Proposed Rule2023-10282
Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes
Primary source
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Published
May 15, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This proposed AD was prompted by reports of an electrical burning smell in the cabin without the presence of smoke. This proposed AD would require revising the Limitations Section of the existing airplane flight manual (AFM) for your airplane, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 93 (Monday, May 15, 2023)</title>
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[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Proposed Rules]
[Pages 30909-30911]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10282]
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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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Federal Register / Vol. 88, No. 93 / Monday, May 15, 2023 / Proposed
Rules
[[Page 30909]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1042; Project Identifier MCAI-2023-00274-A]
RIN 2120-AA64
Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This
proposed AD was prompted by reports of an electrical burning smell in
the cabin without the presence of smoke. This proposed AD would require
revising the Limitations Section of the existing airplane flight manual
(AFM) for your airplane, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this NPRM by June 29, 2023.
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="http://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1042; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For EASA service information that is proposed for IBR in
this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000; email: <a href="/cdn-cgi/l/email-protection#4302073003262230226d2636312c33226d2636"><span class="__cf_email__" data-cfemail="cb8a8fb88baeaab8aae5aebeb9a4bbaae5aebe">[email protected]</span></a>; website:
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110. The EASA service information
is also available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1042.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety
Engineer, International Validation Branch, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: (816) 329-4059; email:
<a href="/cdn-cgi/l/email-protection#63070c16044d1116070c0f130b230502024d040c15"><span class="__cf_email__" data-cfemail="1d7972687a336f687972716d755d7b7c7c337a726b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1042; Project Identifier
MCAI-2023-00274-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
the proposal 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="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Doug
Rudolph, Aviation Safety Engineer, International Validation Branch,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0038, dated February 14, 2023
(EASA AD 2023-0038) (referred to after this as the MCAI), to correct an
unsafe condition for all Pilatus Model PC-24 airplanes.
The MCAI states that there have been reports of an electrical
burning smell in the cabin without the presence of smoke and there is
currently no AFM procedure for addressing this condition. The current
AFM procedure for smoke/fume in the cockpit and/or cabin requires the
immediate use of supplemental oxygen and smoke goggles for the flight
crew, which leads to increased flight crew workload. Failure to revise
the AFM to include a new task addressing an electrical burning smell in
the cabin without the presence of smoke could result in an unsafe
condition.
The FAA is proposing this AD to provide the flight crew with a new
procedure in the existing AFM for your airplane to address the presence
of an electrical burning smell in the cabin
[[Page 30910]]
without the presence of smoke. This condition, if not addressed, could
lead to increased pilot workload, possibly resulting in a reduction of
safety margins and an emergency landing. See EASA AD 2023-0038 for
additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0038 requires revising the AFM by inserting a copy of
Pilatus PC-24 AFM Temporary Revision 02371-055 (AFM TR 02371-055) into
the Abnormal Procedures Section, informing all flight crews, and
operating the airplane accordingly. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in
ADDRESSES.
FAA's Determination
These products have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA, has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0038, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.''
The owner/operator (pilot) holding at least a private pilot
certificate may revise the existing AFM for your airplane and must
enter compliance with the applicable paragraph of this proposed AD into
the aircraft records in accordance with 14 CFR 43.9(a) and 14 CFR
91.417(a)(2)(v). The pilot may perform this action because it only
involves revising the AFM. This action could be performed equally well
by a pilot or a mechanic. This is an exception to the FAA's standard
maintenance regulations.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0038 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0038 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information referenced in EASA AD 2023-0038
for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No.
FAA-2023-1042 after the FAA final rule is published.
Differences Between This Proposed AD and the EASA AD
EASA AD 2023-0038 requires inserting AFM TR 02371-055 into the
Abnormal Procedures Section of the AFM but this proposed AD would
require inserting AFM TR 02371-055 into the Limitations Section of the
existing AFM because FAA regulations mandate compliance with only the
operating limitations section of the flight manual.
EASA AD 2023-0038 specifies to ``inform all flight crews and,
thereafter, operating the airplane accordingly'' and this proposed AD
would not specifically require those actions.
