Airworthiness Directives; PILATUS AIRCRAFT LTD. Airplanes, 59919-59922 [2016-20828]

Download as PDF Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Proposed Rules § 890.1414 employer. Responsibilities of the tribal (a) The tribal employer pays premiums for tribal employees enrolled under this subpart pursuant to §§ 890.1403 and 890.1413. (b) The tribal employer must determine the eligibility of individuals who attempt to enroll for coverage under this subpart and enroll those it finds eligible. (c) The tribal employer must determine whether eligible tribal employees have eligible family member(s) and allow coverage under a self plus one or self and family enrollment as described in § 890.302 for those it finds eligible. (d) The tribal employer must establish or identify an independent dispute resolution panel for reconsideration of enrollment and eligibility decisions as described in § 890.1415. (e) The tribal employer has the following notification responsibilities. The tribal employer must: (1) Notify OPM and tribal employees in writing of intent to revoke election to purchase FEHB at least 60 days before such revocation described at § 890.1404(d); (2) Promptly notify tribal employees and OPM if there is a change in the tribal employer’s entitlement to purchase FEHB described at § 890.1410(d); (3) Promptly notify affected tribal employees of termination of enrollment due to non-payment, the 31-day temporary extension of coverage and its ending date described at § 890.1410(f)(2)–(3); and (4) Promptly notify affected tribal employees of termination of enrollment due to non-payment described at § 890.1410(f)(4). ehiers on DSK5VPTVN1PROD with PROPOSALS § 890.1415 Reconsideration of enrollment and eligibility decisions and appeal rights. (a) The tribal employer shall establish or identify an independent dispute resolution panel to adjudicate appeals of determinations made by a tribal employer denying an individual’s status as a tribal employee eligible to enroll in FEHB or denying a change in the type of enrollment (i.e., to or from self only coverage) under this subpart. Such panel shall be authorized to enforce enrollment and eligibility decisions. The tribal employer shall notify affected individuals of this panel and its functions. (b) Under procedures set forth by the tribal employer, an individual may file a written request to the independent dispute resolution panel to reconsider an initial decision of the tribal employer under this subpart. A reconsideration VerDate Sep<11>2014 14:16 Aug 30, 2016 Jkt 238001 decision made by the panel must be issued to the individual in writing and must fully state the findings and reasons for the findings. The panel may consider information from the tribal employer, the individual, or another source. The panel must retain a file of its documentation until December 31 of the 3rd year after the year in which the decision was made, and must provide the file to OPM upon request. (c) If the panel determines that the individual is ineligible to enroll in FEHB as a tribal employee or to change enrollment, the individual may request that OPM reconsider the denial. Such a request must be made in writing and any decision by OPM will be binding on the tribal employer. (d) OPM may request a panel decision file during the retention period described at paragraph (b) of this section. Panel decisions remain subject to final OPM authority to correct errors, as set forth in § 890.1406. § 890.1416 Filing claims for payment or service and court review. (a) Tribal employees may file claims for payment or service as described at § 890.105. (b) Tribal employees may invoke the provisions for court review described at § 890.107(b)–(d). § 890.1417 No continuation of FEHB enrollment into retirement from employment with a tribal employer. (a) An FEHB enrollment cannot be continued into retirement from employment with a tribal employer. (b) A Federal annuitant may continue FEHB enrollment into retirement from Federal service if the requirements of 5 U.S.C. 8905(b) for carrying FEHB coverage into retirement are satisfied through enrollment, or coverage as a family member, either through a Federal employing office or a tribal employer, or any combination thereof. (c) A Federal annuitant who is employed after retirement by a tribal employer in an FEHB eligible position may participate in FEHB through the tribal employer. In such a case, the Federal annuitant’s retirement system will transfer the FEHB enrollment to the tribal employer, in a similar manner as for a Federal annuitant who is employed by a Federal agency after retirement. (d) A tribal employee who becomes a survivor annuitant as described in 890.303(d)(2) is entitled to reinstatement of health benefits coverage as a Federal employee would under the same circumstances. