Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes, 57331-57333 [2023-18121]
Download as PDF
57331
Rules and Regulations
Federal Register
Vol. 88, No. 162
Wednesday, August 23, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1042; Project
Identifier MCAI–2023–00274–A; Amendment
39–22518; AD 2023–15–06]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Pilatus Aircraft Ltd. (Pilatus) Model PC–
24 airplanes. This AD was prompted by
reports of an electrical burning smell in
the cabin without the presence of
smoke. This AD requires revising the
Limitations Section of the existing
airplane flight manual (AFM) 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 issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective September
27, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 27, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1042; 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 final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:56 Aug 22, 2023
Jkt 259001
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For EASA service information
identified in this final rule, 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:
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. It is also available
at regulations.gov under Docket No.
FAA–2023–1042.
FOR FURTHER INFORMATION CONTACT:
Doug Rudolph, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
(816) 329–4059; email: doug.rudolph@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Pilatus Model PC–24
airplanes. The NPRM published in the
Federal Register on May 15, 2023 (88
FR 30909). The NPRM was prompted by
AD 2023–0038, dated February 14,
2023, issued by EASA, which is the
Technical Agent for the Member States
of the European Union (referred to after
this as ‘‘the MCAI’’). The MCAI states
that there have been reports of an
electrical burning smell in the cabin
without the presence of smoke and there
is currently no AFM procedure for
addressing this condition. The current
AFM procedure for smoke/fume in the
cockpit and/or cabin requires the
immediate use of supplemental oxygen
and smoke goggles for the flight crew,
which leads to increased flight crew
workload. Failure to revise the AFM to
include a new task addressing an
electrical burning smell in the cabin
without the presence of smoke could
result in an unsafe condition.
In the NPRM, the FAA proposed to
provide the flight crew with a new
procedure in the existing AFM for your
airplane to address the presence of an
electrical burning smell in the cabin
without the presence of smoke. This
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
condition, if not addressed, could lead
to increased pilot workload, possibly
resulting in a reduction of safety
margins and an emergency landing. You
may examine the MCAI in the AD
docket at regulations.gov under Docket
No. FAA–2023–1042.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
one commenter, Pilatus. The following
presents the comment received on the
NPRM and the FAA’s response to the
comment.
Request To Revise Emergency
Procedures Instead of Limitations
Section
Pilatus commented that Section 2,
Limitations, of the AFM is not affected
by this new procedure, but Section 3,
Emergency Procedures, is. The FAA
infers that the commenter is requesting
that the information in Pilatus PC–24
AFM Temporary Revision 02371–055
(AFM TR 02371–055) be inserted in
Section 3A, Abnormal Procedures
within the Emergency Procedures
Section of the AFM and not in the
Limitations Section.
The FAA agrees that AFM TR 02371–
055 affects Section 3A, Abnormal
Procedures, of the AFM, but FAA
regulations do not mandate compliance
with the Abnormal Procedures Section
of the AFM. As explained in the
‘‘Differences Between this AD and the
MCAI’’ section of this final rule, EASA
AD 2023–0038 requires inserting AFM
TR 02371–055 into the Abnormal
Procedures Section of the AFM, but this
AD requires inserting AFM TR 02371–
055 into the Limitations Section of the
existing AFM because FAA regulations
mandate compliance with only the
operating limitations section of the
flight manual. The FAA did not change
this AD as a result of this comment.
Conclusion
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI referenced
above. The FAA reviewed the relevant
data, considered the comment received,
E:\FR\FM\23AUR1.SGM
23AUR1
57332
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
and determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products. Except for minor editorial
changes, and any other changes
described previously, this AD is
adopted as proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0038 requires
revising the AFM by inserting a copy of
AFM TR 02371–055 into the Abnormal
Procedures Section, informing all flight
crews, and operating the airplane
accordingly. 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 the ADDRESSES section.
Differences Between This AD and the
MCAI
EASA AD 2023–0038 requires
inserting AFM TR 02371–055 into the
Abnormal Procedures Section of the
AFM, but this AD requires inserting
AFM TR 02371–055 into the Limitations
Section of the existing AFM because
FAA regulations mandate compliance
with only the operating limitations
section of the flight manual.
EASA AD 2023–0038 specifies to
‘‘inform all flight crews and, thereafter,
operating the airplane accordingly’’ and
this AD does not specifically require
those actions.
14 CFR 91.9 requires that no person
may operate a civil aircraft without
complying with the operating
limitations specified in the AFM.
