[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21543-21546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07539]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0667; Project Identifier MCAI-2022-00735-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) 
2022-19-03, which applies to all Pilatus Aircraft Ltd. (Pilatus) Model 
PC-12, PC-12/45, PC-12/47, and PC-12/47E airplanes. AD 2022-19-03 
requires incorporating new revisions to the airworthiness limitation 
section (ALS) of the existing airplane maintenance manual (AMM) or 
Instructions for Continued Airworthiness (ICA) to establish a 5-year 
life limit for certain main landing gear (MLG) actuator bottom 
attachment bolts and new life limits for the rudder bellcrank. Since 
the FAA issued AD 2022-19-03, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This proposed AD 
would require revising the ALS section 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 May 26, 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.
     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-2023-0667; 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, FAA, 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-2023-0667; Project Identifier 
MCAI-2022-00735-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

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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, FAA, 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 2022-19-03, Amendment 39-22172 (87 FR 57809, 
September 22, 2022), (AD 2022-19-03), for all Pilatus Model PC-12, PC-
12/45, PC-12/47, and PC-12/47E airplanes. AD 2022-19-03 was prompted by 
MCAI originated by EASA, which is the Technical Agent for the Member 
States of the European Union. EASA issued AD 2021-0214, dated September 
17, 2021 (EASA AD 2021-0214). The unsafe condition in EASA AD 2021-0214 
is failure of MLG actuator bottom attachment bolts and failure to 
accomplish a new life limit for the rudder bellcrank. This prompted the 
FAA to issue AD 2022-19-03.
    AD 2022-19-03 requires incorporating new revisions to the ALS of 
the existing AMM or ICA to establish a 5-year life limit for certain 
MLG actuator bottom attachment bolts and new life limits for the rudder 
bellcrank. The FAA issued AD 2022-19-03 to prevent MLG collapse during 
all phases of airplane operations, including take-off and landing and 
also to prevent rudder bellcrank failure, which could lead to loss of 
airplane control.

Actions Since AD 2022-19-03 Was Issued

    Since the FAA issued AD 2022-19-03, EASA superseded EASA AD 2021-
0214 and issued EASA AD 2022-0103, dated June 9, 2022 (EASA AD 2022-
0103) (referred to after this as the MCAI), for all Pilatus Model PC-
12, PC-12/45, PC-12/47, and PC-12/47E airplanes. The MCAI states that 
new or more restrictive tasks and limitations have been developed. 
These new or more restrictive airworthiness limitations include 
repetitive inspections for cracks in the lower main spar connection of 
the horizontal stabilizer. The FAA is issuing this AD to address 
failure of certain parts, which could result in loss of airplane 
control. Additionally, the actions required to address the unsafe 
condition in AD 2022-19-03 are included in ``the applicable ALS,'' as 
defined in EASA AD 2022-0103. You may examine the MCAI in the AD docket 
at regulations.gov under Docket No. FAA-2023-0667.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0103 requires certain actions and associated 
thresholds and intervals, including life limits and maintenance tasks. 
EASA AD 2022-0103 also requires doing corrective actions if any 
discrepancy (as defined in the applicable ALS) is found during 
accomplishment of any task required by paragraph (1) of EASA AD 2022-
0103 and revising the approved aircraft maintenance program (AMP) by 
incorporating the limitations, tasks, and associated thresholds and 
intervals described in ``the applicable ALS'' as defined in EASA AD 
2022-0103. 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 are 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 2022-
19-03. This proposed AD would require revising the ALS of the existing 
AMM or ICA for your airplane as specified in EASA AD 2022-0103, 
described previously, except as discussed under ``Differences Between 
this Proposed AD and EASA AD 2022-0103.'' The owner/operator (pilot) 
holding at least a private pilot certificate may revise the ALS of the 
existing AMM 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 2022-0103 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-2023-0667 after the FAA final rule is published.

Differences Between This AD and EASA AD 2022-0103

    Paragraph (2) of EASA AD 2022-0103 requires corrective actions in 
accordance with the applicable Pilatus maintenance documentation or 
contacting Pilatus for approved instructions and accomplishing those 
instructions accordingly. Paragraph (3) of EASA AD 2022-0103 requires 
revising the approved AMP. Paragraph (4) of EASA AD 2022-0103 provides 
credit for performing actions in accordance with previous revisions of 
the Pilatus AMM. Paragraph (5) of EASA AD 2022-0103 explains that after 
revision of the approved AMP, 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 2022-0103.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,030 airplanes of U.S. registry. Labor rates are estimated at 
$85 per work-hour. Based on these numbers, 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 
$87,550 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.

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    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 2022-19-03, Amendment 39-22172 (87 
FR 57809, September 22, 2022); and
0
b. Adding the following new AD:

Pilatus Aircraft Ltd.: Docket No. FAA-2023-0667; Project Identifier 
MCAI-2022-00735-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 26, 2023.

(b) Affected ADs

    This AD replaces AD 2022-19-03, Amendment 39-22172 (87 FR 57809, 
September 22, 2022); (AD 2022-19-03).

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-12, PC-12/45, 
PC-12/47, and PC-12/47E 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 and more restrictive instructions 
and maintenance tasks as specified in the component limitations 
section, which includes repetitive inspections for cracks in the 
lower main spar connection of the horizontal stabilizer, could 
result in an unsafe condition. The FAA is issuing this AD to address 
failure of certain parts, which could result in loss of airplane 
control.

(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 2022-0103, dated June 9, 2022 (EASA AD 2022-0103).
    (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 14 CFR 43.9(a) 
and 91.417(a)(2)(v). The record must be maintained as required by 14 
CFR 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 2022-0103.

(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-730-22-357, dated September 28, 2022, and 
Global AMOC AIR-730-23-054 R1, dated February 10, 2023, were 
approved as AMOCs for the requirements for AD 2022-19-03, and are 
approved as AMOCs for the requirements of paragraph (g) of this AD. 
Other AMOCs previously issued for the requirements of AD 2022-19-03 
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, FAA, 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 AD 2022-0103, dated 
June 9, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0103, 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.


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    Issued on April 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07539 Filed 4-10-23; 8:45 am]
BILLING CODE 4910-13-P