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29895

Proposed Rules Federal Register


Vol. 72, No. 103

Wednesday, May 30, 2007

This section of the FEDERAL REGISTER • Fax: (202) 493–2251. Comments Invited
contains notices to the public of the proposed • Mail: Docket Management Facility, We invite you to send any written
issuance of rules and regulations. The U.S. Department of Transportation, 400
purpose of these notices is to give interested relevant data, views, or arguments about
Seventh Street, SW., Nassif Building, this proposed AD. Send your comments
persons an opportunity to participate in the
rule making prior to the adoption of the final
Room PL–401, Washington, DC 20590– to an address listed under the
rules. 0001. ADDRESSES section. Include ‘‘Docket No.
• Hand Delivery: Room PL–401 on FAA–2007–28157; Directorate Identifier
the plaza level of the Nassif Building, 2007–CE–046–AD’’ at the beginning of
DEPARTMENT OF TRANSPORTATION 400 Seventh Street, SW., Washington, your comments. We specifically invite
DC, between 9 a.m. and 5 p.m., Monday comments on the overall regulatory,
Federal Aviation Administration through Friday, except Federal holidays. economic, environmental, and energy
• Federal eRulemaking Portal: Go to aspects of this proposed AD. We will
14 CFR Part 39 http://www.regulations.gov. Follow the consider all comments received by the
[Docket No. FAA–2007–28157; Directorate instructions for submitting comments. closing date and may amend this
Identifier 2007–CE–046–AD] proposed AD because of those
Examining the AD Docket
RIN 2120–AA64
comments.
You may examine the AD docket on We will post all comments we
Airworthiness Directives; Pilatus the Internet at http://dms.dot.gov; or in receive, without change, to http://
Aircraft Ltd. Model PC–6 Series person at the Docket Management dms.dot.gov, including any personal
Airplanes Facility between 9 a.m. and 5 p.m., information you provide. We will also
Monday through Friday, except Federal post a report summarizing each
AGENCY: Federal Aviation holidays. The AD docket contains this substantive verbal contact we receive
Administration (FAA), Department of proposed AD, the regulatory evaluation, about this proposed AD.
Transportation (DOT). any comments received, and other
ACTION: Notice of proposed rulemaking
Discussion
information. The street address for the
(NPRM). Docket Office (telephone (800) 647– The European Aviation Safety Agency
5227) is in the ADDRESSES section. (EASA), which is the Technical Agent
SUMMARY: We propose to adopt a new for the Member States of the European
Comments will be available in the AD
airworthiness directive (AD) for the Community, has issued AD No: 2007–
docket shortly after receipt.
products listed above. This proposed 0114, dated May 2, 2007 (referred to
AD results from mandatory continuing FOR FURTHER INFORMATION CONTACT:
after this as ‘‘the MCAI’’), to correct an
airworthiness information (MCAI) Doug Rudolph, Aerospace Engineer, unsafe condition for the specified
originated by an aviation authority of FAA, Small Airplane Directorate, 901 products. The MCAI states:
another country to identify and correct Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329– This Airworthiness Directive (AD) is
an unsafe condition on an aviation prompted due to the discovery of cracks in
product. The MCAI describes the unsafe 4059; fax: (816) 329–4090.
the upper wing strut fittings of some PC–6
condition as: SUPPLEMENTARY INFORMATION: aircraft.
This Airworthiness Directive (AD) is It is possible that the spherical bearing of
Streamlined Issuance of AD the wing strut fittings installed in the
prompted due to the discovery of cracks in
the upper wing strut fittings of some PC–6 The FAA is implementing a new underwing can be loose in the fitting or
aircraft. process for streamlining the issuance of cannot rotate because of corrosion. In this
It is possible that the spherical bearing of condition, the joint cannot function as
ADs related to MCAI. This streamlined designed and fatigue cracks may then
the wing strut fittings installed in the process will allow us to adopt MCAI
underwing can be loose in the fitting or develop. Undetected cracks in this area could
cannot rotate because of corrosion. In this safety requirements in a more efficient lead to failure of upper attachment fitting.
condition, the joint cannot function as manner and will reduce safety risks to This could result in the failure of the wing
designed and fatigue cracks may then the public. This process continues to structure with subsequent loss of control of
develop. Undetected cracks in this area could follow all FAA AD issuance processes to the airplane. In order to correct and monitor
lead to failure of upper attachment fitting. meet legal, economic, Administrative this situation, the present AD mandates a
This could result in the failure of the wing Procedure Act, and Federal Register one-time inspection of the wing strut fittings
structure with subsequent loss of control of and replacement of damaged wing strut
requirements. We also continue to meet fittings with new ones. This AD also requires
the airplane. our technical decision-making examination of the spherical bearings
The proposed AD would require actions responsibilities to identify and correct installed in the wing strut fittings and their
that are intended to address the unsafe unsafe conditions on U.S.-certificated replacement for bearings that do not pass the
condition described in the MCAI. products. examination criteria.
DATES: We must receive comments on This proposed AD references the You may obtain further information by
hsrobinson on PROD1PC76 with PROPOSALS-1

