Airworthiness directives: Pilatus Aircraft Ltd,

[Federal Register: December 11, 2006 (Volume 71, Number 237)]

[Proposed Rules]

[Page 71497-71499]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr11de06-11]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26371; Directorate Identifier 2006-CE-70-AD]

RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Limited PC-12 and PC- 12/45 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. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as executive seats equipped with pedestal legs that were produced using a material that deviates from the approved design data. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 10, 2007.

ADDRESSES: You may send comments by any of the following methods:

DOT Docket Web Site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.

Fax: (202) 493-2251.

Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.

Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Examining the AD Docket

You may examine the AD docket on the Internet at http://dms.dot.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) 647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, 901 Locust, Room 301; telephone (816) 329-4059; fax (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and Federal Register requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products.

This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles.

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-2006- 26371; Directorate Identifier 2006-CE-70-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://dms.dot.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

The Federal Office of Civil Aviation (FOCA), which is the aviation authority for Switzerland, has issued FOCA AD HB-2006-444, dated November 7, 2006 (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states that executive seats equipped with pedestal legs were produced using a material that deviates from the approved design data. As a consequence the pedestal legs may not perform as intended under emergency landing conditions. In order to correct and control the situation, this AD requires a one time inspection to identify the Vendor Part Number (VPN) of the pedestal legs and the Serial Number (S/N) of the executive seat and the replacement of the pedestal legs if necessary. You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Pilatus Aircraft Limited has issued Service Bulletin No.: 25-032, dated October 2, 2006, and DeCrane Aircraft Seating Company, Inc. has issued Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006. 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

[[Page 71498]]

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 described in a separate paragraph of the proposed AD. These requirements, if ultimately adopted, will take precedence over the actions copied from the MCAI.

Costs of Compliance

Based on the service information, we estimate that this proposed AD would affect about 394 products of U.S. registry. We also estimate that it would take about 0.5 work-hours per product to comply with the inspection requirement of the proposed AD. In addition, we estimate this proposed AD would affect about 59 seats and take about 1 work-hour per seat to comply with the parts replacement requirement of the proposed AD. The average labor rate is $80 per work-hour. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $15,760, or $40 per product for inspection and $4,720, or $80 per seat for parts replacement.

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, 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

  4. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

    Sec. 39.13 [Amended]

  5. The FAA amends Sec. 39.13 by adding the following new AD:

    Pilatus Aircraft Limited: Docket No. FAA-2006-26371; Directorate Identifier 2006-CE-70-AD.

    Comments Due Date

    (a) We must receive comments by January 10, 2007.

    Affected ADs

    (b) None.

    Applicability

    (c) This AD applies to PC-12 and PC-12/45 airplanes, serial numbers 101 through 683, that are:

    (1) Certificated in any category; and

    (2) Equipped with executive passenger seats Model Number 4006 manufactured by DeCrane Aircraft Seating Company, Inc. Vendor Part Number (VPN) 403150-1 or 403150-2 with Serial Numbers (S/N) identified in DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006.

    Reason

    (d) The mandatory continuing airworthiness information (MCAI) states that executive seats equipped with pedestal legs were produced using a material that deviates from the approved design data. As a consequence the pedestal legs may not perform as intended under emergency landing conditions. In order to correct and control the situation, this AD requires a one time inspection to identify the VPN of the pedestal legs and the S/N of the executive seat and the replacement of the pedestal legs if necessary.

    Actions and Compliance

    (e) Unless already done, do the following actions.

    (1) Within 30 days after the effective date of this AD:

    (i) Perform an inspection to identify the VPN of the pedestal legs and the S/N of the executive seat following the accomplishment instructions in Pilatus PC-12 Service Bulletin No.: 25-032, dated October 2, 2006.

    (ii) If during the inspection required by paragraph (e)(1)(i) of this AD any pedestal legs with a VPN and executive seats with a S/N which correspond with the data in DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006 are found, prior to further flight, replace the affected pedestal legs following the accomplishment instructions in Pilatus PC-12 Service Bulletin No.: 25-032, dated October 2, 2006, with new pedestal legs with VPN 431005-17 and 431005-18. The removed parts must be returned to Pilatus.

    (2) As of the effective date of this AD, no person shall install any executive seats model number 4006 produced by DeCrane Aircraft Seating Company, Inc., VPN 403150-1 or 403150-2 with S/Ns identified in DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006, on any Pilatus Models PC-12 and PC-12/45 airplane, unless the mandatory actions of this AD have been implemented.

    FAA AD Differences

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

    Other FAA AD Provisions

    (f) The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, 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, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

    (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

    [[Page 71499]]

    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.

    Related Information

    (g) Refer to Federal Office of Civil Aviation (FOCA) AD HB-2006- 444, dated November 7, 2006; Pilatus Aircraft Limited Service Bulletin No.: 25-032, dated October 2, 2006; and DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006, for related information.

    Issued in Kansas City, Missouri, on December 4, 2006. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

    [FR Doc. E6-20971 Filed 12-8-06; 8:45 am]

    BILLING CODE 4910-13-P

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