AD 2021-04-06

[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9272-9274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-02793]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0049; Project Identifier MCAI-2021-00033-A; 
Amendment 39-21427; AD 2021-04-06]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Pilatus Aircraft Ltd. (Pilatus) Model PC-7 airplanes. This AD results 
from mandatory continuing airworthiness information (MCAI) issued by 
the aviation authority of another country to identify and correct an 
unsafe condition on an aviation product. The MCAI describes the unsafe 
condition as a missing release bar retaining screw on a Harley-type 
buckle assembly installed on a harness shoulder strap. This condition, 
if not corrected, could lead to loss of pilot restraint and 
consequently loss of airplane control or injuries to the crew. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 12, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 12, 
2021.
    The FAA must receive comments on this AD by March 29, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For IrvinGQ Limited service information identified in this final 
rule, contact Pilatus Aircraft Ltd., CH-6371, Stans, Switzerland; 
phone: +41 848 24 7 365; email: <a href="/cdn-cgi/l/email-protection#394d5c5a514a4c4949564b4d175a5179495055584d4c4a14055819514b5c5f04" http: aircraft.com">aircraft.com</a>">techsupport.ch@pilatus-<a href="http://aircraft.com">aircraft.com</a></a>; 
website: <a href="https://www.pilatus-aircraft.com/">https://www.pilatus-aircraft.com/</a>. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-4148. 
It is also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for 
and locating Docket No. FAA-2021-0049.

Examining the AD Docket

    You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2021-0049; 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, any 
comments received, and other information. The street address for the 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, Missouri 
64106; phone: (816) 329-4059; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#e3878c9684cd9196878c8f938ba3858282cd848c95"><span class="__cf_email__" data-cfemail="086c677d6f267a7d6c67647860486e6969266f677e">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The Federal Office of Civil Aviation (FOCA), which is the aviation 
authority for Switzerland, has issued FOCA AD HB-2021-001-E, dated 
January 8, 2021 (referred to after this as ``the MCAI''), to address 
the unsafe condition on Pilatus Model PC-7 airplanes. The MCAI states:

    An occurrence was reported where in an in service event a 
missing release bar retaining screw on a Harley-type buckle assembly 
installed on a harness shoulder strap on an ejection seat was 
detected.
    This condition, if not corrected, could lead to loss of pilot 
restraint and consequently loss of aeroplane control or injuries to 
the crew.
    To address this potential unsafe condition, Pilatus and IrvinGQ 
issued the [service bulletins] SBs to provide inspection 
instructions.
    For the reason described above, this [FOCA] AD requires the 
inspection of the Harley-type buckle assemblies on the seat 
harnesses of the front and rear seats, as defined in this AD, and 
prohibits (re-) installation of affected parts.

    FOCA advises that the release bar retaining screws on the affected 
Harley-type buckle assemblies were incorrectly peened during 
manufacture. This inadequate peening of the retaining screws has led to 
loose screws that can potentially be removed by hand or the actual 
screw falling out of the assemblies. You may examine the MCAI in the AD 
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2021-0049.

FAA's Determination

    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 the State of Design Authority, it has 
notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this AD 
because the agency has

[[Page 9273]]

determined the unsafe condition described previously is likely to exist 
or develop in other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed IrvinGQ Limited Service Bulletin IGQSB033, Issue 
2, dated December 2020 (IrvinGQ SB IGQSB033, Issue 2). This service 
information provides a listing of the affected parts and specifies 
procedures for inspecting the Harley-type buckle assemblies and 
repairing or replacing as necessary. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
ADDRESSES.

Other Related Service Information

    The FAA also reviewed Pilatus PC-7 Service Bulletin No. 25-015, 
Revision 1, dated December 22, 2020. This service information specifies 
inspecting and repairing the Harley-type buckle assemblies in 
accordance with IrvinGQ SB IGQSB033, Issue 2.

