Airworthiness Directives; Pilatus Aircraft Ltd. 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, 32471-32474 [E9-16142]
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32471
Proposed Rules
Federal Register
Vol. 74, No. 129
Wednesday, July 8, 2009
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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0622; Directorate
Identifier 2009–CE–034–AD]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd. 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
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
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SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above that would
supersede an existing AD. 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:
Findings of corrosion, wear and cracks in
the upper wing strut fittings on some PC–6
aircraft have been reported in the past. It is
possible that the spherical bearing of the
wing strut fittings installed in the underwing
can be loose in the fitting or cannot rotate
because of corrosion. In this condition, the
joint cannot function as designed and fatigue
cracks may then develop. Undetected cracks,
wear and/or corrosion in this area could
cause failure of the upper attachment fitting,
leading to failure of the wing structure and
subsequent loss of 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 August 7, 2009.
ADDRESSES: You may send comments by
any of the following methods:
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17:19 Jul 07, 2009
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• Federal eRulemaking Portal: Go to
https://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 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 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–2009–0622; Directorate Identifier
2009–CE–034–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 https://
regulations.gov, including any personal
information you provide. We will also
post a report summarizing each
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Fmt 4702
Sfmt 4702
substantive verbal contact we receive
about this proposed AD.
Discussion
On September 13, 2007, we issued AD
2007–19–14, Amendment 39–15205 (72
FR 53920; September 21, 2007), which
superseded AD 2007–15–09,
Amendment 39–15138 (72 FR 41436;
July 30, 2007), issued on July 19, 2007.
AD 2007–15–09 superseded AD 2007–
03–08, Amendment 39–14919 (72 FR
4635; February 1, 2007), issued January
24, 2007. Those ADs required actions
intended to address an unsafe condition
on the products listed above.
Since we issued AD 2007–19–14,
Pilatus has developed new wing strut
fittings that require repetitive visual and
eddy current inspections. In addition,
fatigue test results show the eddy
current repetitive inspection interval for
the old wing strut fittings can be
extended to 1,100 hours time-in-service
(TIS) or 12 calendar months, whichever
occurs first.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued AD No.: 2007–
0241R3, dated May 6, 2009 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
Findings of corrosion, wear and cracks in
the upper wing strut fittings on some PC–6
aircraft have been reported in the past. It is
possible that the spherical bearing of the
wing strut fittings installed in the underwing
can be loose in the fitting or cannot rotate
because of corrosion. In this condition, the
joint cannot function as designed and fatigue
cracks may then develop. Undetected cracks,
wear and/or corrosion in this area could
cause failure of the upper attachment fitting,
leading to failure of the wing structure and
subsequent loss of control of the aircraft.
To address this problem, FOCA published
AD TM–L Nr. 80.627–6/Index 72–2 and HB–
2006–400 and EASA published AD 2007–
0114 to require specific inspections and to
obtain a fleet status. Since the issuance of AD
2007–0114, the reported data proved that it
was necessary to establish and require
repetitive inspections.
EASA published Emergency AD 2007–
0241–E to extend the applicability and to
require repetitive eddy current and visual
inspections of the upper wing strut fitting for
evidence of cracks, wear and/or corrosion
and examination of the spherical bearing and
replacement of cracked fittings. Collected
data received in response to Emergency AD
2007–0241–E resulted in the issuance of
EASA AD 2007–0241R1 that permitted
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08JYP1
32472
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules
extending the intervals for the repetitive
eddy current and visual inspections from 100
Flight Hours (FH) to 300 FH and from 150
Flight Cycles (FC) to 450 FC, respectively. In
addition, oversize bolts were introduced by
Pilatus PC–6 Service Bulletin (SB) 57–005 R1
and the fitting replacement procedure was
adjusted accordingly.
Based on fatigue test results, EASA AD
2007–0241R2 was issued to extend the
repetitive inspection interval to 1 100 FH or
12 calendar months, whichever occurs first,
and to delete the related flight cycle intervals
and the requirement for the ‘‘Mild Corrosion
Severity Zone’’. In addition, some editorial
changes have been made for reasons of
standardization and readability.
