[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Proposed Rules]
[Pages 21561-21563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10728]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Proposed 
Rules  

[[Page 21561]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0437; Directorate Identifier 2009-CE-018-AD]
RIN 2120-AA64


Airworthiness Directives; PILATUS AIRCRAFT LTD. Models PC-12, PC-
12/45, PC-12/47 and PC-12/47E Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI (two different MCAI) describe the unsafe conditions as:

    FOCA AD HB 2002-271 was issued because the Nose Landing Gear 
(NLG) Right Hand (RH) upper drag link, Part Number (P/N) 
532.20.12.140 was found broken on some aircraft due to fatigue 
cracking, and therefore a life limit of 4,000 landings was 
introduced.
    Recent investigation of a new occurrence revealed that the 
replacement part NLG RH upper drag link P/N 532.20.12.289 also 
suffered fatigue cracking, however on a different location.
    Complete failure of the NLG RH upper drag link could result in 
NLG collapse during landing.

and

This Airworthiness Directive (AD) is prompted by reports of several 
in-service cracked torque tubes. A reduced wall thickness produced 
during the manufacturing process has been determined to be the 
initial cause. Additionally, all the involved torque tubes have been 
found to show fatigue cracking problems.
    Such a condition, if left uncorrected, could lead to failure of 
the torque tube and result in loss of the steering control on ground 
and consequent unsafe condition.

    The proposed AD would require actions that are intended to address 
the unsafe conditions described in the MCAI.

DATES: We must receive comments on this proposed AD by June 8, 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 proposed 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 
64106; telephone: (816) 329-4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0437; 
Directorate Identifier 2009-CE-018-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On July 7, 2003, we issued AD 2003-14-07, Amendment 39-13226 (68 FR 
41903; July 16, 2003). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2003-14-07, an investigation of a new occurrence 
of an upper drag link failure revealed that the replacement part NLG RH 
upper drag link P/N 532.20.12.289 also suffered fatigue cracking, 
however at a different location.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2009-0086 dated April 14, 2009, and AD No.: 2009-0060 dated March 
11, 2009 (referred to after this as ``the MCAI''), to correct the 
unsafe conditions for the specified products. The MCAI (two different 
MCAI) states:

    FOCA AD HB 2002-271 was issued because the Nose Landing Gear 
(NLG) Right Hand (RH) upper drag link, Part Number (P/N) 
532.20.12.140 was found broken on some aircraft due to fatigue 
cracking, and therefore a life limit of 4,000 landings was 
introduced.
    Recent investigation of a new occurrence revealed that the 
replacement part NLG RH upper drag link P/N 532.20.12.289 also 
suffered fatigue cracking, however on a different location.
    Complete failure of the NLG RH upper drag link could result in 
NLG collapse during landing. To address that condition, this AD is 
issued to mandate the implementation of the latest revision of the 
PC-12 Aircraft Maintenance Manual (AMM) chapter 4--airworthiness 
limitations section--by establishing repetitive inspections for the 
NLG RH upper drag links P/N 532.20.12.140 and P/N 532.20.12.289.

and

This Airworthiness Directive (AD) is prompted by reports of several 
in-service cracked torque tubes. A reduced wall thickness produced 
during the manufacturing process has been determined to be the 
initial cause. Additionally, all the

[[Page 21562]]

involved torque tubes have been found to show fatigue cracking 
problems.
    Such a condition, if left uncorrected, could lead to failure of 
the torque tube and result in loss of the steering control on ground 
and consequent unsafe condition.
    For the reason described above, this new AD mandates the 
replacement of certain torque tubes by new ones of an improved 
design and the latest revision of chapter 4 `limitations' of the PC-
12 Aircraft Maintenance Manual (AMM) which introduces the new life 
limit for torque tubes with Part Number (P/N) 532.50.12.047.

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

Relevant Service Information

    PILATUS AIRCRAFT LTD. has issued Service Bulletin No: 32-021, dated 
November 21, 2008. 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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
will affect 540 products of U.S. registry. We also estimate that it 
would take about 3.5 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $300 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $313,200, or $580 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $4,000, for a cost of 
$4,480 per product. We have no way of determining the number of 
products that may need these actions.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing Amendment 39-13226 (68 FR 
41903; July 16, 2003), and adding the following new AD:

Pilatus Aircraft LTD.: Docket No. FAA-2009-0437; Directorate 
Identifier 2009-CE-018-AD.

Comments Due Date

    (a) We must receive comments by June 8, 2009.

Affected ADs

    (b) This AD supersedes AD 2003-14-07, Amendment 39-13226.