this proposed AD by June 29, 2007. MCAI and related service information examining the MCAI in the AD docket.
ADDRESSES: You may send comments by that we considered in forming the
any of the following methods: engineering basis to correct the unsafe Relevant Service Information
• DOT Docket Web Site: Go to http:// condition. The proposed AD contains Pilatus Aircraft Ltd. has issued
dms.dot.gov and follow the instructions text copied from the MCAI and for this Service Bulletin No. 57–004, dated
for sending your comments reason might not follow our plain April 16, 2007. The actions described in
electronically. language principles. this service information are intended to

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29896 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules

correct the unsafe condition identified detail the scope of the Agency’s Comments Due Date
in the MCAI. authority. (a) We must receive comments by June 29,
We are issuing this rulemaking under 2007.
FAA’s Determination and Requirements
the authority described in ‘‘Subtitle VII, Affected ADs
of the Proposed AD
Part A, Subpart III, Section 44701:
This product has been approved by (b) None.
General requirements.’’ Under that
the aviation authority of another section, Congress charges the FAA with Applicability
country, and is approved for operation promoting safe flight of civil aircraft in (c) This AD applies to Models PC–6, PC–
in the United States. Pursuant to our air commerce by prescribing regulations 6-H1, PC–6-H2, PC–6/350, PC–6/350–H1,
bilateral agreement with this State of for practices, methods, and procedures PC–6/350–H2, PC–6/A, PC–6/A–H1, PC–6/
Design Authority, they have notified us the Administrator finds necessary for A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/B2–
of the unsafe condition described in the safety in air commerce. This regulation H2, PC–6/B2–H4, PC–6/C–H2, and PC–6/C1–
MCAI and service information is within the scope of that authority H2 airplanes; manufacturer serial numbers
referenced above. We are proposing this (MSN) 101 through 951, and MSN 2001
because it addresses an unsafe condition through 2092; that are certificated in any
AD because we evaluated all that is likely to exist or develop on category. These airplanes are also identified
information and determined the unsafe products identified in this rulemaking as Fairchild Republic Company PC–6
condition exists and is likely to exist or action. airplanes, Fairchild Industries PC–6
develop on other products of the same airplanes, Fairchild Heli Porter PC–6
type design. Regulatory Findings airplanes, or Fairchild-Hiller Corporation
We determined that this proposed AD PC–6 airplanes.
Differences Between This Proposed AD
would not have federalism implications Subject
and the MCAI or Service Information
under Executive Order 13132. This (d) Air Transport Association of America
We have reviewed the MCAI and proposed AD would not have a (ATA) Code 57: Wings.
related service information and, in substantial direct effect on the States, on
general, agree with their substance. But the relationship between the national Reason
we might have found it necessary to use Government and the States, or on the (e) The mandatory continuing
different words from those in the MCAI distribution of power and airworthiness information (MCAI) states:
to ensure the AD is clear for U.S. responsibilities among the various This Airworthiness Directive (AD) is
operators and is enforceable. In making levels of government. prompted due to the discovery of cracks in
these changes, we do not intend to differ For the reasons discussed above, I the upper wing strut fittings of some PC–6
substantively from the information certify this proposed regulation: aircraft.
provided in the MCAI and related It is possible that the spherical bearing of
