[Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
[Proposed Rules]
[Pages 40845-40846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20441]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-69-AD]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12 and 
PC-12/45 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to Pilatus Aircraft Ltd. (Pilatus) Models PC-12 
and PC-12/45 airplanes that are equipped with the ``corporate commuter 
cabin layout.'' This layout is a Pilatus designation only and the 
affected airplanes are not certificated for commuter operation. The 
proposed AD would require modifying the passenger seats and seat rail 
covers. The proposed AD is the result of mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Switzerland. The actions specified by the proposed AD are intended 
to prevent passenger injuries because the passenger seat configuration 
has been found to not fully meet current head injury criteria 
regulations.

DATES: Comments must be received on or before September 4, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-69-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106. Comments may be inspected at this location 
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans, 
Switzerland; telephone: +41 41 619 62 33; facsimile: +41 41 610 33 51. 
This information also may be examined at the Rules Docket at the 
address above.

FOR FURTHER INFORMATION CONTACT: Mr. Roman T. Gabrys, Aerospace 
Engineer, Small Airplane Directorate, Airplane Certification Service, 
FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone: 
(816) 426-6932; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-CE-69-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 98-CE-69-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Federal Office for Civil Aviation (FOCA), which is the 
airworthiness authority for Switzerland, recently notified the FAA that 
an unsafe condition may exist on Models PC-12 and PC-12/45 airplanes 
that are equipped with the ``corporate commuter cabin layout.'' This 
layout is a Pilatus designation only and the affected airplanes are not 
certificated for commuter operation. The FOCA of Switzerland reports 
that the current executive cabin layout of the above-referenced 
airplanes, in particular the passenger seat configuration, has been 
found to not fully meet the head injury criteria (HIC) requirements of 
section 23.562 of the Federal Aviation Regulations (14 CFR 23.562).
    These conditions, if not corrected in a timely manner, could result 
in passenger injuries during an airplane crash because the passenger 
seat configuration has been found to not fully meet current head injury 
criteria regulations.

Relevant Service Information

    Pilatus has issued Service Bulletin No. 25-006, dated April 7, 
1998, which specifies procedures for modifying the passenger seats and 
seat rail covers.
    The FOCA of Switzerland classified this service bulletin as 
mandatory and issued Swiss AD HB 98-179, dated June 15, 1998, in order 
to assure the continued airworthiness of these airplanes in 
Switzerland.

The FAA's Determination

    These airplane models are manufactured in Switzerland and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the FOCA of Switzerland has kept the 
FAA informed of the situation described above.
    The FAA has examined the findings of the FOCA of Switzerland; 
reviewed all available information, including the service information 
referenced above; and determined that AD action is necessary for 
products of this type design that are certificated for operation in the 
United States.

[[Page 40846]]

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Pilatus PC-12 and PC-12/45 airplanes of the 
same type design registered in the United States, the FAA is proposing 
AD action. The proposed AD would require modifying the passenger seats 
and seat rail covers. Accomplishment of the proposed action would be 
required in accordance with Pilatus Service Bulletin No. 25-006, dated 
April 7, 1998.

Cost Impact

    The FAA estimates that 11 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 8 
workhours per airplane to accomplish the proposed modification, and 
that the average labor rate is approximately $60 an hour. Parts would 
be provided by the manufacturer at no cost to the owners/operators of 
the affected airplanes. Based on these figures, the total cost impact 
of the proposed AD on U.S. operators is estimated to be $5,280, or $480 
per airplane.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, 
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. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

Pilatus Aircraft Ltd.: Docket No. 98-CE-69-AD.

    Applicability: Models PC-12 and PC-12/45 airplanes, manufacturer 
serial numbers (MSN) 101 through MSN 230, certificated in any 
category, that are equipped with the ``corporate commuter cabin 
layout.''

    Note 1: This ``corporate commuter cabin layout'' is a Pilatus 
Aircraft Ltd. designation only and the affected airplanes are not 
certificated for commuter operation.
    Note 2: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Compliance: Required as indicated in the body of this AD, unless 
already accomplished.
    To prevent passenger injuries because the passenger seat 
configuration does not fully meet current head injury criteria 
regulations, accomplish the following:
    (a) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, modify the passenger seats and seat rail 
covers in accordance with the Accomplishment Instructions section of 
Pilatus Service Bulletin No. 25-006, dated April 7, 1998.
    (b) As of the effective date of this AD, no person may install, 
on any affected airplane, passenger seats and seat rail covers that 
are not modified in accordance with the Accomplishment Instructions 
section of Pilatus Service Bulletin No. 25-006, dated April 7, 1998.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
compliance times that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, 1201 Walnut, 
suite 900, Kansas City, Missouri 64106. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (e) Questions or technical information related to Pilatus 
Service Bulletin No 25-006, dated April 7, 1998, should be directed 
to Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans, 
Switzerland; telephone: +41 41 619 62 33; facsimile: +41 41 610 33 
51. This service information may be examined at the FAA, Central 
Region, Office of the Regional Counsel, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.

    Note 4: The subject of this AD is addressed in Swiss AD HB 98-
179, dated June 15, 1998.

    Issued in Kansas City, Missouri, on July 23, 1998.
Michael Gallagher,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-20441 Filed 7-30-98; 8:45 am]
BILLING CODE 4910-13-U