TC holder and State of Design
Authority.
We are not changing the final rule AD action based on this comment.
Comment Issue No. 3: Request for Test Result Data
Dan P. Johnson states that the reduction of the hourly limit for
the TBO may be acceptable provided there is evidence supporting it. The
proposed AD states: ``based on full-scale fatigue test, the life limit
has been extended, but the TBO reduced.''
The commenter requests to see the actual test results that prove a
5-year calendar limit is warranted.
The commenter notes that the current chapter 4 component entry for
this actuator has no calendar limitation. These actuators are
overhauled in the United States by Derco Repair Services, Inc. in
Milwaukee, Wisconsin. The commenter states that he contacted this
repair station last year for a quote to overhaul one of these and was
quoted a price of around $4,500. The commenter states that he was also
told that, due to a proprietary agreement with Pilatus, they would not
accept direct requests for overhaul and only Pilatus could provide
service. The commenter states that this is a common practice of Pilatus
to control U.S. parts distribution.
The commenter states that he understands the FAA does not get
involved with costs incurred by operators. He also states that he
understands the purpose of an AD is to detect and correct unsafe
conditions and prevent them from happening in the future. The commenter
believes that the FAA is assisting the TC holder in the ``gouging of
American operators by agreeing to an unsubstantiated calendar limit.''
The commenter believes that the hourly TBO reduction is sufficient
for 14 CFR part 91 operators.
We issued the NPRM based on full-scale fatigue tests conducted by
the TC holder. The actual data is held by Pilatus, the European
Aviation Safety Agency (EASA), and the Federal Office of Civil Aviation
(FOCA). We have no data to show that the State of Design Authority's
determination of the life limits specified in the NPRM is not valid.
We evaluated the State of Design Authority's information and
determined that AD action was necessary in the United States to address
an unsafe condition that is likely to exist or develop on airplanes of
the same type design that are type certificated for operation in the
United States. The life limit of the component is being added to the
Airworthiness Limitations section along with the TBO interval in order
to
[[Page 18435]]
maintain the safe operation of this component.
We are not changing the final rule AD action based on this comment.
Comment Issue No. 4: AD Unnecessary
Tim Kitzmann questions why the AD is necessary if these new
limitations are FAA-approved. The commenter points out that 14 CFR
91.403(c) requires compliance with airworthiness limitations issued by
the TC holder.
The commenter believes that the AD is unnecessary since the new
limitations are part of chapter 4.
We do not agree with the commenter. While 14 CFR 91.403(c) requires
compliance with FAA-approved limitations issued by the TC holder, the
FAA's regulations do not require future incorporations of limitation
section revisions, unless additional rulemaking action is taken, e.g.,
AD action. By taking AD action, we can mandate change to the
airworthiness limitations section of an FAA-approved maintenance
program for airplanes operating in both 14 CFR part 91 and part 135
operations. If these new limitations are not mandated, the pitch trim
actuator and the pitch trim actuator components could fail.
We are not changing the final rule AD action based on these
comments.
Comment Issue No. 5: Update Reference to the AMM
Pilatus Aircraft Ltd. states that the reference to Pilatus PC-12
AMM, Chapter 4 is not correct. Due to the implementation of a new
software publication system, Pilatus requests for the AMM reference to
be changed to Report No. 02049, issue 1, revision 0, dated November 20,
2007.
We partially agree with the commenter. In order to avoid confusion,
we will incorporate the date of the new document. Based on the
documents we have, we cannot change the way Pilatus PC-12 AMM, Chapter
4 is referenced in this AD. However, to accommodate Pilatus' new
software publication system, we will add a parenthetical to the Pilatus
PC-12 AMM, Chapter 4 reference to include Report No. 02049, issue 1,
revision 0.
We will change the final rule AD action based on this comment.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 also have required 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 AD.
Costs of Compliance
We estimate that this AD will affect about 500 products of U.S.
registry. We also estimate that it will take about .5 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $20,000, or $40 per product.
In addition, we estimate that any necessary follow-on actions (the
replacements required by the limitations changes) will take about 3.5
work-hours and require parts costing $11,960, for a cost of $12,240 per
product.
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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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 adding the following new AD:
2008-07-11 Pilatus Aircraft Ltd.: Amendment 39-15452; Docket No.
FAA-2008-0070; Directorate Identifier 2007-CE-098-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 9,
2008.
Affected ADs
(b) None.
[[Page 18436]]
Applicability
(c) This AD applies to Models PC-12, PC-12/45, and PC-12/47
airplanes, all serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.
Reason
(e) This 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. We are issuing this AD to mandate new life limits for the
pitch trim actuator and pitch trim actuator attachment parts. If
these new limitations are not mandated, the pitch trim actuator and
the pitch trim actuator components could fail. This failure could
lead to an unsafe flying configuration.
Actions and Compliance
Note 1: Pilatus has implemented a new software publication
system. During the implementation of this new system, the airplane
maintenance manual revision number was reset to 0. For the purposes
of this AD, the date of issue takes prescedence over the revision
level.
(f) Unless already done, do the following within the next 30
days after May 9, 2008 (the effective date of this AD).
(1) Insert unclassified document 12-A/AMP-04, Structural,
Component and Miscellaneous--Airworthiness Limitations, 12-A-04-00-
00-00A-000A-A, dated October 26, 2007 (Pilatus PC-12 Airplane
Maintenance Manual, Chapter 4, Report No. 02049, Issue 1, Revision
0, dated November 20, 2007), into the airworthiness limitations
section of the FAA-approved maintenance program (e.g., maintenance
manual) or use the CD version that incorporates the November 20,
2007, version of chapter 4 and the corresponding version of chapter
5. You may use any future amendment to this Airworthiness
Limitations section provided it does not change the inspection
intervals, requirements, or the life limits for the pitch trim
actuator and pitch trim actuator attachment parts of the document
referenced above. The owner/operator holding at least a private
pilot certificate as authorized by 14 CFR 43.7 may do this action.
Make an entry in the aircraft records showing compliance with this
portion of the AD following 14 CFR 43.9.
(2) In order to avoid confusion with the new pitch trim actuator
limitations now contained in chapter 4 (previously contained in
chapter 5), make pen and ink changes in chapter 5 and line through
references to limitations for the pitch trim actuator. You do not
have to make these pen and ink changes if you are using the CD
version that incorporates the November 20, 2007, version of chapter
4 and the corresponding version of chapter 5.
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 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.
Issued in Kansas City, Missouri, on March 27, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-6958 Filed 4-3-08; 8:45 am]
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