[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Proposed Rules]
[Pages 71797-71799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34580]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-73-AD]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. ModelsPC-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 certain Pilatus Aircraft Ltd. (Pilatus) Models 
PC-12 and PC-12/45 airplanes. The proposed AD would require removing 
the ``Alternate Flap System'' from the airplane flight controls and 
inserting a temporary revision that specifies this change in SECTION 
2--LIMITATIONS of the PC-12 Pilot's Operating Handbook. 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 preclude improper use of 
the ``Alternate Flap System'', which could result in flap asymmetry 
with consequent reduced or loss of control of the airplane.

DATES: Comments must be received on or before February 1, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-73-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, FAA, Small Airplane Directorate,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-73-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-73-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

[[Page 71798]]

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 certain Pilatus Models PC-12 and PC-
12/45 airplanes. The FOCA of Switzerland reports pilots using the 
``Alternate Flap System'' without adhering to the prescribed procedures 
in SECTION 2--LIMITATIONS of the PC-12 Pilot's Operating Handbook.
    Improper use of the ``Alternate Flap System'' in the instance of a 
mechanical failure of the flap system may lead to flap asymmetry with 
consequent reduced or loss of control of the airplane.

Relevant Service Information

    Pilatus has issued Service Bulletin No. 27-004, dated September 15, 
1998, which specifies procedures for removing the ``Alternate Flap 
System'' from the airplane flight controls. This service bulletin also 
specifies inserting Pilatus Report No. 01973-001, Temporary Revision, 
in SECTION 2--LIMITATIONS of the PC-12 Pilot's Operating Handbook.
    The FOCA of Switzerland classified this service information as 
mandatory and issued Swiss AD HB 98-352, dated September 28, 1998, in 
order to assure the continued airworthiness of these airplanes in 
Switzerland.

The FAA's Determination

    This airplane model is manufactured in Switzerland and is 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.

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 
proposingAD action. The proposed AD would require removing the 
``Alternate Flap System'' from the airplane flight controls and 
inserting Pilatus Report No. 01973-001,Temporary Revision, in SECTION 
2--LIMITATIONS of the PC-12 Pilot's Operating Handbook. Accomplishment 
of the proposed ``Alternate Flap System'' removal would be required in 
accordance with Pilatus Service Bulletin No. 27-004, dated September 
15, 1998.

Cost Impact

    The FAA estimates that 90 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 10 
workhours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Pilatus will provide 
parts to the owners/operators of the affected airplanes at no charge. 
Based on these figures, the total cost impact of the proposed AD on 
U.S. operators is estimated to be $540,000, or $600 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-73-AD.

    Applicability: Models PC-12 and PC-12/45 airplanes, manufacturer 
serial numbers (MSN) 101 through MSN 227 and MSN 232; certificated 
in any category.

    Note: 1: 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 (e) 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 within the next 50 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent improper use of the ``Alternate Flap System'', which 
could result in flap asymmetry with consequent reduced or loss of 
control of the airplane, accomplish the following:
    (a) Remove the ``Alternate Flap System'' from the airplane flight 
controls, in accordance with the Accomplishment Instructions section of 
Pilatus Service Bulletin No. 27-004, dated September 15, 1998.
    (b) Insert Pilatus Report No. 01973-001, Temporary Revision, into 
SECTION 2--LIMITATIONS of the PC-12 Pilot's Operating Handbook.
    (c) Inserting the information specified in paragraph (b) of this AD 
into the PC-12 Pilot's Operating Handbook may be performed by the 
owner/operator holding at least a private pilot certificate as 
authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 
43.7), and must be entered into the aircraft records showing compliance 
with paragraph (b) of this AD in accordance with section 43.9 of the 
Federal Aviation Regulations (14 CFR 43.9).
    (d) 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

[[Page 71799]]

location where the requirements of this AD can be accomplished.
    (e) An alternative method of compliance or adjustment of the 
compliance time 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (f) Questions or technical information related to Pilatus Service 
Bulletin No. 27-004, dated September 15, 1998; and Pilatus Report No. 
01973-001, 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 3: The subject of this AD is addressed in Swiss AD HB 98-
352, dated September 28, 1998.

    Issued in Kansas City, Missouri, on December 22, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-34580 Filed 12-29-98; 8:45 am]
BILLING CODE 4910-13-U