[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33344-33346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10949]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20720; Directorate Identifier 2005-CE-17-AD; 
Amendment 39-14108; AD 2005-11-06]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Pilatus Aircraft Ltd. (Pilatus) Models PC-12 and PC-12/45 airplanes. 
This AD requires you to insert a temporary revision into the 
Limitations Section of the Pilot Operating Handbook (POH). This AD also 
requires you to replace the pitch actuator with an improved design 
pitch actuator and make the necessary wiring and circuit breaker 
changes, as applicable. Installing the improved design pitch actuator 
terminates the need for the temporary revision in the POH. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Switzerland. We are issuing 
this AD to prevent an out-of-trim condition from occurring when the 
flaps are at a 40-degree flight phase and the pilot disconnects the 
autopilot. This condition could lead to reduced ability to control the 
airplane.

DATES: This AD becomes effective on July 18, 2005.
    As of July 18, 2005, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans, 
Switzerland; telephone: +41 41 619 6208; facsimile: +41 41 619 7311; e-
mail: aircraft.com">SupportPC12@pilatus-aircraft.com or from Pilatus Business 
Aircraft Ltd., Product Support Department, 11755 Airport Way, 
Broomfield, Colorado 80021; telephone: (303) 465-9099; facsimile: (303) 
465-6040.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2005-20720; Directorate 
Identifier 2005-CE-17-AD.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The Federal Office for Civil 
Aviation (FOCA), which is the airworthiness authority for Switzerland, 
recently notified FAA that an unsafe condition may exist on certain 
Pilatus Models PC-12 and PC-12/45 airplanes. The FOCA reports that an 
abrupt nose down pitch condition occurred on a PC-12 airplane.
    Investigation revealed that the pilot disconnected the autopilot 
when the flaps were at a 40-degree selection.
    Pilatus has determined that the pitch actuator sense circuitry 
becomes over-active during a 40-degree flight phase. Therefore, Pilatus 
designed a new pitch actuator that modifies sense output signals and 
removes the flap in motion signal to the autopilot.
    What is the potential impact if FAA took no action? This condition, 
if not corrected, could result in an out-of-trim condition when the 
flaps are at a 40-degree flight phase and the pilot disconnects the 
autopilot. This condition could lead to reduced ability to control the 
airplane.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to certain Pilatus Models PC-12 and PC-
12/45 airplanes. This proposal was published in the Federal Register as 
a notice of proposed rulemaking (NPRM) on April 13, 2005 (70 FR 19342). 
The NPRM proposed to require you to insert the temporary revision into 
the Limitations Section of the Pilot Operating Handbook (POH). The NPRM 
also proposed to require you to replace the pitch actuator with an 
improved design pitch actuator and make the necessary wiring and 
circuit breaker changes, as applicable. Installing the improved design 
pitch actuator would terminate the need for the temporary revision in 
the POH.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue: Change the Compliance Time for Replacing the Pitch 
Actuator

    What is the commenter's concern? Two commenters state the 
requirement to replace the pitch actuator within 6 months after the 
effective date of the AD may place an unnecessary burden on both the 
operators and service centers.
    The Pilatus PC-12 fleet consists of over 500 airplanes worldwide. 
Because of material quantity constraints, the logistics associated with 
replacing the pitch actuator within six months would be nearly 
impossible for all operators.
    Extensive flight-testing identified the unsafe condition associated 
with

[[Page 33345]]

operation of the autopilot with 40-degree flaps.
    The AD requires inserting a temporary revision into the Pilot 
Operating Handbook (POH) prohibiting the use of the autopilot with the 
flaps at the 40-degree position, which removes the risk of a major out 
of trim condition.
    The commenters request the compliance time for replacing the pitch 
actuator be changed from ``Within the next 6 months after the effective 
date of this AD, unless already done,'' to ``Before December 31, 
2006.''
    What is FAA's response to the concern? We partially agree with the 
commenters.
    Since it has been identified through flight-testing that the unsafe 
condition can be avoided by inserting Temporary Revision No. 11 or No. 
40 into the Limitation Section of the POH, we agree to extend the 
compliance time for replacing the pitch actuator.
    Extending the compliance time will allow the owners/operators more 
time to get the pitch actuator replaced and allows the supplier to meet 
the demand for parts in a timely manner. However, we rarely use a 
specific calendar date to express compliance time and only then when 
engineering analysis establishes a direct relationship between the date 
and either the compliance ``threshold'' or the ``grace period.''
    Basically, the commenters are requesting an additional 12 months to 
replace the pitch actuator.
    Therefore, we will change the final rule AD action and increase the 
compliance time for replacing the pitch actuator to ``Within the next 
18 months after the effective date of this AD, unless already done.''