Revision 3 of this AD refers to the latest
revision of the PC–6 Aircraft Maintenance
Manual (AMM) Chapter 5 limitations which
includes the same repetitive inspection
intervals and procedures already mandated
in the revision 2 of AD 2007–0241. Besides
the inspections, the latest revision of the PC–
6 AMM contains the replacement procedures
for the fittings.
Additionally, it is possible to replace the
wing strut fitting with a new designed wing
strut fitting. With this optional part
replacement, in the repetitive inspection
procedure the 1 100 FH interval is deleted so
that only calendar defined intervals of
inspections remain applicable.
You may obtain further information
by examining the MCAI in the AD
docket.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Relevant Service Information
Pilatus Aircraft Ltd. has issued Pilatus
Aircraft Ltd. Pilatus PC–6 Service
Bulletin No. 57–005, REV No. 2, dated
May 19, 2008; and Chapter 57–00–02 of
Pilatus Aircraft Ltd. Pilatus PC–6
Aircraft Maintenance, dated November
30, 2008 (referenced as revision 9 in
EASA AD No.: 2007–0241R3). 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
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17:19 Jul 07, 2009
Jkt 217001
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 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 7 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 $28,000, or $560 per
product.
In addition, we estimate that any
necessary follow-on actions would take
about 30 work-hours and require parts
costing $5,000, for a cost of $7,400 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
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
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, Incorporation by reference,
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
removing Amendment 39–15205 (72 FR
53920; September 21, 2007), and adding
the following new AD:
Pilatus Aircraft Ltd.: Docket No. FAA–2009–
0622; Directorate Identifier 2009–CE–
034–AD.
Comments Due Date
(a) We must receive comments by August
7, 2009.
Affected ADs
(b) This AD supersedes AD 2007–19–14,
Amendment 39–15205 (72 FR 53920;
September 21, 2007).
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 999 and MSN 2001
through 2092, certificated in any category.
Note 1: These airplanes are also 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.
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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Subject
(d) Air Transport Association of America
(ATA) Code 57: Wings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Findings of corrosion, wear and cracks in
the upper wing strut fittings on some PC–6
aircraft have been reported in the past. It is
possible that the spherical bearing of the
wing strut fittings installed in the underwing
can be loose in the fitting or cannot rotate
because of corrosion. In this condition, the
joint cannot function as designed and fatigue
cracks may then develop. Undetected cracks,
wear and/or corrosion in this area could
cause failure of the upper attachment fitting,
leading to failure of the wing structure and
subsequent loss of control of the aircraft.
To address this problem, FOCA published
AD TM–L Nr. 80.627–6/Index 72–2 and HB–
2006–400 and EASA published AD 2007–
0114 to require specific inspections and to
obtain a fleet status. Since the issuance of AD
2007–0114, the reported data proved that it
was necessary to establish and require
repetitive inspections.
EASA published Emergency AD 2007–
0241–E to extend the applicability and to
require repetitive eddy current and visual
inspections of the upper wing strut fitting for
evidence of cracks, wear and/or corrosion
and examination of the spherical bearing and
replacement of cracked fittings. Collected
data received in response to Emergency AD
2007–0241–E resulted in the issuance of
EASA AD 2007–0241R1 that permitted
extending the intervals for the repetitive
eddy current and visual inspections from 100
Flight Hours (FH) to 300 FH and from 150
Flight Cycles (FC) to 450 FC, respectively. In
addition, oversize bolts were introduced by
Pilatus PC–6 Service Bulletin (SB) 57–005 R1
and the fitting replacement procedure was
adjusted accordingly.
Based on fatigue test results, EASA AD
2007–0241R2 was issued to extend the
repetitive inspection interval to 1 100 FH or
12 calendar months, whichever occurs first,
and to delete the related flight cycle intervals
and the requirement for the ‘‘Mild Corrosion
Severity Zone’’. In addition, some editorial
changes have been made for reasons of
standardization and readability.
Revision 3 of this AD refers to the latest
revision of the PC–6 Aircraft Maintenance
Manual (AMM) Chapter 5 limitations which
includes the same repetitive inspection
intervals and procedures already mandated
in the revision 2 of AD 2007–0241. Besides
the inspections, the latest revision of the PC–
6 AMM contains the replacement procedures
for the fittings.