Therefore, including a requirement in
this AD to operate the airplane
according to the revised AFM would be
redundant and unnecessary. Further,
compliance with such a requirement in
an AD would be impracticable to
demonstrate or track on an ongoing
basis; therefore, a requirement to
operate the airplane in such a manner
would be unenforceable.
Interim Action
The FAA considers that this AD is an
interim action. If final action is later
identified, the FAA may consider
further rulemaking.
Costs of Compliance
The FAA estimates that this AD
affects 97 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Revise AFM ....................................................
0.50 work-hour × $85 per hour = $42.50 .......
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.
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
lotter on DSK11XQN23PROD with RULES1
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
VerDate Sep<11>2014
15:56 Aug 22, 2023
Jkt 259001
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–15–06 Pilatus Aircraft Ltd:
Amendment 39–22518; Docket No. FAA–
2023–1042; Project Identifier MCAI–2023–
00274–A.
(a) Effective Date
This airworthiness directive (AD) is
effective September 27, 2023.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Cost per
product
Parts cost
$0
$42.50
Cost on U.S.
operators
$4,122.50
(b) Affected Ads
None.
(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: 2100, Heating System.
(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 there have been reports of an
electrical burning smell in the cabin without
the presence of smoke and there is currently
no airplane flight manual (AFM) procedure
for addressing this condition. The FAA is
issuing this AD to provide the flight crew
with a new procedure in the existing AFM
for your airplane to address the presence of
an electrical burning smell in the cabin
without the presence of smoke. This
condition, if not addressed, could lead to
increased pilot workload, possibly resulting
in a reduction of safety margins and an
emergency landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Action
(1) Except as specified in paragraph (h) of
this AD: Comply with all required actions
and compliance times specified in, and in
accordance with, European Union Aviation
E:\FR\FM\23AUR1.SGM
23AUR1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
Safety Agency (EASA) AD 2023–0038, dated
February 14, 2023 (EASA AD 2023–0038).
(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 14 CFR 43.9(a)
and 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417,
121.380, or 135.439.
(h) Exceptions to EASA AD 2023–0038
(1) Where EASA AD 2023–0038 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023–
0038 specifies to ‘‘amend the AFM by
inserting a copy of the AFM TR,’’ this AD
requires replacing those words with ‘‘revise
the Limitations Section of the existing AFM
for your airplane by inserting a copy of the
AFM TR as defined in EASA AD 2023–
0038.’’
(3) Where paragraph (1) of EASA AD 2023–
0038 specifies to ‘‘inform all flight crews and,
thereafter, operate the [airplane]
accordingly,’’ this AD does not require those
actions.
(4) This AD does not adopt the Remarks
paragraph of EASA AD 2023–0038.
(i) 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. In
accordance with 14 CFR 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-AVSAIR-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.
lotter on DSK11XQN23PROD with RULES1
(j) Additional Information
For more information about this AD,
contact Doug Rudolph, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (816) 329–
4059; email: doug.rudolph@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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
AD 2023–0038, dated February 14, 2023.
(ii) [Reserved]
(3) For EASA AD 2023–0038, 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 ad.easa.europa.eu.
VerDate Sep<11>2014
15:56 Aug 22, 2023
Jkt 259001
(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.
Issued on August 17, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–18121 Filed 8–22–23; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 310
RIN 3084–AA98
Telemarketing Sales Rule Fees
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘Commission’’) is
amending its Telemarketing Sales Rule
(‘‘TSR’’) by updating the fees charged to
entities accessing the National Do Not
Call Registry (‘‘Registry’’) as required by
the Do-Not-Call Registry Fee Extension
Act of 2007.
DATES: This final rule is effective
October 1, 2023.
ADDRESSES: Copies of this document are
available on the internet at the
Commission’s website: https://
www.ftc.gov.
SUMMARY:
Ami
Joy Dziekan (202) 326–2648, Bureau of
Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Room CC–9225, Washington, DC
20580.
FOR FURTHER INFORMATION CONTACT:
To comply
with the Do-Not-Call Registry Fee
Extension Act of 2007 (15 U.S.C. 6152)
(the ‘‘Act’’), the Commission is
amending the TSR, which is contained
in 16 CFR part 310, by updating the fees
entities are charged for accessing the
Registry. Specifically, the revised rule
increases (1) the annual fee for access to
the Registry for each area code of data
from $75 to $78 per area code, and (2)
the maximum amount that will be
charged to any single entity for
accessing area codes of data from
$20,740 to $21,402. Entities may add
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
57333
area codes during the second six months
of their annual subscription period, and
the fee for those additional area codes
increases from $38 to $39.
