[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 [www.gpo.gov]
[FR Doc No: 2023-10282]


 ========================================================================
 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.
 
 ========================================================================
 

  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).

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     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 regulations.gov 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:
     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: [email protected]; website: 
easa.europa.eu. You may find this material on the EASA website at 
ad.easa.europa.eu.
     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 regulations.gov 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: 
[email protected].

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 
regulations.gov, 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 regulations.gov 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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revise AFM..........................  0.50 work-hour x $85                 $0           $42.50        $4,122.50
                                       per hour = $42.50.
----------------------------------------------------------------------------------------------------------------

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: [email protected]. 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: [email protected].

(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: 
[email protected]; 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: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    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