Additionally, it is possible to replace the
wing strut fitting with a new designed wing
strut fitting. With this optional part
replacement, in the repetitive inspection
procedure the 1 100 FH interval is deleted so
that only calendar defined intervals of
inspections remain applicable.
Actions and Compliance
(f) Unless already done, do the following
actions:
(1) For airplanes that have not had both
wing strut fittings replaced within the last
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17:19 Jul 07, 2009
Jkt 217001
100 hours time-in-service (TIS) before
September 26, 2007 (the effective date of AD
2007–19–14) or have not been inspected
using an eddy current inspection method
following Pilatus Aircraft Ltd. Pilatus PC–6
Service Bulletin No. 57–004, dated April 16,
2007, within the last 100 hours TIS before
September 26, 2007 (the effective date of AD
2007–19–14): Before further flight after
September 26, 2007 (the effective date of AD
2007–19–14), visually inspect the upper wing
strut fittings and examine the spherical
bearings following the Pilatus Aircraft Ltd.
Pilatus PC–6 Service Bulletin No. 57–005,
REV No. 2, dated May 19, 2008.
(2) For all airplanes: Within 25 hours TIS
after September 26, 2007 (the effective date
of AD 2007–19–14), or within 30 days after
September 26, 2007 (the effective date of AD
2007–19–14), whichever occurs first, visually
and using eddy current methods, inspect the
upper wing strut fittings and examine the
spherical bearings following Pilatus Aircraft
Ltd. Pilatus PC–6 Service Bulletin No. 57–
005, REV No. 2, dated May 19, 2008.
(3) After doing the inspection specified in
paragraph (f)(2) of this AD or replacing the
upper wing strut fitting, repetitively do the
following inspections:
(i) For all airplanes: At intervals not to
exceed every 3 calendar months visually
inspect the upper wing strut fittings and
examine the spherical bearings following
Chapter 57–00–02 of Pilatus Aircraft Ltd.
Pilatus PC–6 Aircraft Maintenance Manual,
dated November 30, 2008 (referenced as
revision 9 in EASA AD No.: 2007–0241R3).
For airplanes equipped with wing strut
fitting part number (P/N) 6102.0041.00, P/N
111.35.06.055, P/N 111.35.06.056, P/N
111.35.06.184, P/N 111.35.06.185, or P/N
111.35.06.186, you may also do these
inspections following Pilatus Aircraft Ltd.
Pilatus PC–6 Service Bulletin No. 57–005,
REV No. 2, dated May 19, 2008.
(ii) For airplanes equipped with wing strut
fitting P/N 6102.0041.00, P/N 111.35.06.055,
P/N 111.35.06.056, P/N 111.35.06.184, P/N
111.35.06.185, or P/N 111.35.06.186: At
intervals not to exceed every 1,100 hours TIS
or 12 calendar months, whichever occurs
first, visually and using eddy current
methods, inspect the upper wing strut fittings
and examine the spherical bearings following
Pilatus Aircraft Ltd. Pilatus PC–6 Service
Bulletin No. 57–005, REV No. 2, dated May
19, 2008, or Chapter 57–00–02 of Pilatus
Aircraft Ltd. Pilatus PC–6 Aircraft
Maintenance Manual, dated November 30,
2008 (referenced as revision 9 in EASA AD
No.: 2007–0241R3).
(iii) For airplanes equipped with wing strut
fitting P/N 111.35.06.193, P/N 111.35.06.194,
or P/N 111.35.06.195: At intervals not to
exceed every 12 calendar months, visually
and using eddy current methods, inspect the
upper wing strut fittings and examine the
spherical bearings following Chapter 57–00–
02 of Pilatus Aircraft Ltd. Pilatus PC–6
Aircraft Maintenance Manual, dated
November 30, 2008 (referenced as revision 9
in EASA AD No.: 2007–0241R3).
(4) You may also take ‘‘unless already
done’’ credit for any inspection specified in
paragraph (f)(1), (f)(2), or (f)(3) of this AD if
done before the effective date of this AD
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32473
following Pilatus Aircraft Ltd. Pilatus PC–6
Service Bulletin No. 57–005, dated August
30, 2007; or Pilatus Aircraft Ltd. Pilatus PC–
6 Service Bulletin No. 57–005, REV No. 1,
dated November 19, 2007.