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 59919 § 890.1418 No continuation of FEHB enrollment in compensationer status past 365 days. A tribal employee who is not also a Federal employee who becomes eligible for one of the Department of Labor’s disability compensation programs may not continue FEHB coverage in leave without pay status past 365 days. [FR Doc. 2016–20566 Filed 8–30–16; 8:45 am] BILLING CODE 6325–63–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–7003; Directorate Identifier 2016–CE–015–AD] RIN 2120–AA64 Airworthiness Directives; PILATUS AIRCRAFT LTD. Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of the comment period. AGENCY: We are revising an earlier NPRM for all PILATUS AIRCRAFT LTD. Models PC–12, PC–12/45, PC–12/47, and PC–12/47E airplanes that would supersede AD 2014–22–01. 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 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 proposed AD to require actions to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by October 17, 2016. 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., SUMMARY: E:\FR\FM\31AUP1.SGM 31AUP1 59920 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Proposed Rules Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact PILATUS AIRCRAFT LTD., Customer Service Manager, CH–6371 STANS, Switzerland; telephone: +41 (0) 41 619 33 33; 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 information on the availability of this material at the FAA, call (816) 329–4148. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 7003; 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; email: doug.rudolph@faa.gov. SUPPLEMENTARY INFORMATION: ehiers on DSK5VPTVN1PROD with PROPOSALS 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–2016–7003; Directorate Identifier 2016–CE–015–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:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. VerDate Sep<11>2014 14:16 Aug 30, 2016 Jkt 238001 Discussion We proposed to amend 14 CFR part 39 with an NPRM for all PILATUS AIRCRAFT LTD. Models PC–12, PC–12/ 45, PC–12/47, and PC–12/47E airplanes that would supersede AD 2014–22–01, which was published in the Federal Register on June 8, 2016 (81 FR 36810). The NPRM proposed to require actions intended to address the unsafe condition for the products listed above and was based on mandatory continuing airworthiness information (MCAI) originated by another country. The MCAI states: The airworthiness limitations are currently defined and published in the Pilatus PC–12 Aircraft Maintenance Manual(s) (AMM) under Chapter 4, Structural, Component and Miscellaneous—Airworthiness Limitations Section (ALS) documents. The limitations contained in these documents have been identified as mandatory for continued airworthiness. Failure to comply with these instructions could result in an unsafe condition. EASA issued AD 2014–0170 requiring the actions as specified in ALS, Chapter 4 of AMM report 02049 issue 28, for PC–12, PC– 12/45 and PC–12/47 aeroplanes, and Chapter 4 of AMM report 02300 issue 11, for PC–12/ 47E aeroplanes. Since that AD was issued, Pilatus issued Chapter 4 of PC–12 AMM report 02049 issue 31, and Chapter 4 of PC–12 AMM report 02300 issue 14 (hereafter collectively referred to as ‘the applicable ALS’ in this AD), to incorporate new six-year and ten-year inspection intervals for several main landing gear (MLG) attachment bolts, and an annual inspection interval for the MLG shock absorber attachment bolts, which was previously included in the AMM Chapter 5 annual inspection. After a further review of the in-service data, Pilatus issued Service Letter (SL) 186, extending the special compliance time applicable for the MLG bolts inspection. For the reasons described above, this AD retains the requirements of EASA AD 2014– 0170, which is superseded, and requires the accomplishment of the new maintenance tasks, as described in the applicable ALS. The MCAI can be found in the AD docket on the Internet at https:// www.regulations.gov/ document?D=FAA-2016-7003-0002. Since the NPRM was issued, PILATUS AIRCRAFT LTD. has issued new revisions to the Limitations section, Chapter 4, to be incorporated into the FAA-approved maintenance program (e.g., maintenance manual). Related Service Information Under 1 CFR Part 51 PILATUS AIRCRAFT LTD. has issued Structural, Component and Miscellaneous—Airworthiness Limitations, document 12–A–04–00– 00–00A–000A–A, dated July 12, 2016, PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 and Structural and Component Limitations—Airworthiness Limitations, document 12–B–04–00–00–00A–000A– A, dated July 19, 2016. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this supplemental NPRM. Comments We have considered the following comments received on the NPRM. Request To Incorporate Newly Issued Revisions to the Limitations Section, Chapter 4, of the FAA-Approved Maintenance Program (e.g., Maintenance Manual) Johan Kruger of Pilatus Aircraft requested incorporating a newly issued revision of the Limitation section, Chapter 4, of each applicable maintenace manual into the proposed AD. Johan Kruger of Pilatus Aircraft stated that in the Aircraft Maintenance Manual (AMM) Airworthines Limitations Section (ALS) 12–A–04–00–00–00A– 000A–A, the Supplemental Structural Inspection Document (SSID) part has been updated with kit numbers and brought in line with Service Bulletin (SB) SB 04–009. The commenter stated that the changes were coordinated with the FAA, who concurred that no new limitations are incorporated in the ALS. The AMM/ALS 12–B–04–00–00–00A– 000A–A has also been updated by introducing an inspection of the passenger oxygen (drop down mask) system if installed, and this change was also coordinated with the FAA. Since the drop down O2 system is only required by European operation requirements and not currently earmarked for the United States, it is also not introducing new limitations for U.S. operators. We agree with the commenter and have changed this supplemental NPRM based on this comment. Request To Change the Compliance Times for Inspecting the Main Landing Gear (MLG) Attachment Bolts Johan Kruger of Pilatus Aircraft and Blake Morley of Aero Air, LLC requested changing the compliance time for inspecting the main landing gear (MLG) attachment bolts. The commenters stated that the compliance time in the proposed AD is causing confusion because the way it is currently stated, which is ‘‘within the next 6 years . . . or within the next 3 months . . . whichever occurs later,’’ does not makes sense because 6 years E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Proposed Rules ehiers on DSK5VPTVN1PROD with PROPOSALS will always occur later and it goes against what is specified in the revisions to the ALS that is being incorporated by this proposed AD. Johan Kruger of Pilatus Aircraft stated that, in the ALS Notes, Note 1 (ALS 12– B–04) and Note 3 (ALS 12–A–04) respectively, the inspection is to be done by a specific date, and he wants those dates incorporated into this proposed AD. Blake Morley of Aeroa Air, LLC stated that EASA has also adopted the grace period extension in EASA AD 2016–0083, stating: ‘‘Note 1: For the purpose of this AD, the thresholds and intervals include ‘special’ compliance times for certain tasks as defined in the applicable ALS, and the ‘special’ compliance time for the inspection of MLG bolts, as defined in SL 186.’’ Blake Morley also requested the ‘‘3-month’’ grace period compliance time be changed to ‘‘before December 31, 2016.’’ We partially agree with the commenters. We do agree that the compliance times for the inspection of the MLG attachment bolts needs to be corrected to reflect before or upon the accumulation of time-in-service (TIS) on the MLG attachment bolts instead of the TIS on the airplane, which then makes the 3-month grace period more applicable. We have changed this supplemental NPRM action based on this portion of the comment. We do not agree with using a specific date as a compliance time. There is no correlation with the requested dates and the unsafe condition. The mere fact that the service document or an international civil aviation authority’s AD refers to a calendar date is not enough to justify using a calendar date in a U.S. AD. We have not changed this supplemental NPRM action based on this portion of the comment. FAA’s Determination and Requirements of This 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. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for VerDate Sep<11>2014 14:16 Aug 30, 2016 Jkt 238001 Regulatory Findings the public to comment on this supplemental NPRM. Costs of Compliance We estimate that this proposed AD will affect 770 products of U.S. registry. We also estimate that it would take about 1.5 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $98,175, or $127.50 per product. This breaks down as follows: • Incorporating new revisions into the Limitations section, Chapter 4, of the FAA-approved maintenance program (e.g., maintenance manual): .5 work-hour for a fleet cost of $32,725, or $42.50 per product. • New inspections of the MLG attachment bolts: 1 work-hour with no parts cost for fleet cost of $65,450 or $85 per product. In addition, we estimate that any necessary corrective actions (oncondition costs) that must be taken based on the proposed inspections, would take about 1 work-hour and require parts costing approximately $100 for a cost of $185 per product. We have no way of determining the number of products that may need these necessary corrective actions. The only costs that would be imposed by this proposed AD over that already required by AD 2014–22–01 is the costs associated with the insertion of the revised Limitation section and the MLG attachment bolts inspection and replacement as necessary. 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), (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. 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 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. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 59921 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ PILATUS AIRCRAFT LTD.: Docket No. FAA–2016–7003; Directorate Identifier 2016–CE–015–AD. (a) Comments Due Date We must receive comments by October 17, 2016. (b) Affected ADs This AD replaces AD 2014–22–01, 39– 18005 (79 FR 67343, November 13, 2014). (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 5: Time Limits. E:\FR\FM\31AUP1.SGM 31AUP1 59922 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Proposed Rules ehiers on DSK5VPTVN1PROD with PROPOSALS (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 repetitive inspections of the main landing gear (MLG) attachment bolts. These actions are required to ensure the continued operational safety of the affected airplanes. (f) Actions and Compliance Unless already done, do the actions in paragraphs (f)(1) through (6) of this AD: (1) Before further flight after October 5, 2016 (the effective date of this AD), insert the following revisions into the Limitations section of the FAA-approved maintenance program (e.g., maintenance manual): (i) STRUCTURAL, COMPONENT AND MISCELLANEOUS—AIRWORTHINESS LIMITATIONS, Data module code 12–A–04– 00–00–00A–000A–A, dated July 12, 2016, of the Pilatus Model type—PC–12, PC–12/45, PC–12/47, Aircraft Maintenance Manual (AMM), Document No. 02049, 12–A–AM– 00–00–00–I, revision 32, dated July 18, 2016; and (ii) STRUCTURAL AND COMPONENT LIMITATIONS—AIRWORTHINESS LIMITATIONS, Data module code 12–B–04– 00–00–00A–000A–A, dated July 19, 2016, of the Pilatus Model type—PC–12/47E MSN– 1001–UP, Aircraft Maintenance Manual (AMM), Document No. 02300, 12–B–AM–00– 00–00–I, revision 15, dated July 30, 2016. (2) The new limitations section revisions listed in paragraphs (f)(1)(i) and (ii) of this AD specify the following: (i) Establish inspections of the MLG attachment bolts, (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. (3) Only authorized Pilatus Service Centers can do the Supplemental Structural Inspection Document (SSID) as required by the documents in paragraphs (f)(1)(i) and (ii) of this AD because deviations from the type design in critical locations could make the airplane ineligible for this life extension. (4) If no compliance time is specified in the documents listed in paragraphs (f)(1)(i) and (ii) of this AD when doing any corrective actions where discrepancies are found as required in paragraph (f)(2)(iii) of this AD, do these corrective actions before further flight after doing the applicable maintenance task. (5) During the accomplishment of the actions required in paragraph (f)(2) of this AD, including all subparagraphs, if a discrepancy is found that is not identified in the documents listed in paragraphs (f)(1)(i) and (ii) of this AD, before further flight after finding the discrepancy, contact PILATUS AIRCRAFT LTD. at the address specified in paragraph (h) of this AD for a repair scheme and incorporate that repair scheme. VerDate Sep<11>2014 14:16 Aug 30, 2016 Jkt 238001 (6) Before or upon accumulating 6 years time-in-service (TIS) on the MLG attachment bolts or within the next 3 months TIS after October 5, 2016 (the effective date of this AD), whichever occurs later, inspect the MLB attachment bolts for cracks and corrosion and before further flight take all necessary corrective actions. 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 2014–22–01, 39–18005 (79 FR 67343, November 13, 2014) 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. (h) Related Information Refer to MCAI European Aviation Safety Agency (EASA) AD No. 2016–0083, dated April 28, 2016, for related information. You may examine the MCAI on the Internet at https://www.regulations.gov/ document?D=FAA-2016-7003-0002. For service information related to this AD, contact PILATUS AIRCRAFT LTD., Customer Service Manager, CH–6371 STANS, Switzerland; telephone: +41 (0) 41 619 33 33; 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. Issued in Kansas City, Missouri, on August 23, 2016. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–20828 Filed 8–30–16; 8:45 am] PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–8851; Directorate Identifier 2016–NM–070–AD] RIN 2120–AA64 (g) Other FAA AD Provisions BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330–200 Freighter, –200, and –300 series airplanes; and Airbus Model A340–500, and –600 series airplanes. This proposed AD was prompted by reports that nonconforming aluminum alloy was used to manufacture several structural parts on the inboard flap. This proposed AD would require identification of the potentially affected inboard flap parts, a one-time eddy current inspection to identify which material the parts are made of, and depending on findings, replacement with serviceable parts. We are proposing this AD to detect and correct structural parts of inboard flaps made of nonconforming aluminum alloy, which could result in reduced structural integrity of the airplane. DATES: We must receive comments on this proposed AD by October 17, 2016. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: airworthiness.A330-A340@airbus.com; Internet: https://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SUMMARY: E:\FR\FM\31AUP1.SGM 31AUP1