These increases are in accordance
with the Act, which specifies that
beginning after fiscal year 2009, the
dollar amounts charged shall be
increased by an amount equal to the
amounts specified in the Act, multiplied
by the percentage (if any) by which the
average of the monthly consumer price
index (for all urban consumers
published by the Department of Labor)
(‘‘CPI’’) for the most recently ended 12month period ending on June 30
exceeds the CPI for the 12-month period
ending June 30, 2008. The Act also
states any increase shall be rounded to
the nearest dollar and there shall be no
increase in the dollar amounts if the
change in the CPI since the last fee
increase is less than one percent. For
fiscal year 2009, the Act specified that
the original annual fee for access to the
Registry for each area code of data was
$54 per area code, or $27 per area code
of data during the second six months of
an entity’s annual subscription period,
and that the maximum amount that
would be charged to any single entity
for accessing area codes of data would
be $14,850.
The determination of whether a fee
change is required and the amount of
the fee changes involves a two-step
process. First, to determine whether a
fee change is required, we measure the
change in the CPI from the time of the
previous increase in fees. There was an
increase in the fees for fiscal year 2023.
Accordingly, we calculated the change
in the CPI since last year, and the
increase was 3.0 percent. Because this
change is over the one percent
threshold, the fees will change for fiscal
year 2024.
Second, to determine how much the
fees should increase this fiscal year, we
use the calculation specified by the Act
set forth above: the percentage change in
the baseline CPI applied to the original
fees for fiscal year 2009. The average
value of the CPI for July 1, 2007, to June
30, 2008, was 211.702; the average value
for July 1, 2022, to June 30, 2023, was
305.109, an increase of 44.12 percent.
Applying the 44.12 percent increase to
the base amount from fiscal year 2009,
leads to a $78 fee for access to a single
area code of data for a full year for fiscal
year 2024, an increase of $3 from last
year. The actual amount is $77.83 but
when rounded, pursuant to the Act, $78
is the appropriate fee. The fee for
accessing an additional area code for a
half year increases by one dollar to $39
(rounded from $38.91). The maximum
E:\FR\FM\23AUR1.SGM
23AUR1
Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57331-57333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18121]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 /
Rules and Regulations
[[Page 57331]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1042; Project Identifier MCAI-2023-00274-A;
Amendment 39-22518; AD 2023-15-06]
RIN 2120-AA64
Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This AD was
prompted by reports of an electrical burning smell in the cabin without
the presence of smoke. This AD requires revising the Limitations
Section of the existing airplane flight manual (AFM) 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
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective September 27, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
27, 2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1042; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For EASA service information identified in this final
rule, 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:
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. It is also available at
regulations.gov under Docket No. FAA-2023-1042.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4059; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Pilatus Model PC-24
airplanes. The NPRM published in the Federal Register on May 15, 2023
(88 FR 30909). The NPRM was prompted by AD 2023-0038, dated February
14, 2023, issued by EASA, which is the Technical Agent for the Member
States of the European Union (referred to after this as ``the MCAI'').
The MCAI states that there have been reports of an electrical burning
smell in the cabin without the presence of smoke and there is currently
no AFM procedure for addressing this condition. The current AFM
procedure for smoke/fume in the cockpit and/or cabin requires the
immediate use of supplemental oxygen and smoke goggles for the flight
crew, which leads to increased flight crew workload. Failure to revise
the AFM to include a new task addressing an electrical burning smell in
the cabin without the presence of smoke could result in an unsafe
condition.
In the NPRM, the FAA proposed to provide the flight crew with a new
procedure in the existing AFM for your airplane to address the presence
of an electrical burning smell in the cabin without the presence of
smoke. This condition, if not addressed, could lead to increased pilot
workload, possibly resulting in a reduction of safety margins and an
emergency landing. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-1042.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from one commenter, Pilatus. The
following presents the comment received on the NPRM and the FAA's
response to the comment.
Request To Revise Emergency Procedures Instead of Limitations Section
Pilatus commented that Section 2, Limitations, of the AFM is not
affected by this new procedure, but Section 3, Emergency Procedures,
is. The FAA infers that the commenter is requesting that the
information in Pilatus PC-24 AFM Temporary Revision 02371-055 (AFM TR
02371-055) be inserted in Section 3A, Abnormal Procedures within the
Emergency Procedures Section of the AFM and not in the Limitations
Section.
