Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes, 14306-14309 [2023-04623]
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Proposed Rules
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by April 24,
2023.
(b) Affected ADs
This AD replaces AD 2017–06–07,
Amendment 39–18831 (82 FR 17107, April
10, 2017) (AD 2017–06–07).
(c) Applicability
This AD applies to all Airbus SAS Model
A330–223F and –243F airplanes; A330–201,
–202, –203, –223, and –243 airplanes; A330–
301, –302, –303, –321, –322, –323, –341,
–342, and –343 airplanes; A340–211, –212,
and –213 airplanes; A340–311, –312, and
–313 airplanes; A340–541 airplanes; and
A340–642 airplanes; certificated in any
category.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports that
nonconforming aluminum alloy was used to
manufacture structural parts on the inboard
flap. The FAA is issuing this AD to detect
and correct structural parts of inboard flaps
made of nonconforming aluminum alloy. The
unsafe condition, if not addressed, could
result in reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, European Union
Aviation Safety Agency (EASA) AD 2022–
0189, dated September 19, 2022 (EASA AD
2022–0189).
(h) Exceptions to EASA AD 2022–0189
(1) Where EASA AD 2022–0189 refers to
May 11, 2016 (the effective date of EASA AD
2016–0082, dated April 27, 2016), this AD
requires using May 15, 2017 (the effective
date of AD 2017–06–07).
(2) Where EASA AD 2022–0189 refers to its
effective date, this AD requires using the
effective date of this AD.
(3) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0189.
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(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2022–0189 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
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In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (k) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD
2017–06–07 are approved as AMOCs for the
corresponding provisions of EASA AD 2022–
0189 that are required by paragraph (g) of this
AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Additional Information
For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone
206–231–3229; email Vladimir.Ulyanov@
faa.gov.
(l) 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 this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0189, dated September 19,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0189, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
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availability of this material at the FAA, call
206–231–3195.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–04654 Filed 3–7–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0426; Project
Identifier MCAI–2022–01324–A]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2021–10–28, which applies to all Pilatus
Aircraft Ltd. (Pilatus) Model PC–24
airplanes. AD 2021–10–28 requires
incorporating new revisions to the
airworthiness limitations section (ALS)
of the existing airplane maintenance
manual (AMM) or Instructions for
Continued Airworthiness (ICA) to
incorporate new or more restrictive
airworthiness limitations. Since the
FAA issued AD 2021–10–28, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
require revising the ALS of the existing
AMM or ICA for your airplane, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this NPRM by April 24, 2023.
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
regulations.gov. Follow the instructions
for submitting comments.
DATES:
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Proposed Rules
• 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.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0426; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference
• For material that is proposed for
IBR in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999
000; email: ADs@easa.europa.eu;
website: easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110.
FOR FURTHER INFORMATION CONTACT:
Doug Rudolph, Aviation Safety
Engineer, General Aviation & Rotorcraft
Section, International Validation
Branch, 901 Locust, Room 301, Kansas
City, MO 64106; phone: (816) 329–4059;
email: doug.rudolph@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–0426; Project Identifier
MCAI–2022–01324–A’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
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received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Doug Rudolph,
Aviation Safety Engineer, General
Aviation & Rotorcraft Section,
International Validation Branch, 901
Locust, Room 301, Kansas City, MO
64106. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
The FAA issued AD 2021–10–28,
Amendment 39–21561 (86 FR 30763,
June 10, 2021) (AD 2021–10–28), for all
Pilatus Model PC–24 airplanes. AD
2021–10–28 was prompted by MCAI
originated by EASA, which is the
Technical Agent for the Member States
of the European Union. EASA issued
AD 2020–0202, dated September 22,
2020 (EASA AD 2020–0202) to prevent
reduction in the structural integrity of
the airframe and components, as well as
an unrecognized failure of the manual
pitch trim, which could lead to loss of
control of the airplane. This prompted
the FAA to issue AD 2021–10–28.
AD 2021–10–28 requires
incorporating new revisions to the ALS
of the existing AMM or ICA to
incorporate new tasks for the control
column sprocket gear assembly and
control wheel column assembly, to
address the new limit of validity and
update the usage assumptions and
conditions for operations on unpaved
and grass runways, and to correct an
error in the horizontal stabilizer primary
trim system secondary power source
operational test.