(5) For all airplanes: If during any
inspection required by paragraph (f)(1), (f)(2),
or (f)(3) of this AD you find the following
conditions, before further flight, replace the
specified part following Chapter 57–00–02 of
Pilatus Aircraft Ltd. Pilatus PC–6 Aircraft
Maintenance Manual, dated November 30,
2008 (referenced as revision 9 in EASA AD
No.: 2007–0241R3):
(i) Cracks in the upper wing strut fitting;
or
(ii) The spherical bearing is not in
conformity.
(6) For all airplanes: Replacement of one or
both upper wing strut fitting(s) does not
terminate the repetitive inspection specified
in paragraph (f)(3) of this AD.
FAA AD Differences
Note: 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):
(i) 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.
(ii) AMOCs approved for AD 2007–19–14
are not approved for this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et. seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) AD No.: 2007–0241R3,
dated May 6, 2009; Pilatus Aircraft Ltd.
Pilatus PC–6 Service Bulletin No. 57–005,
REV No. 2, dated May 19, 2008; Pilatus
Aircraft Ltd. Pilatus PC–6 Service Bulletin
No. 57–005, REV No. 1, dated November 19,
2007; Pilatus Aircraft Ltd. Pilatus PC–6
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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules
Service Bulletin No. 57–005, dated August
30, 2007; Pilatus Aircraft Ltd. Pilatus PC–6
Service Bulletin No. 57–004, dated April 16,
2007; and Chapter 57–00–02 of Pilatus
Aircraft Ltd. Pilatus PC–6 Aircraft
Maintenance Manual, dated November 30,
2008 (referenced as revision 9 in EASA AD
No.: 2007–0241R3), for related information.
Issued in Kansas City, Missouri, on July 1,
2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–16142 Filed 7–7–09; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR PART 240
[Release No. 34–60218; File No. S7–12–09]
RIN 3235–AK31
Shareholder Approval of Executive
Compensation of TARP Recipients
mstockstill on DSKH9S0YB1PROD with PROPOSALS
AGENCY: Securities and Exchange
Commission.
ACTION: Proposed rule.
SUMMARY: We are proposing
amendments to the proxy rules under
the Securities Exchange Act of 1934 to
set forth certain requirements for U.S.
registrants subject to Section 111(e) of
the Emergency Economic Stabilization
Act of 2008. Section 111(e) of the
Emergency Economic Stabilization Act
of 2008 requires companies that have
received financial assistance under the
Troubled Asset Relief Program
(‘‘TARP’’) to permit a separate
shareholder advisory vote to approve
the compensation of executives, as
disclosed pursuant to the compensation
disclosure rules of the Commission,
during the period in which any
obligation arising from financial
assistance provided under the TARP
remains outstanding. The proposed
amendments are intended to help
implement this requirement by
specifying and clarifying it in the
context of the federal proxy rules.
DATES: Comments should be received on
or before September 8, 2009.
ADDRESSES: Comments may be
submitted by any of the following
methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/proposed.shtml );
• Send an e-mail to rulecomments@sec.gov. Please include File
Number S7–12–09 on the subject line;
or
VerDate Nov<24>2008
17:19 Jul 07, 2009
Jkt 217001
• Use the Federal Rulemaking Portal
(https://www.regulations.gov). Follow the
instructions for submitting comments.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number S7–12–09. This file number
should be included on the subject line
if e-mail is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet Web site
(https://www.sec.gov/rules/
proposed.shtml ). Comments are also
available for public inspection and
copying in the Commission’s Public
Reference Room, 100 F Street, NE,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. All comments received
will be posted without change; we do
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT: John
Harrington, Attorney-Adviser, or N.
Sean Harrison, Special Counsel,
Division of Corporation Finance, at
(202) 551–3430, or Division of
Corporation Finance, at (202) 551–3430,
U.S. Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–3628.
SUPPLEMENTARY INFORMATION: We are
proposing a new Rule 14a–20 and
amendments to Schedule 14A1 under
the Securities Exchange Act of 1934
(‘‘Exchange Act’’).2
I. Background
The American Recovery and
Reinvestment Act of 2009 (‘‘ARRA’’)
was enacted on February 17, 2009.3
Section 7001 of the ARRA amended the
executive compensation and corporate
governance provisions of Section 111 of
the Emergency Economic Stabilization
Act of 2008 (‘‘EESA’’).4 Section 111(e) of
the EESA,5 as amended, requires any
CFR 240.14a–101.