Applicability

    (c) This AD applies to the following model and serial number 
airplanes, certificated in any category:
    (1) Models PC-12, PC-12/45, PC-12/47, manufacturer serial 
numbers (MSNs) 101 through 544, and MSNs 546 through 888; and
    (2) Model PC-12/47E, MSN 545 and MSNs 1001 through 1150.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
(two different MCAI) states:
    FOCA AD HB 2002-271 was issued because the Nose Landing Gear 
(NLG) Right Hand (RH) upper drag link, Part Number (P/N) 
532.20.12.140 was found broken on some aircraft due to fatigue 
cracking, and therefore a life limit of 4,000 landings was 
introduced.
    Recent investigation of a new occurrence revealed that the 
replacement part NLG RH upper drag link P/N 532.20.12.289 also 
suffered fatigue cracking, however on a different location.
    Complete failure of the NLG RH upper drag link could result in 
NLG collapse during landing. To address that condition, this AD is 
issued to mandate the implementation of the latest revision of the 
PC-12 Aircraft Maintenance Manual (AMM) chapter 4--airworthiness 
limitations section--by establishing repetitive inspections for the 
NLG RH upper drag links P/N 532.20.12.140 and P/N 532.20.12.289.


[[Page 21563]]


and

    This Airworthiness Directive (AD) is prompted by reports of 
several in-service cracked torque tubes. A reduced wall thickness 
produced during the manufacturing process has been determined to be 
the initial cause. Additionally, all the involved torque tubes have 
been found to show fatigue cracking problems.
    Such a condition, if left uncorrected, could lead to failure of 
the torque tube and result in loss of the steering control on ground 
and consequent unsafe condition.
    For the reason described above, this new AD mandates the 
replacement of certain torque tubes by new ones of an improved 
design and the latest revision of chapter 4 `limitations' of the PC-
12 Aircraft Maintenance Manual (AMM) which introduces the new life 
limit for torque tubes with Part Number (P/N) 532.50.12.047.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Limitations Section Actions: For all airplanes, before 
further flight after the effective date of this AD, insert 
Structural and Component Limitations--Airworthiness Limitations, 
document 12-A-04-00-00-00A-000T-A, dated January 28, 2009 (for PC-
12, PC-12/45, PC-12/47), and Structural and Component Limitations--
Airworthiness Limitations, document 12-B-04-00-00-00A-000A-A, dated 
January 27, 2009 (for PC-12/47E), into the Limitations section of 
the FAA-approved maintenance program (e.g., maintenance manual). The 
owner/operator holding at least a private pilot certificate as 
authorized by 14 CFR 43.7 may do this action. Make an entry in the 
aircraft records showing compliance with this portion of the AD 
following 14 CFR 43.9. The limitations section revision does the 
following:
    (i) Establishes a life limit for torque tube P/N 532.50.12.047 
and does not impose a life limit on torque tube P/N 532.50.12.064;
    (ii) Requires doing initial and repetitive inspections of nose 
landing gear right hand upper drag link P/N 532.20.12.140 (for PC-12 
and PC-12/45 airplanes) or P/N 532.20.12.289 (for all airplanes) in 
accordance with the time limits specified in the revision. The 
previous limitations did not allow installation of the upper drag 
link P/N 532.20.12.140 on PC-12/47 and PC-12/47E. The 4,000 landing 
limit for the upper drag link P/N 532.20.12.140 installed on the PC-
12 and PC-12/45 is retained from AD 2003-14-07 through this 
limitation requirement; and
    (iii) Does not require doing initial and repetitive inspections 
of nose landing gear right hand upper drag link P/N 532.20.12.296; 
therefore, installation of upper drag link P/N 532.20.12.296 
terminates the inspection requirement referenced in paragraph 
(f)(1)(ii) of this AD.
    (2) Additional Torque Tube Actions:
    (i) For PC-12 and PC-12/45, S/N 101 through 299, airplanes: 
Within the next 100 hours time-in-service (TIS) after the effective 
date of this AD or 1 year after the effective date of this AD, 
whichever occurs first, replace the torque tube P/N 532.50.12.047 
with torque tube P/N 532.50.12.064 following PILATUS AIRCRAFT LTD. 
Service Bulletin No: 32-021, dated November 21, 2008.
    (ii) For all airplanes: As of the effective date of this AD, do 
not install torque tube P/N 532.50.12.047.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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.

Special Flight Permit

    (i) We are limiting the special flight permits for this AD by 
requiring you to fly with the landing gear extended in order to 
reach the nearest maintenance facility where the inspection or 
replacement is done.

Related Information

    (j) Refer to MCAI (two different MCAI) AD No.: 2009-0086 dated 
April 14, 2009, and AD No.: 2009-0060 dated March 11, 2009; PILATUS 
AIRCRAFT LTD. Service Bulletin No: 32-021, dated November 21, 2008; 
Structural and Component Limitations--Airworthiness Limitations, 
document 12-A-04-00-00-00A-000T-A, dated January 28, 2009; and 
Structural and Component Limitations--Airworthiness Limitations, 
document 12-B-04-00-00-00A-000A-A, dated January 27, 2009, for 
related information.

    Issued in Kansas City, Missouri, on May 1, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-10728 Filed 5-7-09; 8:45 am]
BILLING CODE 4910-13-P