Discussion
On March 27, 2008, we issued AD 2008-07-11, Amendment 39-15452 (73 FR 18433, April 4, 2008). That AD required actions intended to address an unsafe condition on the products listed above.
AD 2008-07-11, Amendment 39-15452 (73 FR 18433, April 4, 2008) was based on results of a full-scale fatigue test of the pitch trim actuator on PILATUS AIRCRAFT LTD. Models PC-12, PC-12/45, and PC-12/47 airplanes. The life-limit was extended and the time between overhaul (TBO) was reduced. In addition, based on the results of the fatigue test, a life-limit of the pitch trim actuator attachment had been established.
These new limitations were incorporated into the airworthiness limitations section of the Pilatus PC-12 Airplane Maintenance Manual (AMM) 12-A/AMP-04, chapter 4, revision 10, dated October 26, 2007.
The new limitations for the pitch trim actuator TBO were moved from Chapter 5: Time Limits/Maintenance Checks, to Chapter 4: Structural,Component and Miscellaneous--Airworthiness Limitations. Since both chapter 4 and chapter 5 are mandatory within the European and Swiss airworthiness systems, it was not necessary for the European Aviation Safety Agency (EASA) and the Federal Office of Civil Aviation (FOCA) to issue an AD to mandate these new limitations.
The only way the FAA can mandate the implementation of changes to the airworthiness limitations section of an FAA-approved maintenance program is by AD action.
On February 8, 2013, we issued AD 2012-26-16, Amendment 39-17311 (78 FR 11572, February 19, 2013). AD 2012-26-16 also requires incorporating new revisions into the Limitations section, Chapter 4, of the Pilatus PC-12 AMM. The limitations were revised to include an inspection of the wing main spar fastener holes at rib 6 for cracks.
After issuing AD 2012-26-16, Amendment 39-17311 (78 FR 11572, February 19, 2013), we determined that AD 2008-07-11 should have been superseded by AD 2012-26-16. Since AD 2008-07-11 requires incorporating an earlier version of the airworthiness limitations section of the AMM, it could cause confusion for the owners/operators and could result in missed inspections and replacements required by AD 2012-26-16. Therefore, the need to continue to address this subject as an unsafe condition through AD 2008-07-11 is no longer necessary.
FAA's Determination
We are issuing this AD because we evaluated all available information and determined the existing AD is no longer necessary.
AD Requirements
This AD would rescind AD 2008-07-11, Amendment 39-15452 (73 FR 18433, April 4, 2008).
FAA's Determination of the Effective Date
An unsafe condition exists or could develop that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the unsafe condition addressed in AD 2008-07-11, Amendment 39-15452 (73 FR 18433, April 4, 2008)is currently addressed in AD 2012-26-16, Amendment 39-17311
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(78 FR 11572, February 19, 2013). Allowing the airworthiness limitation section (ALS) required by AD 2008-07-11 to remain valid could cause confusion as to what is required and this could introduce an unsafe condition if certain areas were not inspected. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0070; Directorate Identifier 2007-CE-098-AD'' at the beginning of your comments. We specifically invitecomments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
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.
We are 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 byprescribing 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
We determined that 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) Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.