AD 2009-14-13

[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34213-34215]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-16230]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0437; Directorate Identifier 2009-CE-018-AD; 
Amendment 39-15963; AD 2009-14-13]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12, PC-
12/45, PC-12/47, and PC-12/47E Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. This 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 (two different MCAI) 
describes the unsafe condition as:

    FOCA AD HB 2002-271 was issued because the Nose Landing Gear 
(NLG) Right Hand (RH) upper drag link, Part Number (P/N) 
532.20.12.140 was found broken on some aircraft due to fatigue 
cracking, and therefore a life limit of 4,000 landings was 
introduced.
    Recent investigation of a new occurrence revealed that the 
replacement part NLG RH upper drag link P/N 532.20.12.289 also 
suffered fatigue cracking, however on a different location.
    Complete failure of the NLG RH upper drag link could result in 
NLG collapse during landing.

and

    This Airworthiness Directive (AD) is prompted by reports of 
several in-service cracked torque tubes. A reduced wall thickness 
produced during the manufacturing process has been determined to be 
the initial cause.
    Additionally, all the involved torque tubes have been found to 
show fatigue cracking problems.
    Such a condition, if left uncorrected, could lead to failure of 
the torque tube and result in loss of the steering control on ground 
and consequent unsafe condition.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 19, 2009.
    On August 19, 2009, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the Docket Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 8, 2009 (74 FR 
21561), and proposed to supersede AD 2003-14-07, Amendment 39-13226 (68 
FR 41903, July 16, 2003). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI (two different MCAI) 
states:

    FOCA AD HB 2002-271 was issued because the Nose Landing Gear 
(NLG) Right Hand (RH) upper drag link, Part Number (P/N) 
532.20.12.140 was found broken on some aircraft due to fatigue 
cracking, and therefore a life limit of 4,000 landings was 
introduced.
    Recent investigation of a new occurrence revealed that the 
replacement part NLG RH upper drag link P/N 532.20.12.289 also 
suffered fatigue cracking, however on a different location.
    Complete failure of the NLG RH upper drag link could result in 
NLG collapse during landing. To address that condition, this AD is 
issued to mandate the implementation of the latest revision of the 
PC-12 Aircraft Maintenance Manual (AMM) chapter 4--airworthiness 
limitations section--by establishing repetitive inspections for the 
NLG RH upper drag links P/N 532.20.12.140 and P/N 532.20.12.289.

and

    This Airworthiness Directive (AD) is prompted by reports of 
several in-service cracked torque tubes. A reduced wall thickness 
produced during the manufacturing process has been determined to be 
the initial cause.
    Additionally, all the involved torque tubes have been found to 
show fatigue cracking problems.
    Such a condition, if left uncorrected, could lead to failure of 
the torque tube and result in loss of the steering control on ground 
and consequent unsafe condition.
    For the reason described above, this new AD mandates the 
replacement of certain torque tubes by new ones of an improved 
design and the latest revision of chapter 4 `limitations' of the PC-
12 Aircraft Maintenance Manual (AMM) which introduces the new life 
limit for torque tubes with Part Number (P/N) 532.50.12.047.

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Comment Issue: Require Using Limitations Document in Latest Maintenance

Manual Revision

    Tim Kitzman states that document 12-A-04-00-00-00A-000T-A, dated 
January 28, 2009, has been incorporated into the latest revision of the 
aircraft maintenance manual. He requests that we update the AD to 
require incorporating the data module found in PC-12 AMM, Document No. 
02049, Rev 19, dated March 1, 2009.
    We disagree with the commenter. Structural and Component 
Limitations--Airworthiness Limitations, document 12-A-04-00-00-00A-
000T-

[[Page 34214]]

A, dated January 28, 2009, contains the required limitations 
information for this AD. We are aware Pilatus periodically updates 
their aircraft maintenance manuals (both electronic and paper 
versions), and the manuals contain the limitations section referenced 
in this AD. We encourage owners/operators to keep their maintenance 
manuals up-to-date. However, paragraph 145.c.(2) of the FAA 
Airworthiness Directives Manual FAA-IR-M-8040.1B, dated May 28, 2008, 
states:

    Only the version given to the OFR (Office of the Federal 
Register) for IBR (incorporation by reference) is the legally 
enforceable one. Later revised service bulletin pages, for instance, 
would constitute a change to the document and an ``alternative 
method of compliance'' that has not been subject to public notice 
and comment.