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Actions Since AD 2021–10–28 Was
Issued
Since the FAA issued AD 2021–10–
28, EASA superseded EASA AD 2020–
0202 and issued EASA AD 2022–0207,
dated October 10, 2022 (EASA AD
2022–0207) (referred to after this as the
MCAI), for all Pilatus Model PC–24
airplanes. The MCAI states that new or
more restrictive tasks and limitations
have been developed. These new or
more restrictive airworthiness
limitations include introducing new
Certification Maintenance Requirement
(CMR) Task AL–24–60–004, Emergency
Power Contactor 2, by converting the
existing Scheduled Maintenance Task
SM–24–60–0004, Emergency Contactor
2 Test (EC2 Test) into that CMR task.
The FAA is issuing this AD to address
failure of certain parts, which could
result in loss of control of the airplane.
Additionally, the actions required to
address the unsafe condition in AD
2021–10–28 are included in ‘‘the
applicable ALS,’’ as defined in EASA
AD 2022–0207. You may examine the
MCAI in the AD docket at
regulations.gov under Docket No. FAA–
2023–0426.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0207 requires certain
actions and associated thresholds and
intervals, including life limits and
maintenance tasks.
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in ADDRESSES.
FAA’s Determination
These products have been approved
by the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with the State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI described above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would retain none
of the requirements of AD 2021–10–28.
This proposed AD would require
revising the ALS of the existing AMM
or ICA for your airplane as specified in
EASA AD 2022–0207, described
previously. The owner/operator (pilot)
holding at least a private pilot certificate
may revise the ALS of the existing AMM
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Proposed Rules
or ICA for your airplane, and
performance of this incorporation must
be entered into the aircraft records
showing compliance with this AD in
accordance with 14 CFR 43.9(a) and 14
CFR 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR
91.417, 121.380, or 135.439.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2022–0207 by
reference in the FAA final rule. Service
information required by the EASA AD
for compliance will be available at
regulations.gov by searching for and
locating Docket No. FAA–2023–0426
after the FAA final rule is published.
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Differences Between This Proposed AD
and EASA AD 2022–0207
Paragraph (2) of EASA AD 2022–0207
requires corrective action in accordance
with the applicable Pilatus maintenance
documentation or contacting Pilatus for
approved instructions and
accomplishing those instructions
accordingly. Paragraph (3) of EASA AD
2022–0207 requires revising the
approved aircraft maintenance program.
Paragraph (4) of EASA AD 2022–0207
provides credit for performing actions in
accordance with previous revisions of
the Pilatus AMM. Paragraph (5) of
EASA AD 2022–0207 explains that after
revision of the approved aircraft
maintenance program, it is not
necessary to record accomplishment of
individual actions for demonstration of
AD compliance. This proposed AD
would not require compliance with
paragraphs (2) through (5) of EASA AD
2022–0207.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 73
airplanes of U.S. registry. Labor rates are
estimated at $85 per work-hour. Based
on these figures, the FAA estimates that
revising the ALS of the existing AMM
or ICA for your airplane would require
about 1 work-hour for an estimated cost
on U.S. operators of $6,205 or $85 per
airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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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.
The FAA is 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.
Pilatus Aircraft Ltd.: Docket No. FAA–2023–
0426; Project Identifier MCAI–2022–
01324–A.
Regulatory Findings
(e) Unsafe Condition
The FAA 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 that the proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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
states that failure to revise the airworthiness
limitations section (ALS) of the existing
aircraft maintenance manual (AMM) by
introducing new or more restrictive tasks and
limitations, which introduces a new
certification maintenance requirement (CMR)
task to test emergency power contactor 2,
could result in an unsafe condition. The FAA
is issuing this AD to address failure of certain
parts, which could result in loss of control
of the airplane.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2021–10–28, Amendment 39–
21561 (86 FR 30763, June 10, 2021); and
■ b. Adding the following new AD:
■
■
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(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by April 24,
2023.
(b) Affected ADs
This AD replaces AD 2021–10–28,
Amendment 39–21561 (86 FR 30763, June
10, 2021) (AD 2021–10–28).
