[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Rules and Regulations]
[Pages 65387-65389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18734]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25582; Directorate Identifier 2006-CE-42-AD; 
Amendment 39-14813; AD 2006-23-01]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Model PC-7 
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) Model PC-7 airplanes. This AD requires 
you to do repetitive eddy-current, non-destructive inspections of the 
nose skin and adjacent structure above the left and right main landing 
gear bay and repetitive visual inspections of the forward support 
structure of the floor panel for crack damage. If you find any crack 
damage, this AD requires you to contact Pilatus to obtain a repair 
solution and incorporate the repair. This AD results from mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Switzerland. We are issuing this AD to detect and correct 
cracks in the nose skin and adjacent structure above the left and right 
main landing gear bay and in the forward support structure of the floor 
panel. Crack propagation in certain areas could lead to failure of the 
main wing torsion box, which could result in loss of control.

DATES: This AD becomes effective on December 13, 2006.
    As of December 13, 2006, 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 63 19; fax: +41 41 619 6224.
    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 20590-0001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-25582; Directorate 
Identifier 2006-CE-42-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; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    On September 11, 2006, 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 Model PC-7 airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on September 15, 2006 (71 FR 54441). The NPRM proposed to 
require you to do repetitive eddy-current, non-destructive inspections 
of the nose skin and adjacent structure above the left and right main 
landing gear bay and repetitive visual inspections of the forward 
support structure of the floor panel for crack damage. If crack damage 
is found, the NPRM proposed to require you to contact Pilatus to obtain 
a repair solution and incorporate the repair.

Comments

    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:
    We received one comment from Pilatus Aircraft in favor of the 
proposed AD.

[[Page 65388]]

Comment Issue No. 1: Publish the Manufacturer Service Information

    Jack Buster with the Modification and Replacement Parts Association 
(MARPA) provides comments on the MCAI AD process pertaining to how the 
FAA addresses publishing manufacturer service information as part of a 
proposed AD action. The commenter states that the proposed rule 
attempts to require compliance with a public law by reference to a 
private writing (as referenced in paragraph (e) of the proposed AD). 
The commenter would like the FAA to incorporate by reference (IBR) the 
Pilatus service bulletin.
    We agree with Mr. Buster. However, we do not IBR any document in a 
proposed AD action, instead we IBR the document in the final rule. 
Since we are issuing the proposal as a final rule AD action, Pilatus 
PC-7 Service Bulletin No. 57-009, dated January 29, 2004, is 
incorporated by reference.

Comment Issue No. 2: Availability of IBR Documents in the Docket 
Management System (DMS)

    Mr. Buster requests IBR documents be made available to the public 
by publication in the Federal Register or in the DMS.
    We are currently reviewing issues surrounding the posting of 
service bulletins in the Department of Transportation's DMS as part of 
the AD docket. Once we have thoroughly examined all aspects of this 
issue and have made a final determination, we will consider whether our 
current practice needs to be revised.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
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.

Differences Between the FOCA AD, the Service Information, and This AD

    The FOCA AD HB-2006-374, effective date August 2, 2006, allows 
continued flight if cracks are found in the nose skin that do not 
exceed certain limits. The applicable service bulletin specifies repair 
of the nose skin only if cracks are found exceeding limits illustrated 
in Pilatus PC-7 Service Bulletin No. 57-009, dated January 29, 2004, as 
does FOCA AD HB-2006-374, effective date August 2, 2006. This AD does 
not allow continued flight if any crack is found. The FAA policy is to 
disallow airplane operation when known cracks exist in primary 
structure, unless the ability to sustain ultimate load with these 
cracks is proven. The nose skin is considered primary structure, and 
the FAA has not received any analysis to prove that ultimate load can 
be sustained with cracks in this area.
    The requirements of this AD take precedence over the provisions in 
the service information.

Costs of Compliance

    We estimate that this AD affects 10 airplanes in the U.S. registry.
    We estimate the following costs to accomplish the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $80 per hour = $240............  No parts required...............            $240          $2,400
----------------------------------------------------------------------------------------------------------------

    Any required ``upon-condition'' repairs will vary depending upon 
the damage found. Based on this, we have no way of determining the 
potential repair costs for each airplane or the number of airplanes 
that will need the repairs based on the result of the inspections.

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.
    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

    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.
    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-2006-25582; Directorate Identifier 2006-CE-42-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:

2006-23-01 Pilatus Aircraft Ltd.: Amendment 39-14813; Docket No. 
FAA-2006-25582; Directorate Identifier 2006-CE-42-AD.

[[Page 65389]]

Effective Date

    (a) This AD becomes effective on December 13, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model PC-7 airplanes, manufacturer serial 
numbers 101 through 618 inclusive, that are certificated in any 
category.

Unsafe Condition

    (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 detect 
and correct cracks in the nose skin and adjacent structure above the 
left and right main landing gear bay and in the forward support 
structure of the floor panel. Crack propagation in certain areas 
could lead to failure of the main wing torsion box. This failure 
could result in loss of control.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect:
    (i) The forward area of   Initially inspect     Do the initial
     the floor panel and the   within the next 150   inspection
     related structure for     hours time-in-        following Pilatus
     cracks using magnified,   service or 6          PC-7 Service
     visual methods.           calendar months,      Bulletin No. 57-
    (ii) The nose skin and     whichever occurs      009, dated January
     adjacent structure        first, after          29, 2004. Do the
     above the left and        December 13, 2006     repetitive
     right main landing gear   (the effective date   inspections
     bay for cracks using      of this AD), unless   following the
     eddy-current, non-        already done.         procedures in AMM
     destructive methods.      Repetitively          57-10-03, dated
                               inspect thereafter    March 4, 2005, and
                               at intervals          AMM 05-30-05, dated
                               specified in          February 28, 2006.
                               paragraph 2.B. of
                               Pilatus PC-7
                               Aircraft
                               Maintenance Manual
                               (AMM) 05-10-00,
                               dated March 4, 2005.
(2) If crack damage is found  Before further        Obtain an FAA-
 during any inspection         flight after any      approved repair
 required by paragraph         inspection in which   solution from the
 (e)(1) of this AD, obtain     crack damage is       manufacturer
 an FAA-approved repair        found. Further        through the FAA at
 solution from the             flight with crack     the address
 manufacturer through the      damage is not         specified in
 FAA at the address            permitted. After      paragraph (f) of
 specified in paragraph (f)    incorporating the     this AD and
 of this AD and incorporate    repair,               incorporate the
 the repair.                   repetitively          repair.
                               inspect as
                               specified in
                               paragraph (e)(1) of
                               this AD.
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Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Standards Staff, FAA, Small Airplane 
Directorate, Attn: Doug Rudolph, Aerospace Engineer, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; 
fax: (816) 329-4090, has the authority to approve AMOCs for this AD, 
if requested using the procedures found in 14 CFR 39.19.

Related Information

    (g) The Federal Office for Civil Aviation Swiss AD HB-2006-374, 
effective date August 2, 2006, also addresses the subject of this 
AD.

Material Incorporated by Reference

    (h) You must use Pilatus PC-7 Service Bulletin No. 57-009, dated 
January 29, 2004, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans, 
Switzerland; telephone: +41 41 619 63 19; fax: +41 41 619 6224.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on October 26, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-18734 Filed 11-7-06; 8:45 am]
BILLING CODE 4910-13-P