[Federal Register: March 24, 1998 (Volume 63, Number 56)]
[Proposed Rules]               
[Page 14043-14044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr98-19]





Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 14043]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-38-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to Pilatus Aircraft Ltd. (Pilatus) Models PC-12 
and PC-12/45 airplanes that incorporate an executive cabin layout. The 
proposed AD would require modifying the lavatory wall and passenger 
seat configuration. The proposed AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Switzerland. The actions specified by the proposed AD are 
intended to prevent head injuries during an airplane crash because the 
lavatory wall and passenger seat configuration do not meet current head 
injury criteria regulations.

DATES: Comments must be received on or before April 24, 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-38-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106. Comments may be inspected at this location 
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
    Service information that applies to the proposed 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 also may be examined at the Rules Docket at the 
address above.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-38-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 97-CE-38-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    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 Pilatus Models PC-12 and PC-12/45 
airplanes that incorporate an executive cabin layout. The FOCA of 
Switzerland reports that the current executive cabin layout of the 
above-referenced airplanes, in particular the lavatory wall and 
passenger seat configuration, do not meet the head injury criteria 
(HIC) requirements of section 23.562 of the Federal Aviation 
Regulations (14 CFR 23.562).
    These conditions, if not corrected in a timely manner, could result 
in head injuries during an airplane crash because the lavatory wall and 
passenger seat configuration do not meet current head injury criteria 
regulations.
    The FAA issued a temporary exemption to allow Pilatus time to 
accomplish HIC testing in order to determine what is necessary to meet 
the requirements of section 23.562 of the Federal Aviation Regulations 
(14 CFR 23.562). This testing is complete and the service information 
that is presented below includes procedures for the modifications 
necessary to comply with the current regulations.

Relevant Service Information

    Pilatus has issued Service Bulletin No. 25-003, dated May 7, 1997, 
which specifies procedures for modifying the lavatory wall and 
passenger seat configuration.
    The FOCA of Switzerland classified this service bulletin as 
mandatory and issued Swiss AD HB 97-249, dated May 31, 1997, 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 of Switzerland has kept the 
FAA informed of the situation described above.
    The FAA has examined the findings of the FOCA of Switzerland; 
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.

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Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Pilatus Models PC-12 and PC-12/45 airplanes 
of the same type design registered in the United States, the FAA is 
proposing AD action. The proposed AD would require modifying the 
lavatory wall and passenger seat configuration. Accomplishment of the 
proposed installation would be in accordance with the service 
information previously referenced.

Cost Impact

    The FAA estimates that 40 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 15 
workhours to accomplish the proposed actions, and that the average 
labor rate is approximately $60 an hour. Parts will be provided by the 
manufacturer at no cost to the owners/operators of the affected 
airplanes. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $36,000, or $900 per 
airplane. These figures are based on the presumption that no affected 
airplane has the proposed modifications incorporated.
    Pilatus has informed the FAA that all 40 airplanes in the U.S. 
registry have the proposed modifications incorporated. With this in 
mind, the proposed AD imposes no cost impact upon the public.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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) if promulgated, 
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 copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Pilatus Aircraft Ltd.: Docket No. 97-CE-38-AD.

    Applicability: Models PC-12 and PC-12/45 airplanes, serial 
numbers MSN 101 through 180, certificated in any category, that 
incorporate an executive cabin layout.

    Note 1: Models PC-12 and PC-12/45 airplanes that incorporate a 
corporate-utility cabin layout are not affected by this AD.

    Note 2: 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 (c) 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 within the next 100 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent head injuries during an airplane crash because the 
lavatory wall and passenger seat configuration do not meet current 
head injury criteria regulations, accomplish the following:
    (a) Modify the lavatory wall and passenger seat configuration in 
accordance with Pilatus Service Bulletin No. 25-003, dated May 7, 
1997.
    (b) 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.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (d) Questions or technical information related to Pilatus 
Service Bulletin No. 25-003, dated May 7, 1997, 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, Missouri 64106.

    Note 4: The subject of this AD is addressed in Swiss AD HB 97-
249, dated May 31, 1997.

    Issued in Kansas City, Missouri, on March 17, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-7520 Filed 3-23-98; 8:45 am]
BILLING CODE 4910-13-P