(c) Applicability
This AD applies to Pilatus Aircraft Ltd.
Model PC–24 airplanes, all serial numbers,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 0500, Time Limits/Maintenance
Checks.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Before further flight after the effective
date of this AD, revise the ALS of the existing
AMM or Instructions for Continued
Airworthiness for your airplane by
incorporating the requirements specified in
paragraph (1) of European Union Aviation
Safety Agency AD 2022–0207, dated October
10, 2022 (EASA AD 2022–0207).
(2) The actions required by paragraph (g)(1)
of this AD may be performed by the owner/
operator (pilot) holding at least a private pilot
certificate and must be entered into the
aircraft records showing compliance with
this AD in accordance with §§ 43.9(a) and
91.417(a)(2)(v). The record must be
maintained as required by § 91.417, 121.380,
or 135.439.
(h) Provisions for Alternative Requirements
(Airworthiness Limitations)
After the actions required by paragraph (g)
of this AD have been done, no alternative
requirements (airworthiness limitations) are
allowed unless they are approved as
specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2022–
0207.
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Proposed Rules
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in § 39.19. In accordance
with § 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the International
Validation Branch, send it to the attention of
the person identified in paragraph (j) of this
AD or email to: 9-AVS-AIR-730-AMOC@
faa.gov. If mailing information, also submit
information by email. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Global AMOC AIR–730–22–248, dated
July 12, 2022, was approved as an AMOC for
the requirements of AD 2021–10–28, and is
approved as an AMOC for the requirements
of paragraph (g) of this AD. Other AMOCs
previously issued for the requirements of AD
2021–10–28 are not approved as an AMOC
for the requirements of this AD.
(j) Additional Information
For more information about this AD,
contact Doug Rudolph, Aviation Safety
Engineer, General Aviation & Rotorcraft
Section, International Validation Branch, 901
Locust, Room 301, Kansas City, MO 64106;
phone: (816) 329–4059; email:
doug.rudolph@faa.gov.
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(k) 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) European Union Aviation Safety Agency
(EASA) AD 2022–0207, dated October 10,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0207, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(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,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–04623 Filed 3–7–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0176]
RIN 1625–AA08
Special Local Regulation; Sail Grand
Prix, Season 3 Race Event; San
Francisco, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation in the navigable waters of
San Francisco Bay in San Francisco, CA
in support of the San Francisco Sail
Grand Prix, Season 3 race periods on
May 4, 2023, through May 7, 2023. This
special local regulation is necessary to
provide for the safety of life on these
navigable waters and to ensure the
safety of mariners transiting the area
from the dangers associated with highspeed sailing activities associated with
the Sail Grand Prix race event. This
proposed rulemaking would temporarily
prohibit persons and vessels from
entering, transiting through, anchoring,
blocking, or loitering within the event
area adjacent to the city of San
Francisco waterfront near the Golden
Gate Bridge and Alcatraz Island, unless
authorized by the Captain of the Port
San Francisco or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 7, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0176 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Anthony I. Solares, U.S. Coast Guard
District 11, Sector San Francisco, at
415–399–3585, SFWaterways@uscg.mil.
SUMMARY:
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14309
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On December 19, 2022, the Silverback
Pacific Company notified the Coast
Guard of an intention to conduct the
‘‘Sail Grand Prix, Season 3’’ in the San
Francisco Bay. Sail Grand Prix (SailGP)
is a sailing league featuring world-class
sailors racing 50-foot foiling catamarans.
The 2022–2023 season started May 14,
2022, and the season will conclude with
the San Francisco Bay race in May 2023.
In San Francisco, they propose to take
advantage of the natural amphitheater
that the central bay and city waterfront
provide.
SailGP has applied for a Marine Event
Permit to hold the Sail Grand Prix race
event on the waters of San Francisco
Bay in California. At this time, the Coast
Guard has not approved the Marine
Event Permit and is still evaluating the
application. If the permit is approved,
however, we anticipate that a special
local regulation may be necessary to
ensure public safety during the race. To
provide adequate time for public input,
we are proposing this special local
regulation prior to a decision on the
Marine Event Permit.