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 330 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to incorporate the 
Pilot Operating Handbook (POH) Temporary Revision:

------------------------------------------------------------------------
                                                 Total cost   Total cost
          Labor cost              Parts cost        per        on U.S.
                                                  Airplane    operators
------------------------------------------------------------------------
1 work hour x $65 per hour =   Not applicable.          $65      $21,450
 $65..
------------------------------------------------------------------------

    Pilatus will provide warranty credit for replacing the pitch 
actuator to the extent stated in the service information.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
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.
    We are 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 AD.

Regulatory Findings

    Will this AD impact various entities? We have determined that 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2005-20720; Directorate Identifier 2005-CE-17-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2005-11-06 Pilatus Aircraft Ltd.: Amendment 39-14108; Docket No. 
FAA-2005-20720; Directorate Identifier 2005-CE-17-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on July 18, 2005.

[[Page 33346]]

What Other ADs Are Affected By This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Models PC-12 and PC-12/45 airplanes, 
Manufacturers Serial Numbers (MSN) 101 through 620, that are 
certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Switzerland. The actions specified in this AD are intended to 
prevent an out-of-trim condition from occurring when the flaps are 
at a 40-degree flight phase and the pilot disconnects the autopilot. 
This condition could lead to reduced ability to control the 
airplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Insert Temporary          Within the next 90    The owner/operator
 Revision No. 11 (Report No.   days after July 18,   holding at least a
 02211) or No. 40 (Report      2005 (the effective   private pilot
 No. 01973-001) into the       date of this AD),     certificate as
 Limitations Section of the    unless already done.  authorized by
 PC-12 Pilot's Operating                             section 43.7 of the
 Handbook (POH).                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.7) may modify
                                                     the POH as
                                                     specified in
                                                     paragraph (e)(1) of
                                                     this AD. Make an
                                                     entry into the
                                                     aircraft records
                                                     showing compliance
                                                     with this portion
                                                     of the AD following
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(2) Replace the pitch         Within the next 18    Follow Pilatus PC12
 actuator, part number (P/N)   months after July     Service Bulletin
 985.92.03.161, with an        18, 2005 (the         No. 22-004, dated
 improved design pitch         effective date of     December 21, 2004.
 actuator, P/N                 this AD), unless
 985.92.03.164; and make the   already done.
 associated wiring and
 circuit breaker changes (as
 applicable).
(3) Remove the Temporary      Before further        The owner/operator
 Revision to the POH           flight after the      holding at least a
 specified in paragraph        pitch actuator is     private pilot
 (e)(1) of this AD after the   replaced with an      certificate as
 pitch actuator is replaced    improved design       authorized by
 as required in paragraph      pitch actuator.       section 43.7 of the
 (e)(2) of this AD.                                  Federal Aviation
                                                     Regulations (14 CFR
                                                     43.7) may modify
                                                     the POH as
                                                     specified in
                                                     paragraph (e)(3) of
                                                     this AD. Make an
                                                     entry into the
                                                     aircraft records
                                                     showing compliance
                                                     with this portion
                                                     of the AD following
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(4) Do not install a P/N      As of July 18, 2005   Not applicable.
 985.92.03.161 pitch           (the effective date
 actuator.                     of this AD).
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Doug Rudolph, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: 
(816) 329-4090.

Is There Other Information That Relates to This Subject?

    (g) Swiss AD Number HB-2005-128, effective date March 29, 2005, 
also addresses the subject of this AD.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in Pilatus PC12 Service Bulletin No. 22-004, dated 
December 21, 2004. The Director of the Federal Register approved the 
incorporation by reference of this service bulletin in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this 
service information, contact Pilatus Aircraft Ltd., Customer Liaison 
Manager, CH-6371 Stans, Switzerland; telephone: +41 41 619 6208; 
facsimile: +41 41 619 7311; e-mail: aircraft.com">SupportPC12@pilatus-aircraft.com 
or from Pilatus Business Aircraft Ltd., Product Support Department, 
11755 Airport Way, Broomfield, Colorado 80021; telephone: (303) 465-
9099; facsimile: (303) 465-6040. To review copies of this service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030. To 
view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif 
Building, Room PL-401, Washington, DC 20590-001 or on the Internet 
at http://dms.dot.gov. The docket number is FAA-2005-20720; 
Directorate Identifier 2005-CE-17-AD.

    Issued in Kansas City, Missouri, on May 25, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-10949 Filed 6-7-05; 8:45 am]
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