U.S.C. 78a et seq.
3 Pub. L. 111–5, Title II, 110 Stat. (2009).
4 12 U.S.C. 5221.
5 Section 111(e) of the EESA, as amended,
states—
(1) ANNUAL SHAREHOLDER APPROVAL OF
EXECUTIVE COMPENSATION—Any proxy or
consent or authorization for an annual or other
meeting of the shareholders of any TARP recipient
during the period in which any obligation arising
from financial assistance provided under the TARP
remains outstanding shall permit a separate
PO 00000
1 17
2 15
Frm 00004
Fmt 4702
Sfmt 4702
entity that has received or will receive
financial assistance under the Troubled
Asset Relief Program (‘‘TARP’’) to
‘‘permit a separate shareholder vote to
approve the compensation of
executives, as disclosed pursuant to the
compensation disclosure rules of the
Commission (which disclosure shall
include the compensation discussion
and analysis, the compensation tables,
and any related material).’’ 6 Companies
that have received financial assistance
under the TARP are required to provide
this separate shareholder vote during
the period in which any obligation
arising from financial assistance
provided under the TARP remains
outstanding.7 The shareholder vote
required by Section 111(e) of the EESA
is not binding on the board of directors
of a TARP recipient, and such vote will
not be construed as overruling a board
decision or as creating or implying any
additional fiduciary duty by the board.8
The vote also will not be construed to
restrict or limit the ability of
shareholders to make proposals for
inclusion in proxy materials related to
executive compensation.9
shareholder vote to approve the compensation of
executives, as disclosed pursuant to the
compensation disclosure rules of the Commission
(which disclosure shall include the compensation
discussion and analysis, the compensation tables,
and any related material).
(2) NONBINDING VOTE—A shareholder vote
described in paragraph (1) shall not be binding on
the board of directors of a TARP recipient, and may
not be construed as overruling a decision by such
board, nor to create or imply any additional
fiduciary duty by such board, nor shall such vote
be construed to restrict or limit the ability of
shareholders to make proposals for inclusion in
proxy materials related to executive compensation.
(3) DEADLINE FOR RULEMAKING—Not later
than 1 year after the date of enactment of the
American Recovery and Reinvestment Act of 2009,
the Commission shall issue any final rules and
regulations required by this subsection.
6 We do not believe this provision changes the
Commission’s rules for a smaller reporting company
that is a TARP recipient under the EESA with
respect to the compensation discussion and
analysis (‘‘CD&A’’) disclosure. Our compensation
disclosure rules, as set forth in Item 402 of
Regulation S–K [17 CFR 229.402], permit smaller
reporting companies to provide scaled disclosure
that does not include CD&A.
7 Section 111 of the EESA defines this period to
not include any period during which the Federal
Government ‘‘only holds warrants to purchase
common stock of the TARP recipient.’’ See 12
U.S.C. 5221(a)(5).
8 Section 111(e)(2) of the EESA [12 U.S.C.
5221(e)(2)].
9 Rule 14a–8 under the Exchange Act will
continue to apply to shareholder proposals that
relate to executive compensation. Rule 14a–8
provides shareholders with an opportunity to place
a proposal in a company’s proxy materials for a vote
at an annual or special meeting of shareholders.