1. Is not a ‘‘significant regulatory the wing strut fittings installed in the
service information. action’’ under Executive Order 12866; underwing can be loose in the fitting or
We might also have proposed 2. Is not a ‘‘significant rule’’ under the cannot rotate because of corrosion. In this
different actions in this AD from those DOT Regulatory Policies and Procedures condition, the joint cannot function as
in the MCAI in order to follow FAA (44 FR 11034, February 26, 1979); and designed and fatigue cracks may then
policies. Any such differences are 3. Will not have a significant develop. Undetected cracks in this area could
highlighted in a NOTE within the economic impact, positive or negative, lead to failure of upper attachment fitting.
proposed AD. on a substantial number of small entities This could result in the failure of the wing
under the criteria of the Regulatory structure with subsequent loss of control of
Costs of Compliance the airplane.
Flexibility Act.
Based on the service information, we In order to correct and monitor this
We prepared a regulatory evaluation situation, the present AD mandates a one
estimate that this proposed AD would of the estimated costs to comply with
affect about 50 products of U.S. registry. time inspection of the wing strut fittings and
this proposed AD and placed it in the replacement of damaged wing strut fittings
We also estimate that it would take AD docket. with new ones. This AD also requires
about 7 work-hours per product to examination of the spherical bearings
comply with the basic requirements of List of Subjects in 14 CFR Part 39 installed in the wing strut fittings and their
this proposed AD. The average labor Air transportation, Aircraft, Aviation replacement for bearings that do not pass the
rate is $80 per work-hour. safety, Safety. examination criteria.
Based on these figures, we estimate
The Proposed Amendment Actions and Compliance
the cost of the proposed AD on U.S.
operators to be $28,000, or $560 per (f) Unless already done, do the following
Accordingly, under the authority actions:
product. delegated to me by the Administrator, (1) For MSN 2001 through MSN 2092:
In addition, we estimate that any the FAA proposes to amend 14 CFR part Within the next 100 hours time-in-service
necessary follow-on actions would take 39 as follows: (TIS) on the upper wing strut fitting after the
about 15 work-hours and require parts effective date of this AD or within 3 months
costing $2,500 for a cost of $3,700 per PART 39—AIRWORTHINESS after the effective date of this AD, whichever
fitting or $7,400 per product if both DIRECTIVES occurs first, and repetitively thereafter at
fittings are replaced. We have no way of intervals not to exceed 12 months, do the
determining the number of products 1. The authority citation for part 39 actions specified in paragraph (f)(3) of this
that may need these actions. continues to read as follows: AD.
Authority: 49 U.S.C. 106(g), 40113, 44701. (2) For MSN 101 through MSN 951 do the
hsrobinson on PROD1PC76 with PROPOSALS-1

Authority for This Rulemaking following actions, as applicable:


Title 49 of the United States Code § 39.13 [Amended] (i) If the upper wing strut fitting has less
than 3,500 hours TIS or has been installed for
specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding
less than 84 months (7 years): Within the
rules on aviation safety. Subtitle I, the following new AD: next 1,000 hours TIS on the upper wing strut
section 106, describes the authority of Pilatus Aircraft Ltd.: Docket No. FAA–2007– fitting after the effective date of this AD or
the FAA Administrator. ‘‘Subtitle VII: 28157; Directorate Identifier 2007–CE– within 24 months after the effective date of
Aviation Programs,’’ describes in more 046–AD. this AD without exceeding 3,600 hours TIS

