Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes, 11572-11575 [2013-03407]
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the certification basis of the airplane and the
approval must specifically refer to this AD.
DEPARTMENT OF TRANSPORTATION
(m) Related Information
Federal Aviation Administration
(1) For more information about this AD,
contact Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM–120S, Seattle
Aircraft Certification Office (ACO), FAA,
1601 Lind Avenue SW., Renton, Washington
98057–3356; phone: 425–917–6440; fax: 425–
917–6590; email: Nancy.Marsh@faa.gov.
(2) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data &
Services Management, P. O. Box 3707, MC
2H–65, Seattle, Washington 98124–2207;
phone: 206–544–5000, extension 1; fax: 206–
766–5680; Internet: https://
www.myboeingfleet.com.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service
Bulletin 757–57–0068, Revision 1, dated July
19, 2011.
(ii) Reserved.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; phone:
206–544–5000, extension 1; fax: 206–766–
5680; Internet: https://
www.myboeingfleet.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
6, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–03268 Filed 2–15–13; 8:45 am]
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14 CFR Part 39
[Docket No. FAA–2012–0732; Directorate
Identifier 2012–CE–022–AD; Amendment
39–17311; AD 2012–26–16]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
all Pilatus Aircraft Ltd. Models PC–12,
PC–12/45, PC–12/47, and PC–12/47E
airplanes. 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. The MCAI
describes the unsafe condition as a need
to incorporate new revisions into the
Limitations section, Chapter 4, of the
FAA-approved maintenance program
(e.g., maintenance manual). We are
issuing this AD to require actions to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective March 26,
2013.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of March 26, 2013.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of August 19, 2009 (74 FR
34213, July 15, 2009).
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 service information identified in
this AD, contact Pilatus Aircraft Ltd.,
Customer Service Manager, CH–6371
STANS, Switzerland; telephone: +41 (0)
41 619 62 08; fax: +41 (0) 41 619 73 11;
Internet: https://www.pilatusaircraft.com or email:
SupportPC12@pilatus-aircraft.com. You
may review copies of the referenced
service information at the FAA, Small
Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For
DATES:
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information on the availability of this
material at the FAA, call (816) 329–
4148.
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; email:
doug.rudolph@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of
proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to include an AD
that would apply to the specified
products. That SNPRM was published
in the Federal Register on October 22,
2012 (77 FR 64442), which proposed to
supersede AD 2009–14–13, Amendment
39–15963 (74 FR 34213, July 15, 2009).
Since we issued AD 2009–14–13,
Amendment 39–15963 (74 FR 34213,
July 15, 2009), Pilatus Aircraft Ltd. has
issued revisions to the Limitations
section of the airplane maintenance
manual to include an inspection of the
wing main spar fastener holes at rib 6
for cracks.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued AD No. 2012–
0099, dated June 8, 2012 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
The mandatory instructions and
airworthiness limitations applicable to the
Structure and Components of the PC–12 are
specified in the Aircraft Maintenance Manual
(AMM) under Chapter 4. Prompted by a crack
found on one wing of the aeroplane fleet
leader, a more restrictive airworthiness
limitation was introduced, in that manual,
for the inspection of the main spar rib 6 strap
fastener.
These documents include the maintenance
instructions and/or airworthiness limitations
developed by Pilatus Aircraft Ltd. and
approved by EASA. Failure to comply with
these instructions and limitations could
potentially lead to unsafe condition.
For the reasons described above, this AD
requires the implementation of more
restrictive maintenance instructions and/or
airworthiness limitations.
You may obtain further information
by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the SNPRM
(77 FR 64442, October 22, 2012) or on
the determination of the cost to the
public.
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Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting the AD
as proposed except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the SNPRM (77 FR
64442, October 22, 2012) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the SNPRM (77 FR 64442,
October 22, 2012).
Costs of Compliance
We estimate that this AD will affect
678 products of U.S. registry. We also
estimate that it will take about 3.5 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $85 per work-hour.
Required parts will cost about $300 per
product. Based on these figures, we
estimate the cost of this AD on U.S.
operators to be $405,105, or $597.50 per
product.
In addition, we estimate that any
necessary corrective actions that must
be taken based on incorporating the new
revisions into the limitation section of
the maintenance manual will take about
6 work-hours and require parts costing
approximately $4,000, for a cost of
$4,510 per product. We have no way of
determining the number of products
that may need these necessary
corrective actions.