Agencies

[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Proposed Rules]
[Pages 59919-59922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20828]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7003; Directorate Identifier 2016-CE-015-AD]
RIN 2120-AA64


Airworthiness Directives; PILATUS AIRCRAFT LTD. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
the comment period.

-----------------------------------------------------------------------

SUMMARY: We are revising an earlier NPRM for all PILATUS AIRCRAFT LTD. 
Models PC-12, PC-12/45, PC-12/47, and PC-12/47E airplanes that would 
supersede AD 2014-22-01. 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 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 proposed AD to require actions 
to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 17, 
2016.

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.,

[[Page 59920]]

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    For service information identified in this proposed AD, contact 
PILATUS AIRCRAFT LTD., Customer Service Manager, CH-6371 STANS, 
Switzerland; telephone: +41 (0) 41 619 33 33; fax: +41 (0) 41 619 73 
11; Internet: https://www.pilatus-aircraft.com or email: 
aircraft.com">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.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7003; 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; email: 
doug.rudolph@faa.gov.

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-2016-7003; 
Directorate Identifier 2016-CE-015-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://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an NPRM for all PILATUS 
AIRCRAFT LTD. Models PC-12, PC-12/45, PC-12/47, and PC-12/47E airplanes 
that would supersede AD 2014-22-01, which was published in the Federal 
Register on June 8, 2016 (81 FR 36810). The NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above and was based on mandatory continuing airworthiness 
information (MCAI) originated by another country. The MCAI states:

    The airworthiness limitations are currently defined and 
published in the Pilatus PC-12 Aircraft Maintenance Manual(s) (AMM) 
under Chapter 4, Structural, Component and Miscellaneous--
Airworthiness Limitations Section (ALS) documents. The limitations 
contained in these documents have been identified as mandatory for 
continued airworthiness.
    Failure to comply with these instructions could result in an 
unsafe condition.
    EASA issued AD 2014-0170 requiring the actions as specified in 
ALS, Chapter 4 of AMM report 02049 issue 28, for PC-12, PC-12/45 and 
PC-12/47 aeroplanes, and Chapter 4 of AMM report 02300 issue 11, for 
PC-12/47E aeroplanes.
    Since that AD was issued, Pilatus issued Chapter 4 of PC-12 AMM 
report 02049 issue 31, and Chapter 4 of PC-12 AMM report 02300 issue 
14 (hereafter collectively referred to as `the applicable ALS' in 
this AD), to incorporate new six-year and ten-year inspection 
intervals for several main landing gear (MLG) attachment bolts, and 
an annual inspection interval for the MLG shock absorber attachment 
bolts, which was previously included in the AMM Chapter 5 annual 
inspection. After a further review of the in-service data, Pilatus 
issued Service Letter (SL) 186, extending the special compliance 
time applicable for the MLG bolts inspection.
    For the reasons described above, this AD retains the 
requirements of EASA AD 2014-0170, which is superseded, and requires 
the accomplishment of the new maintenance tasks, as described in the 
applicable ALS.

The MCAI can be found in the AD docket on the Internet at https://www.regulations.gov/document?D=FAA-2016-7003-0002.
    Since the NPRM was issued, PILATUS AIRCRAFT LTD. has issued new 
revisions to the Limitations section, Chapter 4, to be incorporated 
into the FAA-approved maintenance program (e.g., maintenance manual).

Related Service Information Under 1 CFR Part 51

    PILATUS AIRCRAFT LTD. has issued Structural, Component and 
Miscellaneous--Airworthiness Limitations, document 12-A-04-00-00-00A-
000A-A, dated July 12, 2016, and Structural and Component Limitations--
Airworthiness Limitations, document 12-B-04-00-00-00A-000A-A, dated 
July 19, 2016. This service information is reasonably available because 
the interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section of this 
supplemental NPRM.