14 CFR 91.9 requires that no person may operate a civil aircraft
without complying with the operating limitations specified in the AFM.
Therefore, including a requirement in this proposed AD to operate the
airplane according to the revised AFM would be redundant and
unnecessary. Further, compliance with such a requirement in an AD would
be impracticable to demonstrate or track on an ongoing basis;
therefore, a requirement to operate the airplane in such a manner would
be unenforceable.
Interim Action
The FAA considers that this proposed AD would be an interim action.
If final action is later identified, the FAA may consider further
rulemaking.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 97 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Revise AFM.......................... 0.50 work-hour x $85 $0 $42.50 $4,122.50
per hour = $42.50.
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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
The FAA 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 that the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative,
[[Page 30911]]
on a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, 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
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:
Pilatus Aircraft Ltd: Docket No. FAA-2023-1042; Project Identifier
MCAI-2023-00274-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 29, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Pilatus Aircraft Ltd. Model PC-24 airplanes,
all serial numbers, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2100, Heating
System.
(e) Unsafe Condition
This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI states that there have been reports of an
electrical burning smell in the cabin without the presence of smoke
and there is currently no airplane flight manual (AFM) procedure for
addressing this condition. The FAA is issuing this AD to provide the
flight crew with a new procedure in the existing AFM for your
airplane to address the presence of an electrical burning smell in
the cabin without the presence of smoke. This condition, if not
addressed, could lead to increased pilot workload, possibly
resulting in a reduction of safety margins and an emergency landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Action
(1) Except as specified in paragraph (h) of this AD: Comply with
all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0038, dated February 14, 2023 (EASA AD 2023-0038).
(2) The actions required by paragraph (g)(1) of this AD may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9(a)
and 91.417(a)(2)(v). The record must be maintained as required by 14
CFR 91.417, 121.380, or 135.439.
(h) Exceptions to EASA AD 2023-0038
(1) Where EASA AD 2023-0038 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023-0038 specifies to
``amend the AFM by inserting a copy of the AFM TR,'' this AD
requires revising the Limitations Section of the existing AFM for
your airplane by inserting a copy of the AFM TR as defined in EASA
AD 2023-0038.
(3) Where paragraph (1) of EASA AD 2023-0038 specifies to
``inform all flight crews and, thereafter, operate the [airplane]
accordingly,'' this AD does not require those actions.
(4) This AD does not adopt the Remarks paragraph of EASA AD
2023-0038.
(i) Alternative Methods of Compliance (AMOCs)
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 International Validation Branch, send it to the
attention of the person identified in paragraph (j) of this AD or
email to: <a href="/cdn-cgi/l/email-protection#f2cbdfb3a4a1dfb3bba0dfc5c1c2dfb3bfbdb1b2949393dc959d84"><span class="__cf_email__" data-cfemail="71485c3027225c3038235c4642415c303c3e32311710105f161e07">[email protected]</span></a>. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
(j) Additional Information
For more information about this AD, contact Doug Rudolph,
Aviation Safety Engineer, International Validation Branch, FAA, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329-
4059; email: <a href="/cdn-cgi/l/email-protection#15717a60723b6760717a79657d557374743b727a63"><span class="__cf_email__" data-cfemail="9ffbf0eaf8b1edeafbf0f3eff7dff9fefeb1f8f0e9">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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) European Union Aviation Safety Agency AD 2023-0038, dated
February 14, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0038, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
<a href="/cdn-cgi/l/email-protection#1253566152777361733c7767607d62733c7767"><span class="__cf_email__" data-cfemail="48090c3b082d293b29662d3d3a273829662d3d">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call (817) 222-5110.
(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#84e2f6aaedeaf7f4e1e7f0edebeac4eae5f6e5aae3ebf2"><span class="__cf_email__" data-cfemail="a0c6d28ec9ced3d0c5c3d4c9cfcee0cec1d2c18ec7cfd6">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on May 9, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10282 Filed 5-12-23; 8:45 am]
BILLING CODE 4910-13-P
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