We estimate that it will take about 12
work-hours per product to comply with
the new addition of the wing main spar
fastener holes inspection requirement of
this AD. The average labor rate is $85
per work-hour. Based on these figures,
we estimate the cost of the wing main
spar fastener holes on U.S. operators to
be $691,560, or $1,020 per product.
In addition, we estimate that any
necessary repairs to the wing main spar
will take about 7 work-hours and
require parts costing approximately
$5,000, for a cost of $5,595 per product.
We have no way of determining the
number of products that may need these
corrective actions.
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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,
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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
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) 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.
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 SNPRM (77 FR
64442, October 22, 2012), 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, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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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 39–15963 (74 FR
34213, July 15, 2009), and adding the
following new AD:
■
2012–26–16 Pilatus Aircraft Ltd.:
Amendment 39–17311; Docket No.
FAA–2012–1052; Directorate Identifier
2012–CE–014–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective March 26, 2013.
(b) Affected ADs
This AD supersedes AD 2009–14–13,
Amendment 39–15963 (74 FR 34213, July 15,
2009).
(c) Applicability
This AD applies to Pilatus Aircraft Ltd.
Models PC–12, PC–12/45, PC–12/47, and PC–
12/47E airplanes, all manufacturer serial
numbers (MSNs), certificated in any category.
(d) Subject
Air Transport Association of America
(ATA) Code 05: Time Limits.
(e) Reason
This AD was prompted by 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 a need to
incorporate new revisions into the
Limitations section, Chapter 4, of the FAAapproved maintenance program (e.g.,
maintenance manual). The limitations were
revised to include an inspection of the wing
main spar fastener holes at rib 6 for cracks.
These actions are required to ensure the
continued operational safety of the affected
airplanes.
(f) Actions and Compliance
Unless already done, do the following
actions:
(1) For Models PC–12 and PC–12/45
airplanes, MSNs 101 through 299: Within the
next 100 hours time-in-service (TIS) after
August 19, 2009 (the effective date retained
from AD 2009–14–13, Amendment 39–15963
(74 FR 34213, July 15, 2009)) or 1 year after
August 19, 2009 (the effective date retained
from AD 2009–14–13), whichever occurs
first, replace the torque tube part number (P/
N) 532.50.12.047 with torque tube P/N
532.50.12.064 following PILATUS
AIRCRAFT LTD. Service Bulletin No: 32–
021, dated November 21, 2008.
(2) For all airplanes: As of March 26, 2013
(the effective date of this AD), do not install
torque tube P/N 532.50.12.047.
(3) For all airplanes: Before further flight
after March 26, 2013 (the effective date of
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this AD), insert Data module code 12–A–04–
00–00–00A–000A–A, ‘‘STRUCTURAL,
COMPONENT AND MISCELLANEOUS—
AIRWORTHINESS LIMITATIONS,’’ dated
October 15, 2012, of the Pilatus Model
Identification: 12 Aircraft Maintenance
Manual, PC12, PC12/45, PC 12/47 AMM
Document No. 02049, 12–A–AM–00–00–00–
I, revision 26, dated December 15, 2012, for
Models PC–12, PC–12/45, PC–12/47, and
Data module code 12–B–04–00–00–00A–
000A–A, ‘‘STRUCTURAL AND
COMPONENT LIMITATIONS—
AIRWORTHINESS LIMITATIONS,’’ dated
October 15, 2012, of the Pilatus Model
Identification: 12 Aircraft Maintenance
Manual, PC 12/47E AMM Document No.
02300, 12–B–AM–00–00–00–I, revision 9,
dated December 15, 2012, for Model PC–12/
47E, into the Limitations section of the FAAapproved maintenance program (e.g.,
maintenance manual). These limitations
section revisions do the following:
(i) Establish an inspection of the wing main
spar fastener holes at rib 6,
(ii) Specify replacement of components
before or upon reaching the applicable life
limit, and
(iii) Specify accomplishment of all
applicable maintenance tasks within certain
thresholds and intervals.
(4) For all airplanes: If no compliance time
is specified in the documents listed in
paragraph (f)(3) of this AD when doing any
corrective actions where discrepancies are
found as required in paragraph (f)(3)(iii) of
this AD, do these corrective actions before
further flight after doing the applicable
maintenance task.