The FAA agrees that AFM TR 02371-055 affects Section 3A, Abnormal
Procedures, of the AFM, but FAA regulations do not mandate compliance
with the Abnormal Procedures Section of the AFM. As explained in the
``Differences Between this AD and the MCAI'' section of this final
rule, EASA AD 2023-0038 requires inserting AFM TR 02371-055 into the
Abnormal Procedures Section of the AFM, but this AD requires inserting
AFM TR 02371-055 into the Limitations Section of the existing AFM
because FAA regulations mandate compliance with only the operating
limitations section of the flight manual. The FAA did not change this
AD as a result of this comment.
Conclusion
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data,
considered the comment received,
[[Page 57332]]
and determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. Except for minor editorial changes, and any other
changes described previously, this AD is adopted as proposed in the
NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0038 requires revising the AFM by inserting a copy of
AFM TR 02371-055 into the Abnormal Procedures Section, informing all
flight crews, and operating the airplane accordingly. 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
the ADDRESSES section.
Differences Between This AD and the MCAI
EASA AD 2023-0038 requires inserting AFM TR 02371-055 into the
Abnormal Procedures Section of the AFM, but this AD requires inserting
AFM TR 02371-055 into the Limitations Section of the existing AFM
because FAA regulations mandate compliance with only the operating
limitations section of the flight manual.
EASA AD 2023-0038 specifies to ``inform all flight crews and,
thereafter, operating the airplane accordingly'' and this AD does not
specifically require those actions.
14 CFR 91.9 requires that no person may operate a civil aircraft
without complying with the operating limitations specified in the AFM.
Therefore, including a requirement in this AD to operate the airplane
according to the revised AFM would be redundant and unnecessary.
Further, compliance with such a requirement in an AD would be
impracticable to demonstrate or track on an ongoing basis; therefore, a
requirement to operate the airplane in such a manner would be
unenforceable.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA may consider further rulemaking.
Costs of Compliance
The FAA estimates that this AD affects 97 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Revise AFM............................ 0.50 work-hour x $85 per $0 $42.50 $4,122.50
hour = $42.50.
----------------------------------------------------------------------------------------------------------------
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
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2023-15-06 Pilatus Aircraft Ltd: Amendment 39-22518; Docket No. FAA-
2023-1042; Project Identifier MCAI-2023-00274-A.
(a) Effective Date
This airworthiness directive (AD) is effective September 27,
2023.
(b) Affected Ads
None.
(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: 2100, Heating
System.
(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 there have been reports of an
electrical burning smell in the cabin without the presence of smoke
and there is currently no airplane flight manual (AFM) procedure for
addressing this condition. The FAA is issuing this AD to provide the
flight crew with a new procedure in the existing AFM for your
airplane to address the presence of an electrical burning smell in
the cabin without the presence of smoke. This condition, if not
addressed, could lead to increased pilot workload, possibly
resulting in a reduction of safety margins and an emergency landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Action
(1) Except as specified in paragraph (h) of this AD: Comply with
all required actions and compliance times specified in, and in
accordance with, European Union Aviation
[[Page 57333]]
Safety Agency (EASA) AD 2023-0038, dated February 14, 2023 (EASA AD
2023-0038).
(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 14 CFR 43.9(a)
and 91.417(a)(2)(v). The record must be maintained as required by 14
CFR 91.417, 121.380, or 135.439.
(h) Exceptions to EASA AD 2023-0038
(1) Where EASA AD 2023-0038 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023-0038 specifies to
``amend the AFM by inserting a copy of the AFM TR,'' this AD
requires replacing those words with ``revise the Limitations Section
of the existing AFM for your airplane by inserting a copy of the AFM
TR as defined in EASA AD 2023-0038.''
(3) Where paragraph (1) of EASA AD 2023-0038 specifies to
``inform all flight crews and, thereafter, operate the [airplane]
accordingly,'' this AD does not require those actions.
(4) This AD does not adopt the Remarks paragraph of EASA AD
2023-0038.
(i) 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. In accordance with 14 CFR 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.
(j) Additional Information
For more information about this AD, contact Doug Rudolph,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329-4059; email:
[email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 AD 2023-0038, dated
February 14, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0038, 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 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 August 17, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-18121 Filed 8-22-23; 8:45 am]
BILLING CODE 4910-13-P