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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules 29897

or 87 months (7 years, 3 months), whichever Other FAA AD Provisions on Indiana’s demonstration that the
occurs first, and repetitively thereafter at (g) The following provisions also apply to State will meet the Phase II Rule
intervals not to exceed 12 months, do the this AD: requirements through rules regulating
actions specified in paragraph (f)(3) of this (1) Alternative Methods of Compliance stationary internal combustion (IC)
AD, or; (AMOCs): The Manager, Standards Staff, engines. Limiting NOX emissions from
(ii) If the upper wing strut fitting has 3,500 FAA, has the authority to approve AMOCs IC engines will enable the State to meet
or more hours TIS or has been installed for for this AD, if requested using the procedures
84 months (7 years) or longer: Within the
the Phase II budget of 4,244 tons during
found in 14 CFR 39.19. Send information to
next 100 hours TIS on the upper wing strut ATTN: Doug Rudolph, Aerospace Engineer,
the ozone season, thereby improving air
fitting after the effective date of this AD or FAA, Small Airplane Directorate, 901 Locust, quality and protecting the health of
within 3 months after the effective date of Room 301, Kansas City, Missouri 64106; Indiana citizens. We are also proposing
this AD, whichever occurs first, and telephone: (816) 329–4059; fax: (816) 329– to approve other changes to Indiana’s
repetitively thereafter at intervals not to 4090. Before using any approved AMOC on NOX rules. These are minor clerical
exceed 12 months, do the actions specified any airplane to which the AMOC applies, corrections and changes in definitions
in paragraph (f)(3) of this AD. notify your appropriate principal inspector made by Indiana to conform to EPA’s
Note 1: If the TIS of the upper wing strut (PI) in the FAA Flight Standards District Phase II Rule. Citizens who wish to
fittings cannot be positively determined by a Office (FSDO), or lacking a PI, your local comment on this proposed approval of
FSDO.
review in the airplane maintenance records, the Indiana Phase II NOX plan are
(2) Airworthy Product: For any requirement
then by default the upper wing strut fittings encouraged to do so within the
in this AD to obtain corrective actions from
were installed from the date of original timeframe noted below.
a manufacturer or other source, use these
Certificate of Airworthiness.
actions if they are FAA-approved. Corrective DATES: Comments must be received on
(3) Do the following at the times specified actions are considered FAA-approved if they or before June 29, 2007.
in paragraph (f)(1) or (f)(2) of this AD: are approved by the State of Design Authority
(i) Perform a visual and non-destructive ADDRESSES: Submit your comments,
(or their delegated agent). You are required
inspection of the upper wing strut fittings for to assure the product is airworthy before it identified by Docket ID No. EPA–R05–
cracks following the Accomplishment is returned to service. OAR–2006–0540, by one of the
Instructions in Pilatus Aircraft Ltd. Service (3) Reporting Requirements: For any following methods:
Bulletin No. 57–004, dated April 16, 2007. reporting requirement in this AD, under the 1. www.regulations.gov: Follow the
(ii) Examine for conformity the spherical provisions of the Paperwork Reduction Act on-line instructions for submitting
bearings following the Accomplishment (44 U.S.C. 3501 et seq.), the Office of comments.
Instructions in Pilatus Aircraft Ltd. Service Management and Budget (OMB) has 2. E-mail: mooney.john@epa.gov.
Bulletin No. 57–004, dated April 16, 2007. approved the information collection 3. Fax: (312) 886–5824.
(4) If during any inspection required by requirements and has assigned OMB Control 4. Mail: John M. Mooney, Chief,
paragraph (f)(3)(i) of this AD, cracks are Number 2120–0056.
