[Federal Register Volume 78, Number 57 (Monday, March 25, 2013)]
[Rules and Regulations]
[Pages 17865-17866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06169]



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  Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Rules 
and Regulations  

[[Page 17865]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0070; Directorate Identifier 2007-CE-098-AD; 
Amendment 39-17398; AD 2008-07-11 R1]
RIN 2120-AA64


Airworthiness Directives; PILATUS AIRCRAFT LTD. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; rescission; request for comments

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

SUMMARY: We are rescinding an airworthiness directive (AD) for all 
PILATUS AIRCRAFT LTD. Models PC-12, PC-12/45, and PC-12/47 airplanes. 
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. We issued that 
AD to mandate new life limits for the pitch trim actuator and pitch 
trim actuator attachment parts. If these new limitations were not 
mandated, the pitch trim actuator and the pitch trim actuator 
components could fail. This failure could lead to an unsafe flying 
configuration. Since we issued that AD, we have determined that the 
unsafe condition addressed in that AD is now addressed in another AD.

DATES: This AD is effective March 25, 2013.
    We must receive comments on this AD by May 9, 2013.

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 
64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    On March 27, 2008, we issued AD 2008-07-11, Amendment 39-15452 (73 
FR 18433, April 4, 2008). That AD required actions intended to address 
an unsafe condition on the products listed above.
    AD 2008-07-11, Amendment 39-15452 (73 FR 18433, April 4, 2008) was 
based on results of a full-scale fatigue test of the pitch trim 
actuator on PILATUS AIRCRAFT LTD. Models PC-12, PC-12/45, and PC-12/47 
airplanes. The life-limit was extended and the time between overhaul 
(TBO) was reduced. In addition, based on the results of the fatigue 
test, a life-limit of the pitch trim actuator attachment had been 
established.
    These new limitations were incorporated into the airworthiness 
limitations section of the Pilatus PC-12 Airplane Maintenance Manual 
(AMM) 12-A/AMP-04, chapter 4, revision 10, dated October 26, 2007.
    The new limitations for the pitch trim actuator TBO were moved from 
Chapter 5: Time Limits/Maintenance Checks, to Chapter 4: Structural, 
Component and Miscellaneous--Airworthiness Limitations. Since both 
chapter 4 and chapter 5 are mandatory within the European and Swiss 
airworthiness systems, it was not necessary for the European Aviation 
Safety Agency (EASA) and the Federal Office of Civil Aviation (FOCA) to 
issue an AD to mandate these new limitations.
    The only way the FAA can mandate the implementation of changes to 
the airworthiness limitations section of an FAA-approved maintenance 
program is by AD action.
    On February 8, 2013, we issued AD 2012-26-16, Amendment 39-17311 
(78 FR 11572, February 19, 2013). AD 2012-26-16 also requires 
incorporating new revisions into the Limitations section, Chapter 4, of 
the Pilatus PC-12 AMM. The limitations were revised to include an 
inspection of the wing main spar fastener holes at rib 6 for cracks.
    After issuing AD 2012-26-16, Amendment 39-17311 (78 FR 11572, 
February 19, 2013), we determined that AD 2008-07-11 should have been 
superseded by AD 2012-26-16. Since AD 2008-07-11 requires incorporating 
an earlier version of the airworthiness limitations section of the AMM, 
it could cause confusion for the owners/operators and could result in 
missed inspections and replacements required by AD 2012-26-16. 
Therefore, the need to continue to address this subject as an unsafe 
condition through AD 2008-07-11 is no longer necessary.

FAA's Determination

    We are issuing this AD because we evaluated all available 
information and determined the existing AD is no longer necessary.

AD Requirements

    This AD would rescind AD 2008-07-11, Amendment 39-15452 (73 FR 
18433, April 4, 2008).

FAA's Determination of the Effective Date

    An unsafe condition exists or could develop 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 unsafe condition addressed in AD 2008-07-11, 
Amendment 39-15452 (73 FR 18433, April 4, 2008) is currently addressed 
in AD 2012-26-16, Amendment 39-17311

[[Page 17866]]

(78 FR 11572, February 19, 2013). Allowing the airworthiness limitation 
section (ALS) required by AD 2008-07-11 to remain valid could cause 
confusion as to what is required and this could introduce an unsafe 
condition if certain areas were not inspected. 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-2008-0070; Directorate 
Identifier 2007-CE-098-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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 removing AD 2008-07-11, Amendment 39-
15452 (73 FR 18433, April 4, 2008), and adding the following new AD:

2008-07-11 R1 PILATUS AIRCRAFT LTD.: Amendment 39-17398; Docket No. 
FAA-2008-0070; Directorate Identifier 2007-CE-098-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 15, 
2013.

(b) Affected ADs

    This AD rescinds AD 2008-07-11, Amendment 39-15452 (73 FR 18433, 
April 4, 2008).

(c) Applicability

    This AD applies to PILATUS AIRCRAFT LTD. Models PC-12, PC-12/45, 
and PC-12/47 airplanes, all serial numbers, certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

    Issued in Kansas City, Missouri on March 11, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-06169 Filed 3-22-13; 8:45 am]
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