Comments

    We have considered the following comments received on the NPRM.

Request To Incorporate Newly Issued Revisions to the Limitations 
Section, Chapter 4, of the FAA-Approved Maintenance Program (e.g., 
Maintenance Manual)

    Johan Kruger of Pilatus Aircraft requested incorporating a newly 
issued revision of the Limitation section, Chapter 4, of each 
applicable maintenace manual into the proposed AD.
    Johan Kruger of Pilatus Aircraft stated that in the Aircraft 
Maintenance Manual (AMM) Airworthines Limitations Section (ALS) 12-A-
04-00-00-00A-000A-A, the Supplemental Structural Inspection Document 
(SSID) part has been updated with kit numbers and brought in line with 
Service Bulletin (SB) SB 04-009. The commenter stated that the changes 
were coordinated with the FAA, who concurred that no new limitations 
are incorporated in the ALS. The AMM/ALS 12-B-04-00-00-00A-000A-A has 
also been updated by introducing an inspection of the passenger oxygen 
(drop down mask) system if installed, and this change was also 
coordinated with the FAA. Since the drop down O2 system is only 
required by European operation requirements and not currently earmarked 
for the United States, it is also not introducing new limitations for 
U.S. operators.
    We agree with the commenter and have changed this supplemental NPRM 
based on this comment.

Request To Change the Compliance Times for Inspecting the Main Landing 
Gear (MLG) Attachment Bolts

    Johan Kruger of Pilatus Aircraft and Blake Morley of Aero Air, LLC 
requested changing the compliance time for inspecting the main landing 
gear (MLG) attachment bolts. The commenters stated that the compliance 
time in the proposed AD is causing confusion because the way it is 
currently stated, which is ``within the next 6 years . . . or within 
the next 3 months . . . whichever occurs later,'' does not makes sense 
because 6 years

[[Page 59921]]

will always occur later and it goes against what is specified in the 
revisions to the ALS that is being incorporated by this proposed AD.
    Johan Kruger of Pilatus Aircraft stated that, in the ALS Notes, 
Note 1 (ALS 12-B-04) and Note 3 (ALS 12-A-04) respectively, the 
inspection is to be done by a specific date, and he wants those dates 
incorporated into this proposed AD. Blake Morley of Aeroa Air, LLC 
stated that EASA has also adopted the grace period extension in EASA AD 
2016-0083, stating: ``Note 1: For the purpose of this AD, the 
thresholds and intervals include `special' compliance times for certain 
tasks as defined in the applicable ALS, and the `special' compliance 
time for the inspection of MLG bolts, as defined in SL 186.'' Blake 
Morley also requested the ``3-month'' grace period compliance time be 
changed to ``before December 31, 2016.''
    We partially agree with the commenters. We do agree that the 
compliance times for the inspection of the MLG attachment bolts needs 
to be corrected to reflect before or upon the accumulation of time-in-
service (TIS) on the MLG attachment bolts instead of the TIS on the 
airplane, which then makes the 3-month grace period more applicable. We 
have changed this supplemental NPRM action based on this portion of the 
comment.
    We do not agree with using a specific date as a compliance time. 
There is no correlation with the requested dates and the unsafe 
condition. The mere fact that the service document or an international 
civil aviation authority's AD refers to a calendar date is not enough 
to justify using a calendar date in a U.S. AD. We have not changed this 
supplemental NPRM action based on this portion of the comment.

FAA's Determination and Requirements of This 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.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this supplemental NPRM.

Costs of Compliance

    We estimate that this proposed AD will affect 770 products of U.S. 
registry. We also estimate that it would take about 1.5 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of this proposed AD on U.S. operators to be $98,175, 
or $127.50 per product. This breaks down as follows:
     Incorporating new revisions into the Limitations section, 
Chapter 4, of the FAA-approved maintenance program (e.g., maintenance 
manual): .5 work-hour for a fleet cost of $32,725, or $42.50 per 
product.
     New inspections of the MLG attachment bolts: 1 work-hour 
with no parts cost for fleet cost of $65,450 or $85 per product.
    In addition, we estimate that any necessary corrective actions (on-
condition costs) that must be taken based on the proposed inspections, 
would take about 1 work-hour and require parts costing approximately 
$100 for a cost of $185 per product. We have no way of determining the 
number of products that may need these necessary corrective actions.
    The only costs that would be imposed by this proposed AD over that 
already required by AD 2014-22-01 is the costs associated with the 
insertion of the revised Limitation section and the MLG attachment 
bolts inspection and replacement as necessary.