The SailGP event has previously been
conducted in San Francisco Bay and
each time the Coast Guard solicited
input from maritime stakeholders to
better understand the nature of
commercial and recreational activities
on the Bay. As done in previous year
planning, the Coast Guard will
participate in local Harbor Safety
Committee (HSC) meetings to meet with
stakeholders, obtain information, and
gather feedback on approaches to enact
the regulation in connection with the
Sail Grand Prix.
These regulations are needed to keep
persons and vessels away from the
sailing race vessels, which exhibit
unpredictable maneuverability and have
a demonstrated likelihood during the
simulation of racing scenarios for
capsizing. The proposed special local
regulation would help prevent injuries
and property damage that may be
caused upon impact by these fastmoving vessels. The provisions of this
temporary special local regulation
would not exempt racing vessels from
any federal, state, or local laws or
E:\FR\FM\08MRP1.SGM
08MRP1
]]>Agencies
[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14306-14309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04623]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0426; Project Identifier MCAI-2022-01324-A]
RIN 2120-AA64
Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-10-28, which applies to all Pilatus Aircraft Ltd. (Pilatus) Model
PC-24 airplanes. AD 2021-10-28 requires incorporating new revisions to
the airworthiness limitations section (ALS) of the existing airplane
maintenance manual (AMM) or Instructions for Continued Airworthiness
(ICA) to incorporate new or more restrictive airworthiness limitations.
Since the FAA issued AD 2021-10-28, the FAA has determined that new or
more restrictive airworthiness limitations are necessary. This proposed
AD would require revising the ALS of the existing AMM or ICA for your
airplane, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this NPRM by April 24, 2023.
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 regulations.gov. Follow
the instructions for submitting comments.
[[Page 14307]]
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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0426; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference
For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone:
+49 221 8999 000; email: [email protected]; website: easa.europa.eu.
You may find this material on the EASA website at ad.easa.europa.eu.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone:
(816) 329-4059; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0426; Project Identifier
MCAI-2022-01324-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Doug
Rudolph, Aviation Safety Engineer, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301, Kansas
City, MO 64106. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The FAA issued AD 2021-10-28, Amendment 39-21561 (86 FR 30763, June
10, 2021) (AD 2021-10-28), for all Pilatus Model PC-24 airplanes. AD
2021-10-28 was prompted by MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2020-0202, dated September 22, 2020 (EASA AD 2020-0202) to
prevent reduction in the structural integrity of the airframe and
components, as well as an unrecognized failure of the manual pitch
trim, which could lead to loss of control of the airplane. This
prompted the FAA to issue AD 2021-10-28.
AD 2021-10-28 requires incorporating new revisions to the ALS of
the existing AMM or ICA to incorporate new tasks for the control column
sprocket gear assembly and control wheel column assembly, to address
the new limit of validity and update the usage assumptions and
conditions for operations on unpaved and grass runways, and to correct
an error in the horizontal stabilizer primary trim system secondary
power source operational test.
Actions Since AD 2021-10-28 Was Issued
Since the FAA issued AD 2021-10-28, EASA superseded EASA AD 2020-
0202 and issued EASA AD 2022-0207, dated October 10, 2022 (EASA AD
2022-0207) (referred to after this as the MCAI), for all Pilatus Model
PC-24 airplanes. The MCAI states that new or more restrictive tasks and
limitations have been developed. These new or more restrictive
airworthiness limitations include introducing new Certification
Maintenance Requirement (CMR) Task AL-24-60-004, Emergency Power
Contactor 2, by converting the existing Scheduled Maintenance Task SM-
24-60-0004, Emergency Contactor 2 Test (EC2 Test) into that CMR task.
The FAA is issuing this AD to address failure of certain parts, which
could result in loss of control of the airplane. Additionally, the
actions required to address the unsafe condition in AD 2021-10-28 are
included in ``the applicable ALS,'' as defined in EASA AD 2022-0207.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0426.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0207 requires certain actions and associated
thresholds and intervals, including life limits and maintenance tasks.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.