(5) For all airplanes: During the
accomplishment of the actions required in
paragraphs (f)(3)(i), (f)(3)(ii), and (f)(3)(iii) of
this AD, if a discrepancy is found that is not
identified in the documents listed in
paragraph (f)(3) of this AD, before further
flight after finding the discrepancy, contact
Pilatus Aircraft Ltd. at the address specified
in paragraph (i)(5) of this AD for a repair
scheme and incorporate that repair scheme.
(g) Credit for Actions Accomplished in
Accordance With Previous Service
Information
This paragraph provides credit for the
actions required in paragraph (f)(3) of this AD
if already done before March 6, 2013 (the
effective date of this AD) following Pilatus
PC12 Aircraft Maintenance Manual
Temporary Revision No. 04–03, dated
October 15, 2012, which transmits
Unclassified 12–A/AMP–04 ‘‘STRUCTURAL,
COMPONENT AND MISCELLANEOUS—
AIRWORTHINESS LIMITATIONS,’’
document 12–A–04–00–00–00A–000A–A,
dated October 15, 2012; and Pilatus PC12/
47E Aircraft Maintenance Manual Temporary
Revision No. 04–01, dated October 15, 2012,
which transmits Unclassified 12–B/AMP–04
‘‘STRUCTURAL AND COMPONENT
LIMITATIONS—AIRWORTHINESS
LIMITATIONS,’’ document 12–B–04–00–00–
00A–000A–A, dated October 15, 2012.
(h) Other FAA AD Provisions
The following provisions also apply to this
AD:
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(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; email: doug.rudolph@faa.gov.
(i) 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 2009–14–13,
Amendment 39–15963 (74 FR 34213, July 15,
2009) are not approved as AMOCs 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, a federal
agency may not conduct or sponsor, and a
person is not required to respond to, nor
shall a person be subject to a penalty for
failure to comply with a collection of
information subject to the requirements of
the Paperwork Reduction Act unless that
collection of information displays a current
valid OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public reporting for
this collection of information is estimated to
be approximately 5 minutes per response,
including the time for reviewing instructions,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Comments
concerning the accuracy of this burden and
suggestions for reducing the burden should
be directed to the FAA at: 800 Independence
Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer,
AES–200.
(i) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No. 2012–0099, dated
June 8, 2012; Pilatus Aircraft Ltd. Service
Bulletin No: 32–021, dated November 21,
2008; Data module code 12–A–04–00–00–
00A–000A–A, ‘‘STRUCTURAL,
COMPONENT AND MISCELLANEOUS—
AIRWORTHINESS LIMITATIONS,’’ dated
October 15, 2012, of the Pilatus Model
Identification: 12 Aircraft Maintenance
Manual, PC12, PC12/45, PC 12/47 AMM
Document No. 02049, 12–A–AM–00–00–00–
I, revision 26, dated December 15, 2012; Data
module code 12–B–04–00–00–00A–000A–A,
‘‘STRUCTURAL AND COMPONENT
LIMITATIONS—AIRWORTHINESS
LIMITATIONS,’’ dated October 15, 2012, of
the Pilatus Model Identification: 12 Aircraft
Maintenance Manual, PC 12/47E AMM
Document No. 02300, 12–B–AM–00–00–00–
I, revision 9, dated December 15, 2012;
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Pilatus PC12 Aircraft Maintenance Manual
Temporary Revision No. 04–03, dated
October 15, 2012, which transmits
Unclassified 12–A/AMP–04 ‘‘STRUCTURAL,
COMPONENT AND MISCELLANEOUS—
AIRWORTHINESS LIMITATIONS,’’
document 12–A–04–00–00–00A–000A–A,
dated October 15, 2012; and PC12/47E
Aircraft Maintenance Manual Temporary
Revision No. 04–01, dated October 15, 2012,
which transmits Unclassified 12–B/AMP–04
‘‘STRUCTURAL AND COMPONENT
LIMITATIONS—AIRWORTHINESS
LIMITATIONS,’’ document 12–B–04–00–00–
00A–000A–A, dated October 15, 2012, for
related information.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on March 26, 2013.
(i) Data module code 12–A–04–00–00–
00A–000A–A, ‘‘STRUCTURAL,
COMPONENT AND MISCELLANEOUS—
AIRWORTHINESS LIMITATIONS,’’ dated
October 15, 2012, of the Pilatus Model
Identification: 12 Aircraft Maintenance
Manual, PC12, PC12/45, PC 12/47 AMM
Document No. 02049, 12–A–AM–00–00–00–
I, revision 26, dated December 15, 2012.
