[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] ======================================================================= ----------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 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