[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Rules and Regulations]
[Pages 17384-17386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8516]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0347; Directorate Identifier 2009-CE-022-AD; 
Amendment 39-15883; AD 2009-08-10]
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 that will supersede an existing AD. 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 the possibility exists that 
both Primary Flight Displays (PFDs) could indicate a roll attitude 
offset of up to 10 degrees in the same direction if an accelerated 
turn onto the active runway is performed immediately followed by 
take-off. This condition has been reported to correct itself after 
several minutes.
    This situation, if not corrected, could result in an undesired 
bank angle, which would constitute an unsafe condition.

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

DATES: This AD becomes effective April 20, 2009.
    On April 20, 2009, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.
    We must receive comments on this AD by May 15, 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, 901 
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Discussion

    On February 12, 2009, we issued AD 2009-04-14, Amendment 39-15820 
(74 FR 7810; February 20, 2009). That AD required actions intended to 
address an unsafe condition on the products listed above.

[[Page 17385]]

    Since we issued AD 2009-04-14, we have received new MCAI that 
requires a revision of the operational procedures to be inserted into 
the pilot's operating handbook (POH).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency AD No. 2009-0080-E, dated April 3, 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 the possibility exists that 
both Primary Flight Displays (PFDs) could indicate a roll attitude 
offset of up to 10 degrees in the same direction if an accelerated 
turn onto the active runway is performed immediately followed by 
take-off. This condition has been reported to correct itself after 
several minutes.
    This situation, if not corrected, could result in an undesired 
bank angle, which would constitute an unsafe condition.
    As an interim measure, EASA Emergency AD 2009-0028-E required 
the introduction of a maximum bank angle during climb. As a result 
of the ongoing investigation, the problem can be temporarily solved 
with some limitations in the take-off procedure.
    For the reason described above, this AD supersedes EASA AD 2008-
0028-E and requires a revision of the operational procedures to be 
inserted into the POH. This action is still considered to be an 
interim solution and further AD action is likely to follow.

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

Relevant Service Information

    Pilatus Aircraft Ltd. has issued Temporary Revision No. 11 to PC-
12/47E Pilot's Operating Handbook, Report No. 02277, dated March 18, 
2009. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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.

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 the 
current FAA AD and the previous EASA emergency AD are not satisfying 
the unsafe condition. Operators must follow the new procedures to 
assure the unsafe condition is adequately addressed. 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-2009-0347; Directorate 
Identifier 2009-CE-022-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, Incorporation by 
reference, 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.

[[Page 17386]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15820 (74 FR 
7810; February 20, 2009), and adding the following new AD:

2009-08-10 Pilatus Aircraft Ltd: Amendment 39-15883; Docket No. FAA-
2009-0347; Directorate Identifier 2009-CE-022-AD.

Effective Date

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

Affected ADs

    (b) This AD supersedes AD 2009-04-14, Amendment 39-15820.

Applicability

    (c) This AD applies to Models PC-12/47E airplanes, manufacturer 
serial numbers (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 the possibility exists that 
both Primary Flight Displays (PFDs) could indicate a roll attitude 
offset of up to 10 degrees in the same direction if an accelerated 
turn onto the active runway is performed immediately followed by 
take-off. This condition has been reported to correct itself after 
several minutes.
    This situation, if not corrected, could result in an undesired 
bank angle, which would constitute an unsafe condition.
    As an interim measure, EASA Emergency AD 2009-0028-E required 
the introduction of a maximum bank angle during climb. As a result 
of the ongoing investigation, the problem can be temporarily solved 
with some limitations in the take-off procedure.
    For the reason described above, this AD supersedes EASA AD 2008-
0028-E and requires a revision of the operational procedures to be 
inserted into the POH. This action is still considered to be an 
interim solution and further AD action is likely to follow.

Actions and Compliance

    (f) Unless already done, before further flight as of April 20, 
2009 (the effective date of this AD), do the following actions:
    (1) Incorporate Pilatus Aircraft Ltd. Temporary Revision No. 11 
to PC-12/47E Pilot's Operating Handbook, Report No. 02277, dated 
March 18, 2009, into the Pilatus PC-12/47E POH.
    (2) Remove the information and/or the copy of AD 2009-04-14 
required by AD 2009-04-14 to be inserted in the POH.
    (3) 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) Since we never allowed incorporating Temporary Revision No. 
9, dated January 30, 2009, into the POH, we are not requiring the 
removal of Temporary Revision No. 9, dated January 30, 2009, as the 
MCAI requires.
    (2) Current regulations (1 CFR 51.7) do not allow us to both 
incorporate by reference a service document and write the provisions 
of that document in the AD. We have chosen to incorporate by 
reference the temporary revision.

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, 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 
64106; 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. 
2009-0080-E, dated April 3, 2009, and Pilatus Aircraft Ltd. 
Temporary Revision No. 11 to PC-12/47E Pilot's Operating Handbook, 
Report No. 02277, dated March 18, 2009, for related information.

Material Incorporated by Reference

    (i) You must use Pilatus Aircraft Ltd. Temporary Revision No. 11 
to PC-12/47E Pilot's Operating Handbook, Report No. 02277, dated 
March 18, 2009, 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 Service Manager, CH-6371 STANS, 
Switzerland; telephone: +41 (0)41 619 62 08; fax: +41 (0)41 619 73 
11; Internet: www.pilatus-aircraft.com/, or e-mail: 
aircraft.com">SupportPC12@pilatus-aircraft.com. You may get Pilatus Aircraft Ltd. 
Temporary Revision No. 11 to PC-12/47E Pilot's Operating Handbook, 
Report No. 02277, dated March 18, 2009, from the Web site of the 
Swiss Federal Office of Civil Aviation (FOCA): http://www.bazl.admin.ch/fachleute/lufttechnik/entwicklung/00677/index.html?lang=en.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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 April 8, 2009.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-8516 Filed 4-14-09; 8:45 am]
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