(ii) Data module code 12–B–04–00–00–
00A–000A–A, ‘‘STRUCTURAL AND
COMPONENT LIMITATIONS—
AIRWORTHINESS LIMITATIONS,’’ dated
October 15, 2012, of the Pilatus Model
Identification: 12 Aircraft Maintenance
Manual, PC 12/47E AMM Document No.
02300, 12–B–AM–00–00–00–I, revision 9,
dated December 15, 2012.
Note to paragraph (i)(3) of this AD: Data
module code 12–A–04–00–00–00A–000A–A,
‘‘STRUCTURAL, COMPONENT AND
MISCELLANEOUS—AIRWORTHINESS
LIMITATIONS,’’ dated October 15, 2012, of
the Pilatus Model Identification: 12 Aircraft
Maintenance Manual, PC12, PC12/45, PC 12/
47 AMM Document No. 02049, 12–A–AM–
00–00–00–I, revision 26, dated December 15,
2012; and Data module code 12–B–04–00–
00–00A–000A–A, ‘‘STRUCTURAL AND
COMPONENT LIMITATIONS—
AIRWORTHINESS LIMITATIONS,’’ dated
October 15, 2012, of the Pilatus Model
Identification: 12 Aircraft Maintenance
Manual, PC 12/47E AMM Document No.
02300, 12–B–AM–00–00–00–I, revision 9,
dated December 15, 2012, were issued as
complete updates to the AMM Airworthiness
Limitations sections and incorporate all
technical information contained in Pilatus
AMM Temporary Revision No. 04–01 and
Pilatus AMM Temporary Revision No. 04–03,
both dated October 15, 2012.
(4) The following service information was
approved for IBR on August 19, 2009 (74 FR
34213, July 15, 2009).
(i) Pilatus Aircraft Ltd. Service Bulletin No:
32–021, dated November 21, 2008.
(ii) Reserved.
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(5) For Pilatus Aircraft Ltd. service
information identified in this AD, contact
Pilatus Aircraft Ltd., Customer Service
Manager, CH–6371 STANS, Switzerland;
telephone: +41 (0) 41 619 62 08; fax: +41 (0)
41 619 73 11; Internet: https://www.pilatusaircraft.com or email: SupportPC12@pilatusaircraft.com.
(6) You may view this service information
at the FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–4148.
(7) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/
index.html.
Issued in Kansas City, Missouri, on
February 8, 2013.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–03407 Filed 2–15–13; 8:45 am]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[CPCLO Order No. 001–2013]
Privacy Act of 1974; Implementation
Federal Bureau of Prisons,
Department of Justice.
ACTION: Final rule.
AGENCY:
The Department of Justice
(DOJ or Department), Federal Bureau of
Prisons (BOP), is issuing a final rule for
the modified system of records notice
entitled ‘‘Inmate Central Records
System’’ (ICRS) (JUSTICE/BOP–005).
This system is being exempted from
certain subsections of the Privacy Act of
1974 listed below for the reasons set
forth in the following text.
DATES: Effective: February 19, 2013.
FOR FURTHER INFORMATION CONTACT:
Wanda M. Hunt, FOIA/Privacy Act
Chief, Federal Bureau of Prisons, 202–
514–6655.
SUPPLEMENTARY INFORMATION: On April
26, 2012, at 77 FR 24982, the
Department published an updated
Privacy Act system of records notice
(SORN) for the ICRS, a BOP SORN
originally published on August 27, 1975
(40 FR 38704). The proposed SORN
amendments reflected overall
modernization and technological
changes of BOP’s information system,
and included updates to system routine
uses. On April 26, 2012, at 77 FR 24878,
the Department also published a
proposed rule to amend 28 CFR 16.97,
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SUMMARY:
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which had previously established
exemptions of the ICRS from various
Privacy Act provisions, as expressly
authorized by Privacy Act subsection (j).