Criteria Pollutant Section, Air Programs
found in the upper wing strut fitting, before Related Information Branch (AR–18J), U.S. Environmental
further flight replace the wing strut fitting Protection Agency, 77 West Jackson
with a new part number (P/N) 111.35.06.185 (h) Refer to MCAI European Aviation
Safety Agency (EASA) AD No: 2007–0114, Boulevard, Chicago, Illinois 60604.
(left side) or P/N 111.35.06.186 (right side)
following the Accomplishment Instructions
dated May 02, 2007; and Pilatus Aircraft Ltd. 5. Hand Delivery: John M. Mooney,
Service Bulletin No. 57–004, dated April 16, Chief, Criteria Pollutant Section, Air
in Pilatus Aircraft Ltd. Service Bulletin No.
2007, for related information. Programs Branch (AR–18J), U.S.
57–004, dated April 16, 2007. Replacement of
the upper wing strut fitting does not Issued in Kansas City, Missouri, on May Environmental Protection Agency, 77
terminate the repetitive inspection specified 23, 2007. West Jackson Boulevard, Chicago,
in paragraph (f)(3) of this AD. David R. Showers, Illinois 60604. Such deliveries are only
(5) If during any inspection required by Acting Manager, Small Airplane Directorate, accepted during the Regional Office
paragraph (f)(3)(ii) of this AD, the spherical Aircraft Certification Service. normal hours of operation, and special
bearing is found not in conformity, replace [FR Doc. E7–10315 Filed 5–29–07; 8:45 am] arrangements should be made for
the bearing with a new P/N 944.61.00.109 deliveries of boxed information. The
BILLING CODE 4910–13–P
following the Accomplishment Instructions Regional Office official hours of
in Pilatus Aircraft Ltd. Service Bulletin No. business are Monday through Friday,
57–004, dated April 16, 2007. Replacement of
ENVIRONMENTAL PROTECTION 8:30 a.m. to 4:30 p.m. excluding Federal
the spherical bearing does not terminate the
repetitive inspection specified in paragraph AGENCY holidays.
(f)(3) of this AD. Instructions: Direct your comments to
(6) Report to Pilatus Aircraft Ltd. Customer 40 CFR Part 52 Docket ID No. EPA–R05–OAR–2006–
Liaison Manager results of the inspection/ 0540. EPA’s policy is that all comments
[EPA–R05–OAR–2006–0540; FRL–8319–7] received will be included in the public
examination using Table 1 of Pilatus Aircraft
Ltd. Service Bulletin No. 57–004, dated April docket without change and may be
Approval and Promulgation of Air
16, 2007. made available online at
Quality Implementation Plans; Indiana;
www.regulations.gov, including any
FAA AD Differences Oxides of Nitrogen Regulations, Phase
personal information provided, unless
Note 2: This AD differs from the MCAI
II
the comment includes information
and/or service information as follows: AGENCY: Environmental Protection claimed to be Confidential Business
(1) The FAA AD is requiring repetitive Agency (EPA). Information (CBI) or other information
inspections and reporting results to the whose disclosure is restricted by statute.
hsrobinson on PROD1PC76 with PROPOSALS-1

manufacturer, not just a one-time inspection ACTION: Proposed rule.


Do not submit information that you
and report as required in the MCAI.
SUMMARY: The EPA is proposing to consider to be CBI or otherwise
(2) The Service Bulletin specifies
‘‘subsequent inspections for cracks will be approve Indiana’s oxides of nitrogen protected through www.regulations.gov
included in Chapter 5 of the Aircraft (NOX) rules which satisfy the or e-mail. The www.regulations.gov Web
Maintenance Manual (AMM).’’ The only way requirements of EPA’s NOX SIP Call site is an ‘‘anonymous access’’ system,
we (FAA) can mandate these repetitive Phase II Rule (the Phase II Rule). We are which means EPA will not know your
inspections is through an AD. proposing to approve these rules based identity or contact information unless

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