[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Rules and Regulations]
[Pages 24870-24872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10050]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-85-AD; Amendment 39-11699; AD 2000-08-13]
RIN 2120-AA64


Airworthiness Directives; Learjet Model 45 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is

[[Page 24871]]

applicable to certain Learjet Model 45 airplanes. This action requires 
revising the Airplane Flight Manual to provide the flight crew with 
certain instructions associated with an exterior preflight inspection 
and ground operations. This amendment is prompted by a report 
indicating the occurrence of an uncommanded brake application condition 
that was not annunciated in the cockpit. The actions specified in this 
AD are intended to provide the flight crew with procedures to detect an 
uncommanded brake application condition during taxi and takeoff. Such a 
condition could result in a possible wheel/brake fire and/or a high-
speed rejected takeoff.

DATES: Effective May 15, 2000.
    The incorporation by reference of certain publications in this rule 
is approved by the Director of the Federal Register as of May 15, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before June 27, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-85-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The information concerning this amendment may be obtained from or 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Small Airplane Directorate, 
Wichita Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Shane Bertish, Aerospace Engineer, 
Systems and Equipment Branch, ACE-116W, FAA, Small Airplane 
Directorate, Wichita Aircraft Certification Office, 1801 Airport Road, 
Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 
946-4156; fax (316) 946-4407.

SUPPLEMENTARY INFORMATION: The FAA has received a report indicating the 
occurrence of an uncommanded brake application condition that was not 
annunciated in the cockpit, in which the airplane experienced a 
dragging brake (uncommanded brake application condition) when the pilot 
released the parking brake. Not realizing the severity or cause of the 
problem, the pilot increased the thrust control to taxi the airplane. 
During takeoff, the airplane failed to accelerate properly, and the 
pilot performed a rejected takeoff. After the airplane returned to the 
ramp, investigation revealed that one or more brake pistons had failed, 
causing a small brake oil fire.

Explanation of Relevant Service Information

    The manufacturer has issued Learjet Temporary Flight Manual (TFM) 
Changes TFM 2000-01, 2000-02, 2000-03, 2000-04, 2000-05, 2000-06, 2000-
07, and 2000-08, each dated April 6, 2000. These TFM changes provide 
information for the flight crew with certain instructions to detect 
possible brake problems during exterior preflight inspections and 
ground operations.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other Learjet Model 45 airplanes of the same type 
design, this AD is being issued to provide the flight crew with 
procedures to detect an uncommanded brake application condition during 
taxi and takeoff. Such a condition could result in a possible wheel/
brake fire and/or a high-speed rejected takeoff. This AD requires 
revising the Limitations and Normal Procedures Sections of the FAA-
approved AFM to provide the flight crew with certain instructions to 
detect possible brake problems during exterior preflight inspections 
and ground operations.

Interim Action

    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
positively address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-85-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

[[Page 24872]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-08-13  Learjet: Amendment 39-11699. Docket 2000-NM-85-AD.

    Applicability: Model 45 airplanes on which Crane Hydro-Aire 
brake control unit part number (P/N) 42-933-2 is installed; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To provide the flight crew with procedures to detect an 
uncommanded brake application condition during taxi and takeoff, 
which could result in a possible wheel/brake fire and/or a high-
speed rejected takeoff, accomplish the following:

Airplane Flight Manual (AFM) Revision

    (a) Within 10 days after the effective date of this AD, revise 
the Limitations and Normal Procedures Sections of the FAA-approved 
AFM to include Learjet Temporary Flight Manual (TFM) Changes 2000-
01, 2000-02, 2000-03, 2000-04, 2000-05, 2000-06, 2000-07, and 2000-
08, each dated April 6, 2000.

    Note 1: The AFM revision required by paragraph (a) of this AD 
may be accomplished by inserting a copy of the applicable TFM Change 
into the applicable section of the AFM. When these TFM Changes have 
been incorporated into the general revisions of the AFM, the general 
revisions may be inserted into the AFM, provided that the 
information contained in the general revisions is identical to that 
specified in the TFM Changes.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Wichita Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Operations Inspector, who may add comments and then send it to the 
Manager, Wichita ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (d) The Airplane Flight Manual revisions shall be done in 
accordance with Learjet Temporary Flight Manual Change 2000-01, 
dated April 6, 2000; Learjet Temporary Flight Manual Change 2000-02, 
dated April 6, 2000; Learjet Temporary Flight Manual Change 2000-03, 
dated April 6, 2000; Learjet Temporary Flight Manual Change 2000-04, 
dated April 6, 2000; Learjet Temporary Flight Manual Change 2000-05, 
dated April 6, 2000; Learjet Temporary Flight Manual Change 2000-06, 
dated April 6, 2000; Learjet Temporary Flight Manual Change 2000-07, 
dated April 6, 2000; and Learjet Temporary Flight Manual Changes 
2000-08, dated April 6, 2000. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
Bombardier Aerospace, Learjet, One Learjet Way, Wichita, Kansas 
67277-7707. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at Small 
Airplane Directorate, Wichita Certification Office, 1801 Airport 
Road, Room 100, Mid-Continent Airport, Wichita, Kansas; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (e) This amendment becomes effective on May 15, 2000.

    Issued in Renton, Washington, on April 17, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-10050 Filed 4-27-00; 8:45 am]
BILLING CODE 4910-13-P