The proposed rule did not significantly
change the previously established ICRS
exemptions from Privacy Act
subsections (c)(3) and (4); (d)(1), (2), (3),
and (4); (e)(1), (2), (3), (4)(H), (5), and
(8); (f); and (g). In addition to such
exemptions, the proposed rule sought to
exempt ICRS from Privacy Act
subsections (e)(4)(G) and (I), add
exemptions pursuant to Privacy Act
subsection (k)(2), and made general
editorial revisions to the reasons for the
already existing ICRS exemptions.
Public comments were invited.
Comments on the proposed SORN
changes were to be submitted by May
29, 2012 (77 FR 24982); comments on
the proposed rule were to be received by
the Department’s designated recipient
by May 29, 2012 (77 FR 24878).
The Department received comments
from one member of the public.
Although some of the comments
received pertain to the applicability of
exemptions to this SORN, the comments
reference only the Federal Register
citation for the proposed SORN
modifications and not the proposed
rule. Moreover, the comments were not
received timely with regard to the
proposed rule. Accordingly, the
Department has carefully reviewed and
analyzed these comments in the context
of the SORN, but declines to adopt them
and hereby implements the proposed
rule without substantive change.
The comments received to the SORN
address four main issues: (1) The
routine use disclosures to the news
media and public; (2) the routine use
disclosures to health care agencies/
professionals; (3) the inapplicability of 5
U.S.C. 552a(j); and (4) the
inapplicability of 5 U.S.C. 552a(k).
Responses to the comments are set forth
below.
First, the commenter objected to the
scope and lack of specificity of two new
routine uses, namely routine use (r) for
disclosures to the news media and the
public, and new routine use (t) for
disclosures to health care agencies/
professionals. The Department,
however, maintains that these routine
uses provide appropriate specificity, as
each routine use indicates the purpose
for permissible disclosures and
incorporates a defined standard that
further limits disclosures to data
relevant to each routine use’s particular
purpose.
Second, the commenter objected to
disclosure of medical information
without an individual’s consent. The
Department understands the sensitivity
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
11575
of medical information of former/
current inmates, and thus, has instituted
safeguards appropriate for this kind of
information. The Department considers
the health care disclosures encompassed
in routine use (t) to be lawful,
appropriate, and necessary to meet
BOP’s responsibilities for the
safekeeping, care, and custody of
incarcerated (and formerly incarcerated)
persons and for the continued safety
and security of federal prisons and the
public.
The commenter also objected to the
applicability of 5 U.S.C. 552a (j) and (k).
Subsection (j)(2) of the Privacy Act
covers records created and maintained
by the BOP. This subsection includes
records maintained by any component
that performs as its principal function
any activity pertaining to the
enforcement of criminal laws, including
activities of correctional authorities (e.g.
BOP). Further specified in subsection
(j)(2) are the types of records that may
be exempted, which include, for
example: information compiled for the
purpose of identifying individual
criminal offenders and alleged
offenders, including the nature and
disposition of criminal charges,
sentencing, confinement, release, and
parole and probation status; and reports
identifiable to an individual compiled at
any stage of the process of enforcement
of the criminal laws from arrest or
indictment through release from
supervision. Such records comprise the
vast majority of records in the ICRS.
Any ICRS records that would not be
within the scope of subsection (j)(2)
might nonetheless come within the
scope of subsection (k)(2), and thus, are
appropriately subject to the (k)(2)-based
exemptions that have now being
established by this final rule. Moreover,
the sections of the SORN that reflect the
exemptions established by the
underlying rule must necessarily
conform to the exemption provisions
finalized by this final rule.
Additionally, as suggested by the
commenter, the Department proposed,
and hereby includes in paragraph
16.97(k) of the final rule, that the
exemptions apply only to the extent that
information in this system is subject to
exemption under these subsections.
Finally, the commenter alleged that
the Department failed to provide a
statement of reasons for the exemptions
as required by the Privacy Act.
However, the Department detailed the
reasons for each exemption in
paragraphs 16.97(k)(1)–(12) of both the
proposed rule and final rule below. The
SORN incorporates this underlying
information via the section for
‘‘Exemptions Claimed for the System,’’
E:\FR\FM\19FER1.SGM
19FER1
Agencies
[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11572-11575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03407]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0732; Directorate Identifier 2012-CE-022-AD;
Amendment 39-17311; AD 2012-26-16]
RIN 2120-AA64
Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing airworthiness directive (AD)
for all Pilatus Aircraft Ltd. Models PC-12, PC-12/45, PC-12/47, and PC-
12/47E airplanes. 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. The MCAI describes the unsafe condition as a need to
incorporate new revisions into the Limitations section, Chapter 4, of
the FAA-approved maintenance program (e.g., maintenance manual). We are
issuing this AD to require actions to address the unsafe condition on
these products.
