[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14306-14309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04623]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0426; Project Identifier MCAI-2022-01324-A]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-10-28, which applies to all Pilatus Aircraft Ltd. (Pilatus) Model 
PC-24 airplanes. AD 2021-10-28 requires incorporating new revisions to 
the airworthiness limitations section (ALS) of the existing airplane 
maintenance manual (AMM) or Instructions for Continued Airworthiness 
(ICA) to incorporate new or more restrictive airworthiness limitations. 
Since the FAA issued AD 2021-10-28, the FAA has determined that new or 
more restrictive airworthiness limitations are necessary. This proposed 
AD would require revising the ALS of the existing AMM or ICA for your 
airplane, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference (IBR). The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this NPRM by April 24, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.

[[Page 14307]]

     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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0426; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.

Material Incorporated by Reference

     For material that is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: 
+49 221 8999 000; email: [email protected]; website: easa.europa.eu. 
You may find this material on the EASA website at ad.easa.europa.eu.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: 
(816) 329-4059; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0426; Project Identifier 
MCAI-2022-01324-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Doug 
Rudolph, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, Kansas 
City, MO 64106. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2021-10-28, Amendment 39-21561 (86 FR 30763, June 
10, 2021) (AD 2021-10-28), for all Pilatus Model PC-24 airplanes. AD 
2021-10-28 was prompted by MCAI originated by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA 
issued AD 2020-0202, dated September 22, 2020 (EASA AD 2020-0202) to 
prevent reduction in the structural integrity of the airframe and 
components, as well as an unrecognized failure of the manual pitch 
trim, which could lead to loss of control of the airplane. This 
prompted the FAA to issue AD 2021-10-28.
    AD 2021-10-28 requires incorporating new revisions to the ALS of 
the existing AMM or ICA to incorporate new tasks for the control column 
sprocket gear assembly and control wheel column assembly, to address 
the new limit of validity and update the usage assumptions and 
conditions for operations on unpaved and grass runways, and to correct 
an error in the horizontal stabilizer primary trim system secondary 
power source operational test.

Actions Since AD 2021-10-28 Was Issued

    Since the FAA issued AD 2021-10-28, EASA superseded EASA AD 2020-
0202 and issued EASA AD 2022-0207, dated October 10, 2022 (EASA AD 
2022-0207) (referred to after this as the MCAI), for all Pilatus Model 
PC-24 airplanes. The MCAI states that new or more restrictive tasks and 
limitations have been developed. These new or more restrictive 
airworthiness limitations include introducing new Certification 
Maintenance Requirement (CMR) Task AL-24-60-004, Emergency Power 
Contactor 2, by converting the existing Scheduled Maintenance Task SM-
24-60-0004, Emergency Contactor 2 Test (EC2 Test) into that CMR task. 
The FAA is issuing this AD to address failure of certain parts, which 
could result in loss of control of the airplane. Additionally, the 
actions required to address the unsafe condition in AD 2021-10-28 are 
included in ``the applicable ALS,'' as defined in EASA AD 2022-0207. 
You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0426.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0207 requires certain actions and associated 
thresholds and intervals, including life limits and maintenance tasks.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and is approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2021-
10-28. This proposed AD would require revising the ALS of the existing 
AMM or ICA for your airplane as specified in EASA AD 2022-0207, 
described previously. The owner/operator (pilot) holding at least a 
private pilot certificate may revise the ALS of the existing AMM

[[Page 14308]]

or ICA for your airplane, and performance of this incorporation must be 
entered into the aircraft records showing compliance with this AD in 
accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v). The record 
must be maintained as required by 14 CFR 91.417, 121.380, or 135.439.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2022-0207 by reference in the FAA 
final rule. Service information required by the EASA AD for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2023-0426 after the FAA final rule is published.

Differences Between This Proposed AD and EASA AD 2022-0207

    Paragraph (2) of EASA AD 2022-0207 requires corrective action in 
accordance with the applicable Pilatus maintenance documentation or 
contacting Pilatus for approved instructions and accomplishing those 
instructions accordingly. Paragraph (3) of EASA AD 2022-0207 requires 
revising the approved aircraft maintenance program. Paragraph (4) of 
EASA AD 2022-0207 provides credit for performing actions in accordance 
with previous revisions of the Pilatus AMM. Paragraph (5) of EASA AD 
2022-0207 explains that after revision of the approved aircraft 
maintenance program, it is not necessary to record accomplishment of 
individual actions for demonstration of AD compliance. This proposed AD 
would not require compliance with paragraphs (2) through (5) of EASA AD 
2022-0207.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 73 airplanes of U.S. registry. Labor rates are estimated at $85 
per work-hour. Based on these figures, the FAA estimates that revising 
the ALS of the existing AMM or ICA for your airplane would require 
about 1 work-hour for an estimated cost on U.S. operators of $6,205 or 
$85 per airplane.

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.
    The FAA is 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

    The FAA 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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

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

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:
0
a. Removing Airworthiness Directive (AD) 2021-10-28, Amendment 39-21561 
(86 FR 30763, June 10, 2021); and
0
b. Adding the following new AD:

Pilatus Aircraft Ltd.: Docket No. FAA-2023-0426; Project Identifier 
MCAI-2022-01324-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 24, 2023.

(b) Affected ADs

    This AD replaces AD 2021-10-28, Amendment 39-21561 (86 FR 30763, 
June 10, 2021) (AD 2021-10-28).

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-24 airplanes, 
all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 0500, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by 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 states that failure to revise the airworthiness 
limitations section (ALS) of the existing aircraft maintenance 
manual (AMM) by introducing new or more restrictive tasks and 
limitations, which introduces a new certification maintenance 
requirement (CMR) task to test emergency power contactor 2, could 
result in an unsafe condition. The FAA is issuing this AD to address 
failure of certain parts, which could result in loss of control of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Before further flight after the effective date of this AD, 
revise the ALS of the existing AMM or Instructions for Continued 
Airworthiness for your airplane by incorporating the requirements 
specified in paragraph (1) of European Union Aviation Safety Agency 
AD 2022-0207, dated October 10, 2022 (EASA AD 2022-0207).
    (2) The actions required by paragraph (g)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with Sec. Sec.  
43.9(a) and 91.417(a)(2)(v). The record must be maintained as 
required by Sec.  91.417, 121.380, or 135.439.

(h) Provisions for Alternative Requirements (Airworthiness Limitations)

    After the actions required by paragraph (g) of this AD have been 
done, no alternative requirements (airworthiness limitations) are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2022-0207.

[[Page 14309]]

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in Sec.  39.19. In accordance with Sec.  39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Validation Branch, send it to the 
attention of the person identified in paragraph (j) of this AD or 
email to: [email protected]. If mailing information, also 
submit information by email. Before using any approved AMOC, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the responsible Flight Standards Office.
    (2) Global AMOC AIR-730-22-248, dated July 12, 2022, was 
approved as an AMOC for the requirements of AD 2021-10-28, and is 
approved as an AMOC for the requirements of paragraph (g) of this 
AD. Other AMOCs previously issued for the requirements of AD 2021-
10-28 are not approved as an AMOC for the requirements of this AD.

(j) Additional Information

    For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, 901 Locust, Room 301, Kansas City, 
MO 64106; phone: (816) 329-4059; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0207, 
dated October 10, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0207, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04623 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-13-P