FAA's Determination
These products have been approved by the aviation authority of
another country and is approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain none of the requirements of AD 2021-
10-28. This proposed AD would require revising the ALS of the existing
AMM or ICA for your airplane as specified in EASA AD 2022-0207,
described previously. The owner/operator (pilot) holding at least a
private pilot certificate may revise the ALS of the existing AMM
[[Page 14308]]
or ICA for your airplane, and performance of this incorporation must be
entered into the aircraft records showing compliance with this AD in
accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v). The record
must be maintained as required by 14 CFR 91.417, 121.380, or 135.439.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0207 by reference in the FAA
final rule. Service information required by the EASA AD for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2023-0426 after the FAA final rule is published.
Differences Between This Proposed AD and EASA AD 2022-0207
Paragraph (2) of EASA AD 2022-0207 requires corrective action in
accordance with the applicable Pilatus maintenance documentation or
contacting Pilatus for approved instructions and accomplishing those
instructions accordingly. Paragraph (3) of EASA AD 2022-0207 requires
revising the approved aircraft maintenance program. Paragraph (4) of
EASA AD 2022-0207 provides credit for performing actions in accordance
with previous revisions of the Pilatus AMM. Paragraph (5) of EASA AD
2022-0207 explains that after revision of the approved aircraft
maintenance program, it is not necessary to record accomplishment of
individual actions for demonstration of AD compliance. This proposed AD
would not require compliance with paragraphs (2) through (5) of EASA AD
2022-0207.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 73 airplanes of U.S. registry. Labor rates are estimated at $85
per work-hour. Based on these figures, the FAA estimates that revising
the ALS of the existing AMM or ICA for your airplane would require
about 1 work-hour for an estimated cost on U.S. operators of $6,205 or
$85 per airplane.
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.
The FAA is 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
The FAA 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 that the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2021-10-28, Amendment 39-21561
(86 FR 30763, June 10, 2021); and
0
b. Adding the following new AD:
Pilatus Aircraft Ltd.: Docket No. FAA-2023-0426; Project Identifier
MCAI-2022-01324-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 24, 2023.
(b) Affected ADs
This AD replaces AD 2021-10-28, Amendment 39-21561 (86 FR 30763,
June 10, 2021) (AD 2021-10-28).
(c) Applicability
This AD applies to Pilatus Aircraft Ltd. Model PC-24 airplanes,
all serial numbers, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 0500, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
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 states that failure to revise the airworthiness
limitations section (ALS) of the existing aircraft maintenance
manual (AMM) by introducing new or more restrictive tasks and
limitations, which introduces a new certification maintenance
requirement (CMR) task to test emergency power contactor 2, could
result in an unsafe condition. The FAA is issuing this AD to address
failure of certain parts, which could result in loss of control of
the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Before further flight after the effective date of this AD,
revise the ALS of the existing AMM or Instructions for Continued
Airworthiness for your airplane by incorporating the requirements
specified in paragraph (1) of European Union Aviation Safety Agency
AD 2022-0207, dated October 10, 2022 (EASA AD 2022-0207).
(2) The actions required by paragraph (g)(1) of this AD may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with Sec. Sec.
43.9(a) and 91.417(a)(2)(v). The record must be maintained as
required by Sec. 91.417, 121.380, or 135.439.
(h) Provisions for Alternative Requirements (Airworthiness Limitations)
After the actions required by paragraph (g) of this AD have been
done, no alternative requirements (airworthiness limitations) are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2022-0207.
[[Page 14309]]
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in Sec. 39.19. In accordance with Sec. 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Validation Branch, send it to the
attention of the person identified in paragraph (j) of this AD or
email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
(2) Global AMOC AIR-730-22-248, dated July 12, 2022, was
approved as an AMOC for the requirements of AD 2021-10-28, and is
approved as an AMOC for the requirements of paragraph (g) of this
AD. Other AMOCs previously issued for the requirements of AD 2021-
10-28 are not approved as an AMOC for the requirements of this AD.
(j) Additional Information
For more information about this AD, contact Doug Rudolph,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, 901 Locust, Room 301, Kansas City,
MO 64106; phone: (816) 329-4059; email: [email protected].
(k) 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) European Union Aviation Safety Agency (EASA) AD 2022-0207,
dated October 10, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0207, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call (817) 222-5110.
(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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04623 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-13-P