DATES: This AD is effective March 26, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 26,
2013.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of August
19, 2009 (74 FR 34213, July 15, 2009).
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 service information identified in this AD, contact Pilatus
Aircraft Ltd., Customer Service Manager, CH-6371 STANS, Switzerland;
telephone: +41 (0) 41 619 62 08; fax: +41 (0) 41 619 73 11; Internet:
https://www.pilatus-aircraft.com or email: SupportPC12@pilatus-aircraft.com. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call (816) 329-4148.
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; email:
doug.rudolph@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That SNPRM was published in the Federal Register on October
22, 2012 (77 FR 64442), which proposed to supersede AD 2009-14-13,
Amendment 39-15963 (74 FR 34213, July 15, 2009).
Since we issued AD 2009-14-13, Amendment 39-15963 (74 FR 34213,
July 15, 2009), Pilatus Aircraft Ltd. has issued revisions to the
Limitations section of the airplane maintenance manual to include an
inspection of the wing main spar fastener holes at rib 6 for cracks.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2012-0099, dated June 8, 2012 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
The mandatory instructions and airworthiness limitations
applicable to the Structure and Components of the PC-12 are
specified in the Aircraft Maintenance Manual (AMM) under Chapter 4.
Prompted by a crack found on one wing of the aeroplane fleet leader,
a more restrictive airworthiness limitation was introduced, in that
manual, for the inspection of the main spar rib 6 strap fastener.
These documents include the maintenance instructions and/or
airworthiness limitations developed by Pilatus Aircraft Ltd. and
approved by EASA. Failure to comply with these instructions and
limitations could potentially lead to unsafe condition.
For the reasons described above, this AD requires the
implementation of more restrictive maintenance instructions and/or
airworthiness limitations.
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM (77 FR 64442, October 22,
2012) or on the determination of the cost to the public.
[[Page 11573]]
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
SNPRM (77 FR 64442, October 22, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM (77 FR 64442, October 22, 2012).
Costs of Compliance
We estimate that this AD will affect 678 products of U.S. registry.
We also estimate that it will take about 3.5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $300 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $405,105, or $597.50 per product.
In addition, we estimate that any necessary corrective actions that
must be taken based on incorporating the new revisions into the
limitation section of the maintenance manual will take about 6 work-
hours and require parts costing approximately $4,000, for a cost of
$4,510 per product. We have no way of determining the number of
products that may need these necessary corrective actions.
We estimate that it will take about 12 work-hours per product to
comply with the new addition of the wing main spar fastener holes
inspection requirement of this AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the wing
main spar fastener holes on U.S. operators to be $691,560, or $1,020
per product.
In addition, we estimate that any necessary repairs to the wing
main spar will take about 7 work-hours and require parts costing
approximately $5,000, for a cost of $5,595 per product. We have no way
of determining the number of products that may need these corrective
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 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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 SNPRM (77 FR 64442, October 22,
2012), 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, Incorporation by
reference, Safety.
Adoption of the Amendment
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 removing Amendment 39-15963 (74 FR
34213, July 15, 2009), and adding the following new AD:
2012-26-16 Pilatus Aircraft Ltd.: Amendment 39-17311; Docket No.
FAA-2012-1052; Directorate Identifier 2012-CE-014-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective March 26,
2013.
(b) Affected ADs
This AD supersedes AD 2009-14-13, Amendment 39-15963 (74 FR
34213, July 15, 2009).
(c) Applicability
This AD applies to Pilatus Aircraft Ltd. Models PC-12, PC-12/45,
PC-12/47, and PC-12/47E airplanes, all manufacturer serial numbers
(MSNs), certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 05: Time Limits.
(e) Reason
This AD was prompted by 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 a need to
incorporate new revisions into the Limitations section, Chapter 4,
of the FAA-approved maintenance program (e.g., maintenance manual).
The limitations were revised to include an inspection of the wing
main spar fastener holes at rib 6 for cracks. These actions are
required to ensure the continued operational safety of the affected
airplanes.