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),
    (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.

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

PILATUS AIRCRAFT LTD.: Docket No. FAA-2016-7003; Directorate 
Identifier 2016-CE-015-AD.

(a) Comments Due Date

    We must receive comments by October 17, 2016.

(b) Affected ADs

    This AD replaces AD 2014-22-01, 39-18005 (79 FR 67343, November 
13, 2014).

(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 5: Time Limits.

[[Page 59922]]

(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 repetitive inspections of 
the main landing gear (MLG) attachment bolts. These actions are 
required to ensure the continued operational safety of the affected 
airplanes.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through 
(6) of this AD:
    (1) Before further flight after October 5, 2016 (the effective 
date of this AD), insert the following revisions into the 
Limitations section of the FAA-approved maintenance program (e.g., 
maintenance manual):
    (i) STRUCTURAL, COMPONENT AND MISCELLANEOUS--AIRWORTHINESS 
LIMITATIONS, Data module code 12-A-04-00-00-00A-000A-A, dated July 
12, 2016, of the Pilatus Model type--PC-12, PC-12/45, PC-12/47, 
Aircraft Maintenance Manual (AMM), Document No. 02049, 12-A-AM-00-
00-00-I, revision 32, dated July 18, 2016; and
    (ii) STRUCTURAL AND COMPONENT LIMITATIONS--AIRWORTHINESS 
LIMITATIONS, Data module code 12-B-04-00-00-00A-000A-A, dated July 
19, 2016, of the Pilatus Model type--PC-12/47E MSN-1001-UP, Aircraft 
Maintenance Manual (AMM), Document No. 02300, 12-B-AM-00-00-00-I, 
revision 15, dated July 30, 2016.
    (2) The new limitations section revisions listed in paragraphs 
(f)(1)(i) and (ii) of this AD specify the following:
    (i) Establish inspections of the MLG attachment bolts,
    (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.
    (3) Only authorized Pilatus Service Centers can do the 
Supplemental Structural Inspection Document (SSID) as required by 
the documents in paragraphs (f)(1)(i) and (ii) of this AD because 
deviations from the type design in critical locations could make the 
airplane ineligible for this life extension.
    (4) If no compliance time is specified in the documents listed 
in paragraphs (f)(1)(i) and (ii) of this AD when doing any 
corrective actions where discrepancies are found as required in 
paragraph (f)(2)(iii) of this AD, do these corrective actions before 
further flight after doing the applicable maintenance task.
    (5) During the accomplishment of the actions required in 
paragraph (f)(2) of this AD, including all subparagraphs, if a 
discrepancy is found that is not identified in the documents listed 
in paragraphs (f)(1)(i) and (ii) of this AD, before further flight 
after finding the discrepancy, contact PILATUS AIRCRAFT LTD. at the 
address specified in paragraph (h) of this AD for a repair scheme 
and incorporate that repair scheme.
    (6) Before or upon accumulating 6 years time-in-service (TIS) on 
the MLG attachment bolts or within the next 3 months TIS after 
October 5, 2016 (the effective date of this AD), whichever occurs 
later, inspect the MLB attachment bolts for cracks and corrosion and 
before further flight take all necessary corrective actions.

(g) 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 2014-22-01, 39-18005 (79 FR 67343, 
November 13, 2014) 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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2016-0083, dated April 28, 2016, for related information. You may 
examine the MCAI on the Internet at https://www.regulations.gov/document?D=FAA-2016-7003-0002. For service information related to 
this AD, contact PILATUS AIRCRAFT LTD., Customer Service Manager, 
CH-6371 STANS, Switzerland; telephone: +41 (0) 41 619 33 33; fax: 
+41 (0) 41 619 73 11; Internet: https://www.pilatus-aircraft.com or 
email: aircraft.com">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.

    Issued in Kansas City, Missouri, on August 23, 2016.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-20828 Filed 8-30-16; 8:45 am]
 BILLING CODE 4910-13-P

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