    We use the AD process to mandate changes to the limitations section 
and we can not mandate future revisions. If the document containing the 
limitations section is updated and an owner/operator wants to 
incorporate the latest version of the document (including the 
limitations section) into their maintenance program, they can request 
an alternative method of compliance (AMOC) following the procedures in 
paragraph (h)(1) of this AD. You may get a copy of the FAA 
Airworthiness Directives Manual on the Internet at <a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgOrders.nsf/Frameset?OpenPage">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgOrders.nsf/Frameset?OpenPage</a>.
    We are not changing the final rule AD action based on this comment.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
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 required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 540 products of U.S. registry. 
We also estimate that it will take about 3.5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $300 per product. 
Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $313,200, or $580 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $4,000, for a cost of 
$4,480 per product. We have no way of determining the number of 
products that may need these actions.

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Amendment 39-13226 (68 FR 
41903, July 16, 2003) and adding the following new AD:

2009-14-13 Pilatus Aircraft Ltd.: Amendment 39-15963; Docket No. 
FAA-2009-0437; Directorate Identifier 2009-CE-018-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
19, 2009.

Affected ADs

    (b) This AD supersedes AD 2003-14-07, Amendment 39-13226.

Applicability

    (c) This AD applies to the following model and serial number 
airplanes, certificated in any category:
    (1) Models PC-12, PC-12/45, PC-12/47, manufacturer serial 
numbers (MSNs) 101 through 544 and MSNs 546 through 888; and
    (2) Model PC-12/47E, MSN 545 and MSNs 1001 through 1150.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing 
Gear.

[[Page 34215]]

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
(two different MCAI) states:
    FOCA AD HB 2002-271 was issued because the Nose Landing Gear 
(NLG) Right Hand (RH) upper drag link, Part Number (P/N) 
532.20.12.140 was found broken on some aircraft due to fatigue 
cracking, and therefore a life limit of 4,000 landings was 
introduced.
    Recent investigation of a new occurrence revealed that the 
replacement part NLG RH upper drag link P/N 532.20.12.289 also 
suffered fatigue cracking, however on a different location.
    Complete failure of the NLG RH upper drag link could result in 
NLG collapse during landing. To address that condition, this AD is 
issued to mandate the implementation of the latest revision of the 
PC-12 Aircraft Maintenance Manual (AMM) chapter 4--airworthiness 
limitations section--by establishing repetitive inspections for the 
NLG RH upper drag links P/N 532.20.12.140 and P/N 532.20.12.289.