(f) Actions and Compliance
Unless already done, do the following actions:
(1) For Models PC-12 and PC-12/45 airplanes, MSNs 101 through
299: Within the next 100 hours time-in-service (TIS) after August
19, 2009 (the effective date retained from AD 2009-14-13, Amendment
39-15963 (74 FR 34213, July 15, 2009)) or 1 year after August 19,
2009 (the effective date retained from AD 2009-14-13), whichever
occurs first, replace the torque tube part number (P/N)
532.50.12.047 with torque tube P/N 532.50.12.064 following PILATUS
AIRCRAFT LTD. Service Bulletin No: 32-021, dated November 21, 2008.
(2) For all airplanes: As of March 26, 2013 (the effective date
of this AD), do not install torque tube P/N 532.50.12.047.
(3) For all airplanes: Before further flight after March 26,
2013 (the effective date of
[[Page 11574]]
this AD), insert Data module code 12-A-04-00-00-00A-000A-A,
``STRUCTURAL, COMPONENT AND MISCELLANEOUS--AIRWORTHINESS
LIMITATIONS,'' dated October 15, 2012, of the Pilatus Model
Identification: 12 Aircraft Maintenance Manual, PC12, PC12/45, PC
12/47 AMM Document No. 02049, 12-A-AM-00-00-00-I, revision 26, dated
December 15, 2012, for Models PC-12, PC-12/45, PC-12/47, and Data
module code 12-B-04-00-00-00A-000A-A, ``STRUCTURAL AND COMPONENT
LIMITATIONS--AIRWORTHINESS LIMITATIONS,'' dated October 15, 2012, of
the Pilatus Model Identification: 12 Aircraft Maintenance Manual, PC
12/47E AMM Document No. 02300, 12-B-AM-00-00-00-I, revision 9, dated
December 15, 2012, for Model PC-12/47E, into the Limitations section
of the FAA-approved maintenance program (e.g., maintenance manual).
These limitations section revisions do the following:
(i) Establish an inspection of the wing main spar fastener holes
at rib 6,
(ii) Specify replacement of components before or upon reaching
the applicable life limit, and
(iii) Specify accomplishment of all applicable maintenance tasks
within certain thresholds and intervals.
(4) For all airplanes: If no compliance time is specified in the
documents listed in paragraph (f)(3) of this AD when doing any
corrective actions where discrepancies are found as required in
paragraph (f)(3)(iii) of this AD, do these corrective actions before
further flight after doing the applicable maintenance task.
(5) For all airplanes: During the accomplishment of the actions
required in paragraphs (f)(3)(i), (f)(3)(ii), and (f)(3)(iii) of
this AD, if a discrepancy is found that is not identified in the
documents listed in paragraph (f)(3) of this AD, before further
flight after finding the discrepancy, contact Pilatus Aircraft Ltd.
at the address specified in paragraph (i)(5) of this AD for a repair
scheme and incorporate that repair scheme.
(g) Credit for Actions Accomplished in Accordance With Previous Service
Information
This paragraph provides credit for the actions required in
paragraph (f)(3) of this AD if already done before March 6, 2013
(the effective date of this AD) following Pilatus PC12 Aircraft
Maintenance Manual Temporary Revision No. 04-03, dated October 15,
2012, which transmits Unclassified 12-A/AMP-04 ``STRUCTURAL,
COMPONENT AND MISCELLANEOUS--AIRWORTHINESS LIMITATIONS,'' document
12-A-04-00-00-00A-000A-A, dated October 15, 2012; and Pilatus PC12/
47E Aircraft Maintenance Manual Temporary Revision No. 04-01, dated
October 15, 2012, which transmits Unclassified 12-B/AMP-04
``STRUCTURAL AND COMPONENT LIMITATIONS--AIRWORTHINESS LIMITATIONS,''
document 12-B-04-00-00-00A-000A-A, dated October 15, 2012.
(h) Other FAA AD Provisions
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; email:
doug.rudolph@faa.gov.
