[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57331-57333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18121]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / 
Rules and Regulations  

[[Page 57331]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1042; Project Identifier MCAI-2023-00274-A; 
Amendment 39-22518; AD 2023-15-06]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This AD was 
prompted by reports of an electrical burning smell in the cabin without 
the presence of smoke. This AD requires revising the Limitations 
Section of the existing airplane flight manual (AFM) 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 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 27, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
27, 2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1042; 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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA service information identified in this final 
rule, 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: 
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. It is also available at 
regulations.gov under Docket No. FAA-2023-1042.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4059; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Pilatus Model PC-24 
airplanes. The NPRM published in the Federal Register on May 15, 2023 
(88 FR 30909). The NPRM was prompted by AD 2023-0038, dated February 
14, 2023, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (referred to after this as ``the MCAI''). 
The MCAI states that there have been reports of an electrical burning 
smell in the cabin without the presence of smoke and there is currently 
no AFM procedure for addressing this condition. The current AFM 
procedure for smoke/fume in the cockpit and/or cabin requires the 
immediate use of supplemental oxygen and smoke goggles for the flight 
crew, which leads to increased flight crew workload. Failure to revise 
the AFM to include a new task addressing an electrical burning smell in 
the cabin without the presence of smoke could result in an unsafe 
condition.
    In the NPRM, the FAA proposed to provide the flight crew with a new 
procedure in the existing AFM for your airplane to address the presence 
of an electrical burning smell in the cabin without the presence of 
smoke. This condition, if not addressed, could lead to increased pilot 
workload, possibly resulting in a reduction of safety margins and an 
emergency landing. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1042.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from one commenter, Pilatus. The 
following presents the comment received on the NPRM and the FAA's 
response to the comment.

Request To Revise Emergency Procedures Instead of Limitations Section

    Pilatus commented that Section 2, Limitations, of the AFM is not 
affected by this new procedure, but Section 3, Emergency Procedures, 
is. The FAA infers that the commenter is requesting that the 
information in Pilatus PC-24 AFM Temporary Revision 02371-055 (AFM TR 
02371-055) be inserted in Section 3A, Abnormal Procedures within the 
Emergency Procedures Section of the AFM and not in the Limitations 
Section.
    The FAA agrees that AFM TR 02371-055 affects Section 3A, Abnormal 
Procedures, of the AFM, but FAA regulations do not mandate compliance 
with the Abnormal Procedures Section of the AFM. As explained in the 
``Differences Between this AD and the MCAI'' section of this final 
rule, EASA AD 2023-0038 requires inserting AFM TR 02371-055 into the 
Abnormal Procedures Section of the AFM, but this AD requires inserting 
AFM TR 02371-055 into the Limitations Section of the existing AFM 
because FAA regulations mandate compliance with only the operating 
limitations section of the flight manual. The FAA did not change this 
AD as a result of this comment.

Conclusion

    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 this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA reviewed the relevant data, 
considered the comment received,

[[Page 57332]]

and determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. Except for minor editorial changes, and any other 
changes described previously, this AD is adopted as proposed in the 
NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0038 requires revising the AFM by inserting a copy of 
AFM TR 02371-055 into the Abnormal Procedures Section, informing all 
flight crews, and operating the airplane accordingly. 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 
the ADDRESSES section.

Differences Between This AD and the MCAI

    EASA AD 2023-0038 requires inserting AFM TR 02371-055 into the 
Abnormal Procedures Section of the AFM, but this AD requires inserting 
AFM TR 02371-055 into the Limitations Section of the existing AFM 
because FAA regulations mandate compliance with only the operating 
limitations section of the flight manual.
    EASA AD 2023-0038 specifies to ``inform all flight crews and, 
thereafter, operating the airplane accordingly'' and this AD does not 
specifically require those actions.
    14 CFR 91.9 requires that no person may operate a civil aircraft 
without complying with the operating limitations specified in the AFM. 
Therefore, including a requirement in this AD to operate the airplane 
according to the revised AFM would be redundant and unnecessary. 
Further, compliance with such a requirement in an AD would be 
impracticable to demonstrate or track on an ongoing basis; therefore, a 
requirement to operate the airplane in such a manner would be 
unenforceable.

Interim Action

    The FAA considers that this AD is an interim action. If final 
action is later identified, the FAA may consider further rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 97 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise AFM............................  0.50 work-hour x $85 per              $0          $42.50       $4,122.50
                                         hour = $42.50.
----------------------------------------------------------------------------------------------------------------

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

    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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

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 adding the following new airworthiness 
directive:

2023-15-06 Pilatus Aircraft Ltd: Amendment 39-22518; Docket No. FAA-
2023-1042; Project Identifier MCAI-2023-00274-A.

(a) Effective Date

    This airworthiness directive (AD) is effective September 27, 
2023.

(b) Affected Ads

    None.

(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: 2100, Heating 
System.

(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 there have been reports of an 
electrical burning smell in the cabin without the presence of smoke 
and there is currently no airplane flight manual (AFM) procedure for 
addressing this condition. The FAA is issuing this AD to provide the 
flight crew with a new procedure in the existing AFM for your 
airplane to address the presence of an electrical burning smell in 
the cabin without the presence of smoke. This condition, if not 
addressed, could lead to increased pilot workload, possibly 
resulting in a reduction of safety margins and an emergency landing.

(f) Compliance

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

(g) Required Action

    (1) Except as specified in paragraph (h) of this AD: Comply with 
all required actions and compliance times specified in, and in 
accordance with, European Union Aviation

[[Page 57333]]

Safety Agency (EASA) AD 2023-0038, dated February 14, 2023 (EASA AD 
2023-0038).
    (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) Exceptions to EASA AD 2023-0038

    (1) Where EASA AD 2023-0038 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2023-0038 specifies to 
``amend the AFM by inserting a copy of the AFM TR,'' this AD 
requires replacing those words with ``revise the Limitations Section 
of the existing AFM for your airplane by inserting a copy of the AFM 
TR as defined in EASA AD 2023-0038.''
    (3) Where paragraph (1) of EASA AD 2023-0038 specifies to 
``inform all flight crews and, thereafter, operate the [airplane] 
accordingly,'' this AD does not require those actions.
    (4) This AD does not adopt the Remarks paragraph of EASA AD 
2023-0038.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 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.

(j) Additional Information

    For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4059; email: 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2023-0038, dated 
February 14, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0038, 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 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 August 17, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-18121 Filed 8-22-23; 8:45 am]
BILLING CODE 4910-13-P