AD Amdt-39-10367

[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Rules and Regulations]
[Pages 10299-10301]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 98-5201]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-98-AD; Amendment 39-10367; AD 98-05-06]
RIN 2120-AA64


Airworthiness Directives; Pilatus Aircraft Ltd. Model PC-12 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Pilatus Aircraft Ltd. (Pilatus) Model PC-12 
airplanes. This AD requires inspecting the elevator for incorrect rivet 
lengths and installing new rivets if incorrect rivet lengths are found. 
This AD also requires inspecting the elevator to assure that an 
excessive gap (more than .004 inches or .1 millimeters (mm)) does not 
exist in the rivet shanks, and installing a shim between the rib and 
skin to fill any excessive gap. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Switzerland. The actions specified in this AD are 
intended to prevent fatigue damage to the elevator, which could result 
in structural failure and eventual loss of control of the airplane.

DATES: Effective May 29, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 29, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before April 3, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-98-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
Pilatus Aircraft Ltd., Marketing Support Department, CH-6370 Stans, 
Switzerland; telephone: +41 41-6196 233; facsimile: +41 41-6103 351. 
This information may also be examined at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-98-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106; or at the Office of the Federal

[[Page 10300]]

Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Roman T. Gabrys, Aerospace 
Engineer, Small Airplane Directorate, Airplane Certification Service, 
FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone: 
(816) 426-6932; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    The Federal Office for Civil Aviation (FOCA), which is the 
airworthiness authority for Switzerland, recently notified the FAA that 
an unsafe condition may exist on certain Pilatus PC-12 airplanes. The 
FOCA reports that the following problems could have occurred during 
assembly of the above-referenced airplanes:
    --Rivets installed with an incorrect length; and
    --An excessive gap (more than .004 inches or .1 mm) exists in the 
rivet shanks.
    These conditions, if not corrected in a timely manner, could result 
in fatigue damage to the elevator, leading to structural failure and 
eventual loss of control of the airplane.

Relevant Service Information

    Pilatus has issued Service Bulletin No. 55-001, dated November 8, 
1996, which specifies procedures for inspecting the elevator for 
incorrect rivet lengths and installing new rivets if incorrect rivet 
lengths are found. This service bulletin also includes procedures for 
inspecting the elevator to assure that a gap that is more than .004 
inches or .1 mm does not exist in the rivet shanks, and installing a 
shim between the rib and skin to fill any excessive gap.
    The FOCA classified this service bulletin as mandatory and issued 
Swiss AD HB 96-535A, dated November 30, 1996, corrected January 28, 
1998, in order to assure the continued airworthiness of these airplanes 
in Switzerland.

The FAA's Determination

    This airplane model is manufactured in Switzerland and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the FOCA has kept the FAA informed 
of the situation described above.
    The FAA has examined the findings of the FOCA; reviewed all 
available information, including the service information referenced 
above; and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Explanation of the Provisions of This AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Pilatus PC-12 airplanes of the same type 
design registered in the United States, the FAA is issuing an AD. This 
AD requires inspecting the elevator for incorrect rivet lengths and 
installing new rivets if incorrect rivet lengths are found. This AD 
also requires inspecting the elevator to assure that an excessive gap 
(more than .004 inches or .1 millimeters (mm)) does not exist in the 
rivet shanks, and installing a shim between the rib and skin to fill 
any excessive gap. Accomplishment of the actions of this AD is required 
in accordance with the previously referenced service bulletin.

Cost Impact

    The FAA estimates that 23 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 12 workhours per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $60 per work hour. Parts will be provided by the 
manufacturer at no charge to the owners/operators of the affected 
airplanes. Based on these figures, the cost impact of this AD on U.S. 
operators is estimated to be $16,560, or $720 per airplane.
    Credit for up to 12 workhours of labor is available through the 
Pilatus PC-12 New Aircraft Warranty System. If utilized by all owners/
operators of the affected airplanes, the cost impact of this AD would 
be eliminated.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and therefore is issuing it as a direct final rule. 
The requirements of this direct final rule address an unsafe condition 
identified by a foreign civil airworthiness authority and do not impose 
a significant burden on affected operators. In accordance with section 
11.17 of the Federal Aviation Regulations (14 CFR 11.17), unless a 
written adverse or negative comment, or a written notice of intent to 
submit an adverse or negative comment, is received within the comment 
period, the regulation will become effective on the date specified 
above. After the close of the comment period, the FAA will publish a 
document in the Federal Register indicating that no adverse or negative 
comments were received and confirming the date on which the final rule 
will become effective. If the FAA does receive, within the comment 
period, a written adverse or negative comment, or written notice of 
intent to submit such a comment, a document withdrawing the direct 
final rule will be published in the Federal Register, and a notice of 
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and an opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-98-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism

[[Page 10301]]

implications to warrant the preparation of a Federalism Assessment.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For reasons 
discussed in the preamble, I certify that this regulation (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. A final 
evaluation has been prepared for this action and is contained in the 
Rules Docket. A copy of it may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

98-05-06  Pilatus Aircraft Ltd: Amendment 39-10367; Docket No. 97-
CE-98-AD.

    Applicability: Model PC-12 airplanes, manufacturer's serial 
numbers (MSN) 101, 105, 106, 107, 109 through 112, 114, 115, 117 
through 120, 122 through 125, 129, 131 through 140, 142, and 146; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated in the body of this AD, unless 
already accomplished.
    To prevent fatigue damage to the elevator, which could result in 
structural failure and eventual loss of control of the airplane, 
accomplish the following:
    (a) Within the next 200 hours time-in-service (TIS) after the 
effective date of this AD, inspect the elevator for incorrect rivet 
lengths in accordance with the ACCOMPLISHMENT INSTRUCTIONS section 
of Pilatus Service Bulletin No. 55-001, dated November 8, 1996. 
Prior to further flight, install new rivets if incorrect rivet 
lengths are found in accordance with the above-referenced service 
bulletin.
    (b) Within the next 200 hours TIS after the effective date of 
this AD, inspect the elevator to assure that an excessive gap (more 
than .004 inches or .1 millimeters (mm)) does not exist in the rivet 
shanks in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of 
Pilatus Service Bulletin No. 55-001, dated November 8, 1996. Prior 
to further flight, install a shim between the rib and skin to fill 
any excessive gap in accordance with the above-referenced service 
bulletin.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
used if approved by the Manager, Small Airplane Directorate, 1201 
Walnut, suite 900, Kansas City, Missouri 64106. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (e) Questions or technical information related to Pilatus 
Service Bulletin No. 55-001, dated November 8, 1996, should be 
directed to Pilatus Aircraft Ltd., Marketing Support Department, CH-
6370 Stans, Switzerland; telephone: +41 41-6196 233; facsimile: +41 
41-6103 351. This service information may be examined at the FAA, 
Central Region, Office of the Regional Counsel, Room 1558, 601 E. 
12th Street, Kansas City.
    (f) The inspection and installations required by this AD shall 
be done in accordance with Pilatus Service Bulletin No. 55-001 dated 
November 8, 1996. This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from Pilatus 
Aircraft Ltd., Marketing Support Department, CH-6370 Stans, 
Switzerland. Copies may be inspected at the FAA, Central Region, 
Office of the Regional Counsel, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri, or at the Office of the Federal Register, 800 
North Capitol Street, NW, suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in Swiss AD HB 96-
535A, dated November 30, 1996, corrected January 28, 1998.

    (g) This amendment (39-10367) becomes effective on May 29, 1998.

    Issued in Kansas City, Missouri, on February 23, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-5201 Filed 3-2-98; 8:45 am]
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