Under this rule, a company generally is required to
include the proposal unless the shareholder has not
complied with the rule’s procedural requirements
or the proposal falls within one of the rule’s 13
substantive bases for exclusion. To date, the staff of
E:\FR\FM\08JYP1.SGM
08JYP1
Agencies
[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Proposed Rules]
[Pages 32471-32474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16142]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 /
Proposed Rules
[[Page 32471]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0622; Directorate Identifier 2009-CE-034-AD]
RIN 2120-AA64
Airworthiness Directives; Pilatus Aircraft Ltd. 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
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 that would supersede an existing AD. 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:
Findings of corrosion, wear and cracks in the upper wing strut
fittings on some PC-6 aircraft have been reported in the past. It is
possible that the spherical bearing of the wing strut fittings
installed in the underwing can be loose in the fitting or cannot
rotate because of corrosion. In this condition, the joint cannot
function as designed and fatigue cracks may then develop. Undetected
cracks, wear and/or corrosion in this area could cause failure of
the upper attachment fitting, leading to failure of the wing
structure and subsequent loss of 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 August 7, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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 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 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-2009-0622;
Directorate Identifier 2009-CE-034-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 https://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
On September 13, 2007, we issued AD 2007-19-14, Amendment 39-15205
(72 FR 53920; September 21, 2007), which superseded AD 2007-15-09,
Amendment 39-15138 (72 FR 41436; July 30, 2007), issued on July 19,
2007. AD 2007-15-09 superseded AD 2007-03-08, Amendment 39-14919 (72 FR
4635; February 1, 2007), issued January 24, 2007. Those ADs required
actions intended to address an unsafe condition on the products listed
above.
Since we issued AD 2007-19-14, Pilatus has developed new wing strut
fittings that require repetitive visual and eddy current inspections.
In addition, fatigue test results show the eddy current repetitive
inspection interval for the old wing strut fittings can be extended to
1,100 hours time-in-service (TIS) or 12 calendar months, whichever
occurs first.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2007-0241R3, dated May 6, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Findings of corrosion, wear and cracks in the upper wing strut
fittings on some PC-6 aircraft have been reported in the past. It is
possible that the spherical bearing of the wing strut fittings
installed in the underwing can be loose in the fitting or cannot
rotate because of corrosion. In this condition, the joint cannot
function as designed and fatigue cracks may then develop. Undetected
cracks, wear and/or corrosion in this area could cause failure of
the upper attachment fitting, leading to failure of the wing
structure and subsequent loss of control of the aircraft.
To address this problem, FOCA published AD TM-L Nr. 80.627-6/
Index 72-2 and HB-2006-400 and EASA published AD 2007-0114 to
require specific inspections and to obtain a fleet status. Since the
issuance of AD 2007-0114, the reported data proved that it was
necessary to establish and require repetitive inspections.
EASA published Emergency AD 2007-0241-E to extend the
applicability and to require repetitive eddy current and visual
inspections of the upper wing strut fitting for evidence of cracks,
wear and/or corrosion and examination of the spherical bearing and
replacement of cracked fittings. Collected data received in response
to Emergency AD 2007-0241-E resulted in the issuance of EASA AD
2007-0241R1 that permitted
[[Page 32472]]
extending the intervals for the repetitive eddy current and visual
inspections from 100 Flight Hours (FH) to 300 FH and from 150 Flight
Cycles (FC) to 450 FC, respectively. In addition, oversize bolts
were introduced by Pilatus PC-6 Service Bulletin (SB) 57-005 R1 and
the fitting replacement procedure was adjusted accordingly.
Based on fatigue test results, EASA AD 2007-0241R2 was issued to
extend the repetitive inspection interval to 1 100 FH or 12 calendar
months, whichever occurs first, and to delete the related flight
cycle intervals and the requirement for the ``Mild Corrosion
Severity Zone''. In addition, some editorial changes have been made
for reasons of standardization and readability.
Revision 3 of this AD refers to the latest revision of the PC-6
Aircraft Maintenance Manual (AMM) Chapter 5 limitations which
includes the same repetitive inspection intervals and procedures
already mandated in the revision 2 of AD 2007-0241. Besides the
inspections, the latest revision of the PC-6 AMM contains the
replacement procedures for the fittings.
Additionally, it is possible to replace the wing strut fitting
with a new designed wing strut fitting. With this optional part
replacement, in the repetitive inspection procedure the 1 100 FH
interval is deleted so that only calendar defined intervals of
inspections remain applicable.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Pilatus Aircraft Ltd. has issued Pilatus Aircraft Ltd. Pilatus PC-6
Service Bulletin No. 57-005, REV No. 2, dated May 19, 2008; and Chapter
57-00-02 of Pilatus Aircraft Ltd. Pilatus PC-6 Aircraft Maintenance,
dated November 30, 2008 (referenced as revision 9 in EASA AD No.: 2007-
0241R3). 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 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 7 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 $28,000, or $560 per product.