AD Requirements

    This AD requires accomplishing the actions specified in the IrvinGQ 
Limited service information already described.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because detachment of a shoulder strap from the main harness assembly 
could lead to loss of pilot restraint during operational maneuvers. 
Because this model airplane is certificated in the acrobatic category, 
if the pilot is not restrained during aerobatic flight, or even some 
normal operations, it may result in loss of airplane control, or 
injuries to the crew. For this reason, the FAA has determined that 
operators must comply with the actions required by this AD before 
further flight. Accordingly, notice and opportunity for prior public 
comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0049 and Project Identifier 
MCAI-2021-00033-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 
this final rule 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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. 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, Missouri 64106. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 21 airplanes of U.S. 
registry. The FAA also estimates that it would take about .5 work-hour 
per product to comply with the inspection requirement of this AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of the AD on 
U.S. operators would be $892.50 or $42.50 per product.
    In addition, the FAA estimates that any necessary follow-on repair 
actions would take .5 work-hour, for a cost of $42.50 per seat harness. 
The FAA estimates that any necessary replacements that may be required 
would take 3 work-hours and require parts costing $10,000, for a cost 
of $10,255 per seat harness. The FAA has no way of determining the 
number of airplanes 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.
    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

[[Page 9274]]

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2021-04-06 Pilatus Aircraft Ltd.: Amendment 39-21427; Docket No. 
FAA-2021-0049; Project Identifier MCAI-2021-00033-A.

(a) Effective Date

    This airworthiness directive (AD) is effective February 12, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-7 airplanes, 
all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2510, Flight 
Compartment and 2560, Emergency Equipment.

(e) Unsafe Condition

    This AD was prompted by a report of a missing release bar 
retaining screw on a Harley-type buckle assembly installed on a 
harness shoulder strap. The FAA is issuing this AD to detect and 
address defective buckle assembly release bar screws. The unsafe 
condition, if not addressed, could result in loss of pilot restraint 
with consequent loss of airplane control or injuries to the crew.

(f) Actions and Compliance

    (1) For airplanes with a Harley-type seat buckle assembly or 
buckle component listed in the Effectivity, paragraph 2.A., of 
IrvinGQ Limited Service Bulletin IGQSB033, Issue 2, dated December 
2020 (IrvinGQ SB IGQSB033, Issue 2), before further flight after the 
effective date of this AD, inspect each seat buckle assembly on the 
front and rear seats (4 buckle assemblies total) for movement of the 
release bar retaining screws by following the Accomplishment 
Instructions, section 3.C.(1), of IrvinGQ SB IGQSB033, Issue 2. If 
there is any movement of a release bar retaining screw, before 
further flight, repair or replace the buckle assembly by following 
the Accomplishment Instructions, section 3.C.(2), of IrvinGQ SB 
IGQSB033 Issue 2.
    (2) As of the effective date of this AD, do not install a 
Harley-type buckle assembly or buckle component listed in the 
Effectivity, paragraph 2.A., of IrvinGQ SB IGQSB033 Issue 2, on the 
seat harness of any airplane unless it has been inspected as 
required by paragraph (f)(1) of this AD.

(g) Special Flight Permit

    A special flight permit may be issued with the following 
limitations: Operation in areas of known turbulence and aerobatic 
flight are prohibited.

(h) 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 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 manager of the certification office, send it to the 
attention of the person identified in Related Information.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) Refer to Federal Office of Civil Aviation (FOCA) AD HB-2021-
001-E, dated January 8, 2021, for more information. You may examine 
the FOCA AD at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2021-0049.
    (2) 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, Missouri 64106; phone: (816) 329-4059; fax: (816) 329-4090; 
email: <a href="/cdn-cgi/l/email-protection#a5c1cad0c28bd7d0c1cac9d5cde5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="80e4eff5e7aef2f5e4efecf0e8c0e6e1e1aee7eff6">[email&#160;protected]</span></a>.

(j) 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) IrvinGQ Limited Service Bulletin IGQSB033, Issue 2, dated 
December 2020.
    (ii) [Reserved]
    (3) For IrvinGQ Limited service information identified in this 
AD, contact Pilatus Aircraft Ltd., CH-6371, Stans, Switzerland; 
phone: +41 848 24 7 365; email: <a href="/cdn-cgi/l/email-protection#760213151e0503060619040258151e36061f1a170203055b4a17561e0413104b" http: aircraft.com">aircraft.com</a>">techsupport.ch@pilatus-<a href="http://aircraft.com">aircraft.com</a></a>; 
website: <a href="http://www.pilatus-aircraft.com/">http://www.pilatus-aircraft.com/</a>.
    (4) You may view this service information at FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, Missouri 64106. For information on the availability of this 
material at the FAA, call (816) 329-4148.
    (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: <a href="/cdn-cgi/l/email-protection#5c3a39382e393b7230393b3d301c323d2e3d723b332a"><span class="__cf_email__" data-cfemail="254340415740420b4940424449654b4457440b424a53">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on February 4, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-02793 Filed 2-10-21; 11:15 am]
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