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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1042; Project Identifier MCAI-2023-00274-A;
Amendment 39-22518; AD 2023-15-06]
RIN 2120-AA64
Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for all
Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This AD was
prompted by reports of an electrical burning smell in the cabin without
the presence of smoke. This AD requires 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
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective September 27, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
27, 2023.
ADDRESSES:
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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For EASA service information identified in this final
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +49 221 8999 000; email: ADs@easa.europa.eu; website:
easa.europa.eu. You may find this material on the EASA website:
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. It is also available at
regulations.gov under Docket No. FAA-2023-1042.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4059; email: doug.rudolph@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Pilatus Model PC-24
airplanes. The NPRM published in the Federal Register on May 15, 2023
(88 FR 30909). The NPRM was prompted by AD 2023-0038, dated February
14, 2023, issued by EASA, which is the Technical Agent for the Member
States of the European Union (referred to after this as ``the MCAI'').
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.
In the NPRM, the FAA proposed 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. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-1042.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from one commenter, Pilatus. The
following presents the comment received on the NPRM and the FAA's
response to the comment.
Request To Revise Emergency Procedures Instead of Limitations Section
Pilatus commented that Section 2, Limitations, of the AFM is not
affected by this new procedure, but Section 3, Emergency Procedures,
is. The FAA infers that the commenter is requesting that the
information in Pilatus PC-24 AFM Temporary Revision 02371-055 (AFM TR
02371-055) be inserted in Section 3A, Abnormal Procedures within the
Emergency Procedures Section of the AFM and not in the Limitations
Section.
The FAA agrees that AFM TR 02371-055 affects Section 3A, Abnormal
Procedures, of the AFM, but FAA regulations do not mandate compliance
with the Abnormal Procedures Section of the AFM. As explained in the
``Differences Between this AD and the MCAI'' section of this final
rule, EASA AD 2023-0038 requires inserting AFM TR 02371-055 into the
Abnormal Procedures Section of the AFM, but this AD requires 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. The FAA did not change this
AD as a result of this comment.
Conclusion
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data,
considered the comment received,
and determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. Except for minor editorial changes, and any other
changes described previously, this AD is adopted as proposed in the
NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0038 requires revising the AFM by inserting a copy of
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
the ADDRESSES section.
Differences Between This AD and the MCAI
EASA AD 2023-0038 requires inserting AFM TR 02371-055 into the
Abnormal Procedures Section of the AFM, but this AD requires 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 AD does 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 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 AD is an interim action. If final
action is later identified, the FAA may consider further rulemaking.
Costs of Compliance
The FAA estimates that this AD affects 97 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Revise AFM |
0.50 work-hour x $85 per hour
= $42.50 |
$0
|
$42.50
|
$4,122.50
|
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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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