In addition, we estimate that any necessary follow-on actions would
take about 30 work-hours and require parts costing $5,000, for a cost
of $7,400 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, Incorporation by
reference, 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-15205 (72 FR
53920; September 21, 2007), and adding the following new AD:
Pilatus Aircraft Ltd.: Docket No. FAA-2009-0622; Directorate
Identifier 2009-CE-034-AD.
Comments Due Date
(a) We must receive comments by August 7, 2009.
Affected ADs
(b) This AD supersedes AD 2007-19-14, Amendment 39-15205 (72 FR
53920; September 21, 2007).
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 999 and MSN
2001 through 2092, certificated in any category.
Note 1: These airplanes are also 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.
[[Page 32473]]
Subject
(d) Air Transport Association of America (ATA) Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Findings of corrosion, wear and cracks in the upper wing strut
fittings on some PC-6 aircraft have been reported in the past. It is
possible that the spherical bearing of the wing strut fittings
installed in the underwing can be loose in the fitting or cannot
rotate because of corrosion. In this condition, the joint cannot
function as designed and fatigue cracks may then develop. Undetected
cracks, wear and/or corrosion in this area could cause failure of
the upper attachment fitting, leading to failure of the wing
structure and subsequent loss of control of the aircraft.
To address this problem, FOCA published AD TM-L Nr. 80.627-6/
Index 72-2 and HB-2006-400 and EASA published AD 2007-0114 to
require specific inspections and to obtain a fleet status. Since the
issuance of AD 2007-0114, the reported data proved that it was
necessary to establish and require repetitive inspections.
EASA published Emergency AD 2007-0241-E to extend the
applicability and to require repetitive eddy current and visual
inspections of the upper wing strut fitting for evidence of cracks,
wear and/or corrosion and examination of the spherical bearing and
replacement of cracked fittings. Collected data received in response
to Emergency AD 2007-0241-E resulted in the issuance of EASA AD
2007-0241R1 that permitted extending the intervals for the
repetitive eddy current and visual inspections from 100 Flight Hours
(FH) to 300 FH and from 150 Flight Cycles (FC) to 450 FC,
respectively. In addition, oversize bolts were introduced by Pilatus
PC-6 Service Bulletin (SB) 57-005 R1 and the fitting replacement
procedure was adjusted accordingly.
Based on fatigue test results, EASA AD 2007-0241R2 was issued to
extend the repetitive inspection interval to 1 100 FH or 12 calendar
months, whichever occurs first, and to delete the related flight
cycle intervals and the requirement for the ``Mild Corrosion
Severity Zone''. In addition, some editorial changes have been made
for reasons of standardization and readability.
Revision 3 of this AD refers to the latest revision of the PC-6
Aircraft Maintenance Manual (AMM) Chapter 5 limitations which
includes the same repetitive inspection intervals and procedures
already mandated in the revision 2 of AD 2007-0241. Besides the
inspections, the latest revision of the PC-6 AMM contains the
replacement procedures for the fittings.
Additionally, it is possible to replace the wing strut fitting
with a new designed wing strut fitting. With this optional part
replacement, in the repetitive inspection procedure the 1 100 FH
interval is deleted so that only calendar defined intervals of
inspections remain applicable.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) For airplanes that have not had both wing strut fittings
replaced within the last 100 hours time-in-service (TIS) before
September 26, 2007 (the effective date of AD 2007-19-14) or have not
been inspected using an eddy current inspection method following
Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin No. 57-004,
dated April 16, 2007, within the last 100 hours TIS before September
26, 2007 (the effective date of AD 2007-19-14): Before further
flight after September 26, 2007 (the effective date of AD 2007-19-
14), visually inspect the upper wing strut fittings and examine the
spherical bearings following the Pilatus Aircraft Ltd. Pilatus PC-6
Service Bulletin No. 57-005, REV No. 2, dated May 19, 2008.
(2) For all airplanes: Within 25 hours TIS after September 26,
2007 (the effective date of AD 2007-19-14), or within 30 days after
September 26, 2007 (the effective date of AD 2007-19-14), whichever
occurs first, visually and using eddy current methods, inspect the
upper wing strut fittings and examine the spherical bearings
following Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin No.
57-005, REV No. 2, dated May 19, 2008.