(i) 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 2009-14-13, Amendment 39-15963 (74 FR
34213, July 15, 2009) are not approved as AMOCs 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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(i) Related Information
Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2012-0099, dated June 8, 2012; Pilatus Aircraft Ltd. Service
Bulletin No: 32-021, dated November 21, 2008; Data module code 12-A-
04-00-00-00A-000A-A, ``STRUCTURAL, COMPONENT AND MISCELLANEOUS--
AIRWORTHINESS LIMITATIONS,'' dated October 15, 2012, of the Pilatus
Model Identification: 12 Aircraft Maintenance Manual, PC12, PC12/45,
PC 12/47 AMM Document No. 02049, 12-A-AM-00-00-00-I, revision 26,
dated December 15, 2012; Data module code 12-B-04-00-00-00A-000A-A,
``STRUCTURAL AND COMPONENT LIMITATIONS--AIRWORTHINESS LIMITATIONS,''
dated October 15, 2012, of the Pilatus Model Identification: 12
Aircraft Maintenance Manual, PC 12/47E AMM Document No. 02300, 12-B-
AM-00-00-00-I, revision 9, dated December 15, 2012; Pilatus PC12
Aircraft Maintenance Manual Temporary Revision No. 04-03, dated
October 15, 2012, which transmits Unclassified 12-A/AMP-04
``STRUCTURAL, COMPONENT AND MISCELLANEOUS--AIRWORTHINESS
LIMITATIONS,'' document 12-A-04-00-00-00A-000A-A, dated October 15,
2012; and PC12/47E Aircraft Maintenance Manual Temporary Revision
No. 04-01, dated October 15, 2012, which transmits Unclassified 12-
B/AMP-04 ``STRUCTURAL AND COMPONENT LIMITATIONS--AIRWORTHINESS
LIMITATIONS,'' document 12-B-04-00-00-00A-000A-A, dated October 15,
2012, for related information.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(3) The following service information was approved for IBR on
March 26, 2013.
(i) Data module code 12-A-04-00-00-00A-000A-A, ``STRUCTURAL,
COMPONENT AND MISCELLANEOUS--AIRWORTHINESS LIMITATIONS,'' dated
October 15, 2012, of the Pilatus Model Identification: 12 Aircraft
Maintenance Manual, PC12, PC12/45, PC 12/47 AMM Document No. 02049,
12-A-AM-00-00-00-I, revision 26, dated December 15, 2012.
(ii) Data module code 12-B-04-00-00-00A-000A-A, ``STRUCTURAL AND
COMPONENT LIMITATIONS--AIRWORTHINESS LIMITATIONS,'' dated October
15, 2012, of the Pilatus Model Identification: 12 Aircraft
Maintenance Manual, PC 12/47E AMM Document No. 02300, 12-B-AM-00-00-
00-I, revision 9, dated December 15, 2012.
Note to paragraph (i)(3) of this AD: Data module code 12-A-04-
00-00-00A-000A-A, ``STRUCTURAL, COMPONENT AND MISCELLANEOUS--
AIRWORTHINESS LIMITATIONS,'' dated October 15, 2012, of the Pilatus
Model Identification: 12 Aircraft Maintenance Manual, PC12, PC12/45,
PC 12/47 AMM Document No. 02049, 12-A-AM-00-00-00-I, revision 26,
dated December 15, 2012; and Data module code 12-B-04-00-00-00A-
000A-A, ``STRUCTURAL AND COMPONENT LIMITATIONS--AIRWORTHINESS
LIMITATIONS,'' dated October 15, 2012, of the Pilatus Model
Identification: 12 Aircraft Maintenance Manual, PC 12/47E AMM
Document No. 02300, 12-B-AM-00-00-00-I, revision 9, dated December
15, 2012, were issued as complete updates to the AMM Airworthiness
Limitations sections and incorporate all technical information
contained in Pilatus AMM Temporary Revision No. 04-01 and Pilatus
AMM Temporary Revision No. 04-03, both dated October 15, 2012.
(4) The following service information was approved for IBR on
August 19, 2009 (74 FR 34213, July 15, 2009).
(i) Pilatus Aircraft Ltd. Service Bulletin No: 32-021, dated
November 21, 2008.
(ii) Reserved.
[[Page 11575]]
(5) For Pilatus Aircraft Ltd. service information identified in
this AD, contact Pilatus Aircraft Ltd., Customer Service Manager,
CH-6371 STANS, Switzerland; telephone: +41 (0) 41 619 62 08; fax:
+41 (0) 41 619 73 11; Internet: https://www.pilatus-aircraft.com or
email: SupportPC12@pilatus-aircraft.com.
(6) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
(7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/.
Issued in Kansas City, Missouri, on February 8, 2013.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-03407 Filed 2-15-13; 8:45 am]
BILLING CODE 4910-13-P