[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Rules and Regulations]
[Pages 7810-7812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3641]


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DEPARTMENT OF TRANSPORTATION)

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0146; Directorate Identifier 2009-CE-009-AD; 
Amendment 39-15820; AD 2009-04-14]
RIN 2120-AA64


Airworthiness Directives; PILATUS AIRCRAFT LTD. Model PC-12/47E 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Field reports have indicated that during take-off with light 
turbulences or after rapid roll/heading attitude changes soon after 
take-off, it is possible that both PFDs (Primary Flight Display) 
indicate a roll attitude offset of up to 10 degrees in the same 
direction. This condition has been reported to correct itself after 
several minutes of un-accelerated flight with levelled wings and no 
sideslip.
    This situation, if not corrected, could result in an undesired 
bank angle which constitutes an unsafe condition.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATE: This AD becomes effective February 20, 2009.
    We must receive comments on this AD by March 23, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64016; telephone: (816) 329-4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency AD No. 2009-0028-E, dated February 11, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Field reports have indicated that during take-off with light 
turbulences or after rapid roll/heading attitude changes soon after 
take-off, it is possible that both PFDs (Primary Flight Display) 
indicate a roll attitude offset of up to 10 degrees in the same 
direction. This condition has been reported to correct itself after 
several minutes of un-accelerated flight with levelled wings and no 
sideslip.
    This situation, if not corrected, could result in an undesired 
bank angle which constitutes an unsafe condition.
    For the reason described above, this Airworthiness Directive 
(AD) mandates as an interim measure a revision of the operational 
procedures to be inserted into the Pilot's Operating Handbook (POH).

You may obtain further information by examining the MCAI in the AD 
docket.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

[[Page 7811]]

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
reports have indicated that during take-off with light turbulences or 
after rapid roll/heading attitude changes soon after take-off, it is 
possible that both PFDs (Primary Flight Display), at the same time, 
incorrectly indicate a roll attitude offset of up to 10 degrees from 
level. This situation, if not corrected, could result in an undesired 
bank angle. Therefore, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0146; Directorate 
Identifier 2009-CE-009-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 
rulemaking action.

Regulatory Findings

    We 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 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 regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2009-04-14 PILATUS AIRCRAFT LTD: Amendment 39-15820; Docket No. FAA-
2009-0146; Directorate Identifier 2009-CE-009-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
20, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model PC-12/47E airplanes, manufacturer 
serial number (MSN) 545 and MSN 1001 and subsequent, certificated in 
any category.

Subject

    (d) Air Transport Association of America (ATA) Code 34: 
Navigation.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``Field reports have indicated that during take-off with light 
turbulences or after rapid roll/heading attitude changes soon after 
take-off, it is possible that both PFDs (Primary Flight Display) 
indicate a roll attitude offset of up to 10 degrees in the same 
direction. This condition has been reported to correct itself after 
several minutes of un-accelerated flight with levelled wings and no 
sideslip.
    This situation, if not corrected, could result in an undesired 
bank angle which constitutes an unsafe condition.
    For the reason described above, this Airworthiness Directive 
(AD) mandates as an interim measure a revision of the operational 
procedures to be inserted into the Pilot's Operating Handbook 
(POH).''

Actions and Compliance

    (f) Unless already done, before further flight after the 
effective date of this AD, do the following:
    (1) Insert the following information into the Limitations 
section of the POH: ``Maximum bank angle during climb must not 
exceed 30 degrees.''
    (2) Insert the following information into the Abnormal 
Procedures section of the POH: ``When a discrepancy is observed 
between the PFD and the electronic standby instrument system (ESIS), 
the aircraft should be flown with flight director (FD) and auto 
pilot (AP) engaged until the error corrects itself. The ESIS should 
be used as the primary means of attitude reference as long as the 
problem exists. If the problem does not disappear after 15 minutes, 
transition to visual meteorological conditions (VMC) conditions for 
the rest of the flight is required.''
    (3) Insert the following information into the Normal Procedures 
section of the POH: ``The FD shall be used for take-off in either 
heading or navigation mode as appropriate and with the heading or 
navigation properly

[[Page 7812]]

set. The pilot shall include the ESIS in the normal scan.''
    (4) Inserting a copy of this AD into the applicable section of 
the POH satisfies the requirements of this AD.
    (5) 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 may do the actions required in this AD. Make 
an entry in the aircraft records showing compliance with this 
portion of the AD following 14 CFR 43.9.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) We changed the language of the information to be inserted 
into the Limitations section in order to make the required action 
legally enforceable. Specifically, we changed the word ``should'' to 
``must.''
    (2) We are not allowing incorporating Temporary Revision No. 9, 
dated January 30, 2009, into the POH as an alternative method of 
compliance to the requirements of this AD because of the 
enforceability issued described above.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD. The Manager, Standards Office, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64016; telephone: (816) 329-4059; fax: (816) 329-4090. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2009-0028-E, dated February 11, 2009, and PILATUS AIRCRAFT LTD. 
Temporary Revision No. 9 to PC-12/47E Pilot's Operating Handbook, 
Report No. 02277, dated January 30, 2009, for related information.

    Issued in Kansas City, Missouri on February 12, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-3641 Filed 2-19-09; 8:45 am]
BILLING CODE 4910-13-P