(3) After doing the inspection specified in paragraph (f)(2) of
this AD or replacing the upper wing strut fitting, repetitively do
the following inspections:
(i) For all airplanes: At intervals not to exceed every 3
calendar months visually inspect the upper wing strut fittings and
examine the spherical bearings following Chapter 57-00-02 of Pilatus
Aircraft Ltd. Pilatus PC-6 Aircraft Maintenance Manual, dated
November 30, 2008 (referenced as revision 9 in EASA AD No.: 2007-
0241R3). For airplanes equipped with wing strut fitting part number
(P/N) 6102.0041.00, P/N 111.35.06.055, P/N 111.35.06.056, P/N
111.35.06.184, P/N 111.35.06.185, or P/N 111.35.06.186, you may also
do these inspections following Pilatus Aircraft Ltd. Pilatus PC-6
Service Bulletin No. 57-005, REV No. 2, dated May 19, 2008.
(ii) For airplanes equipped with wing strut fitting P/N
6102.0041.00, P/N 111.35.06.055, P/N 111.35.06.056, P/N
111.35.06.184, P/N 111.35.06.185, or P/N 111.35.06.186: At intervals
not to exceed every 1,100 hours TIS or 12 calendar months, whichever
occurs first, visually and using eddy current methods, inspect the
upper wing strut fittings and examine the spherical bearings
following Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin No.
57-005, REV No. 2, dated May 19, 2008, or Chapter 57-00-02 of
Pilatus Aircraft Ltd. Pilatus PC-6 Aircraft Maintenance Manual,
dated November 30, 2008 (referenced as revision 9 in EASA AD No.:
2007-0241R3).
(iii) For airplanes equipped with wing strut fitting P/N
111.35.06.193, P/N 111.35.06.194, or P/N 111.35.06.195: At intervals
not to exceed every 12 calendar months, visually and using eddy
current methods, inspect the upper wing strut fittings and examine
the spherical bearings following Chapter 57-00-02 of Pilatus
Aircraft Ltd. Pilatus PC-6 Aircraft Maintenance Manual, dated
November 30, 2008 (referenced as revision 9 in EASA AD No.: 2007-
0241R3).
(4) You may also take ``unless already done'' credit for any
inspection specified in paragraph (f)(1), (f)(2), or (f)(3) of this
AD if done before the effective date of this AD following Pilatus
Aircraft Ltd. Pilatus PC-6 Service Bulletin No. 57-005, dated August
30, 2007; or Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin No.
57-005, REV No. 1, dated November 19, 2007.
(5) For all airplanes: If during any inspection required by
paragraph (f)(1), (f)(2), or (f)(3) of this AD you find the
following conditions, before further flight, replace the specified
part following Chapter 57-00-02 of Pilatus Aircraft Ltd. Pilatus PC-
6 Aircraft Maintenance Manual, dated November 30, 2008 (referenced
as revision 9 in EASA AD No.: 2007-0241R3):
(i) Cracks in the upper wing strut fitting; or
(ii) The spherical bearing is not in conformity.
(6) For all airplanes: Replacement of one or both upper wing
strut fitting(s) does not terminate the repetitive inspection
specified in paragraph (f)(3) of this AD.
FAA AD Differences
Note: 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):
(i) 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.
(ii) AMOCs approved for AD 2007-19-14 are not approved for this
AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2007-0241R3, dated May 6, 2009; Pilatus Aircraft Ltd. Pilatus PC-6
Service Bulletin No. 57-005, REV No. 2, dated May 19, 2008; Pilatus
Aircraft Ltd. Pilatus PC-6 Service Bulletin No. 57-005, REV No. 1,
dated November 19, 2007; Pilatus Aircraft Ltd. Pilatus PC-6
[[Page 32474]]
Service Bulletin No. 57-005, dated August 30, 2007; Pilatus Aircraft
Ltd. Pilatus PC-6 Service Bulletin No. 57-004, dated April 16, 2007;
and Chapter 57-00-02 of Pilatus Aircraft Ltd. Pilatus PC-6 Aircraft
Maintenance Manual, dated November 30, 2008 (referenced as revision
9 in EASA AD No.: 2007-0241R3), for related information. Issued in
Kansas City, Missouri, on July 1, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-16142 Filed 7-7-09; 8:45 am]
BILLING CODE 4910-13-P