and

    This Airworthiness Directive (AD) is prompted by reports of 
several in-service cracked torque tubes. A reduced wall thickness 
produced during the manufacturing process has been determined to be 
the initial cause. Additionally, all the involved torque tubes have 
been found to show fatigue cracking problems.
    Such a condition, if left uncorrected, could lead to failure of 
the torque tube and result in loss of the steering control on ground 
and consequent unsafe condition.
    For the reason described above, this new AD mandates the 
replacement of certain torque tubes by new ones of an improved 
design and the latest revision of chapter 4 ``limitations'' of the 
PC-12 Aircraft Maintenance Manual (AMM) which introduces the new 
life limit for torque tubes with Part Number (P/N) 532.50.12.047.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Limitations Section Actions: For all airplanes, before 
further flight after August 19, 2009 (the effective date of this 
AD), insert Structural and Component Limitations--Airworthiness 
Limitations, document 12-A-04-00-00-00A-000T-A, dated January 28, 
2009 (for PC-12, PC-12/45, PC-12/47), and Structural and Component 
Limitations--Airworthiness Limitations, document 12-B-04-00-00-00A-
000A-A, dated January 27, 2009 (for PC-12/47E), into the Limitations 
section of the FAA approved maintenance program (e.g., maintenance 
manual). The limitations section revision does the following:
    (i) Establishes a life limit for torque tube P/N 532.50.12.047 
and does not impose a life limit on torque tube P/N 532.50.12.064;
    (ii) Requires doing initial and repetitive inspections of nose 
landing gear right hand upper drag link P/N 532.20.12.140 (for PC-12 
and PC-12/45 airplanes) or P/N 532.20.12.289 (for all airplanes) in 
accordance with the time limits specified in the revision. The 
limitations do not allow installation of the upper drag link P/N 
532.20.12.140 on PC-12/47 and PC-12/47E airplanes. The 4,000 landing 
limit for the upper drag link P/N 532.20.12.140 installed on the PC-
12 and PC-12/45 is retained from AD 2003-14-07 through this 
limitation requirement; and
    (iii) Does not require doing initial and repetitive inspections 
of nose landing gear right hand upper drag link P/N 532.20.12.296; 
therefore, installation of upper drag link P/N 532.20.12.296 
terminates the inspection requirement referenced in paragraph 
(f)(1)(ii) of this AD.
    (2) Additional Torque Tube Actions:
    (i) For PC-12 and PC-12/45, S/N 101 through 299, airplanes: 
Within the next 100 hours time-in-service (TIS) after August 19, 
2009 (the effective date of this AD) or 1 year after August 19, 2009 
(the effective date of this AD), whichever occurs first, replace the 
torque tube P/N 532.50.12.047 with torque tube P/N 532.50.12.064 
following PILATUS AIRCRAFT LTD. Service Bulletin No: 32-021, dated 
November 21, 2008.
    (ii) For all airplanes: As of August 19, 2009 (the effective 
date of this AD), do not install torque tube P/N 532.50.12.047.

FAA AD Differences

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

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to 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. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (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 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.

Special Flight Permit

    (i) We are limiting the special flight permits for this AD by 
requiring you to fly with the landing gear extended in order to 
reach the nearest maintenance facility where the inspection or 
replacement is done. Consult the airplane flight manual or contact 
PILATUS AIRCRAFT LTD. for the additional limitations for flight with 
landing gear extended.

Related Information

    (j) Refer to MCAI (two different MCAI) AD No.: 2009-0086 dated 
April 14, 2009, and AD No.: 2009-0060 dated March 11, 2009; PILATUS 
AIRCRAFT LTD. Service Bulletin No: 32-021, dated November 21, 2008; 
Structural and Component Limitations--Airworthiness Limitations, 
document 12-A-04-00-00-00A-000T-A, dated January 28, 2009; and 
Structural and Component Limitations--Airworthiness Limitations, 
document 12-B-04-00-00-00A-000A-A, dated January 27, 2009, for 
related information.

Material Incorporated by Reference

    (k) You must use PILATUS AIRCRAFT LTD. Service Bulletin No: 32-
021, dated November 21, 2008; Structural and Component Limitations--
Airworthiness Limitations, document 12-A-04-00-00-00A-000T-A, dated 
January 28, 2009; and Structural and Component Limitations--
Airworthiness Limitations, document 12-B-04-00-00-00A-000A-A, dated 
January 27, 2009, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
PILATUS AIRCRAFT LTD., Customer Service Manager, CH-6371 STANS, 
Switzerland; telephone: +41 (0)41 619 62 08; fax: +41 (0)41 619 73 
11; Internet: <a href="http://www.pilatus-aircraft.com/">http://www.pilatus-aircraft.com/</a>, or e-mail: 
<a href="/cdn-cgi/l/email-protection#f2a18782829d8086a2b1c3c0b2829b9e93868781dfce93d29a809794cf" http: aircraft.com">aircraft.com</a>">SupportPC12@pilatus-<a href="http://aircraft.com">aircraft.com</a></a>.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on July 1, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-16230 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-P