U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

C 2 '' ' OFFICE OF HEARINGS 

^jo^^ """ WASHINGTON, D.C. 

I -, >-.> 

In the Matter of Carolina Blue Air, LLC 

p,. : FAA Docket No.2010EA210014 

' DOT Docket Number (not assigned) IcTjfyx AP\'^-'^'^ ' 

Judge (not assigned) I 

COMPLAINANT'S FIRST SET OF INTERROGATORIES 

AND REOUEST FOR PRODUCTION OF DOCUMENTS AND REOUESTS FOR 

ADMISSIONS 

Pursuant to 14 C.F.R. 13.220 and Rules 33 and 34 of the Federal Rules of Civil 

Procedure, Complainant requests that the Respondent provide the following discovery within 

thirty (30) days. 

It is requested that the Respondent answer the following interrogatories and produce 

the documents hereinafter described. This request shall be deemed to be continuing to the 

extent permitted by Rule 26(e) of the Federal Rules of Civil Procedure so as to require you to 

file supplemental responses. This request is intended to cover all docimients in the 

Respondent's possession or subject to Respondent's custody and control and includes 

documents in the possession of each individual who acts, or has acted at relevant times, as an 

employee, agent or representative of Respondent. 
It is also requested that Respondents respond to the Requests for Admissions below 

within 30 days, as per 14 CFR Section 13.220(1). 

DEFINITIONS 

A. When knowledge or information in possession of a party is requested, such request 

includes knowledge of the party's agents, representatives and, unless privileged, the party's 

attorneys. 

B. The pronoun "you" and "yours" refers to the party to whom these interrogatories 

are addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place and 

circumstances of the occurrences mentioned or complained of in the pleadings. 

D. When used with respect to an individual, corporate, business or governmental 

entity, "identify" means state the name and present business or residence addresses of the 

individuals or entities and the employer, governmental or business affiliation and position of 

the individual. 

E. The terms "document" and "statement" mean without limitation, the following 

items, whether printed or recorded or reproduced by any other mechanical process or written 

or produced by hand: agreements, communications, correspondence, telegrams, memoranda, 

summaries or records of telephone conversations, summaries or records of personal 

conversations or interviews, diaries, reports, notebooks, note charts, plans, drawings, sketches, 

maps, summaries or reports of investigations, opinions or reports of consultants, photographs. 
I. For all interrogatories to which the responding individual has an objection, state the 

factual and legal basis for the claimed privilege, or any other authority which provides the 

claimed basis for the objection. 

J. All documents requested as to which the responding individual claims privilege or 

any other objection as a ground for non-production shall be identified chronologically as 

follows: 

(a) date, 

(b) title, 

(c) type of document (e.g. memorandimi, report, chart, etc.), 

(d) subject matter (without revealing the information as to which privilege or 

statutory authority is claimed). 

(e) factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for non-productivity. 
March 22,2010), is an authentic copy of that document. 

RespectfiiUy submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: (7pni/-^<Av ^ Datg. [of^ff^ 

Zachaiy }A. Befman 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 
CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing complainant's first set of 

interrogatories and request for production of documents were placed in the United States mail, 

postage prepaid. Certified Mail - Return Receipt Requested addressed as foUows: 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room E12-320 

Washington, D.C. 20590 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

William J. Armfield, IV 

President 

Carohna Blue Air, LLC 

300 North Greene Sfreet- Suite 2190 

Greensboro, NC 27401 

Richmond, VA 23250 

Date: - ^ "'^"^ ^ , 

ioks 

Paralegal Speciahst 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

••B 
3/15/2010 1:16:01 PM 

RGL Home 

Airworthines s Directive 

^ Federal Register Information 

^Header Information 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 [63 PR 33244 NO. 117 06/18/98] 

Docket No. 98-NM-25-AD; Amendment 39-10603; AD 98-13-15 

RIN 2120-AA64 

Airworthiness Directives; Dassault Model Mystere-Falcon 200, Fan Jet Falcon, 

and Mystere-Falcon 20 Series Airplanes 

PDF Copy (If Available): 

^Preamble Information 

AGENCY: Federal Aviation Administration, DOT 

ACTION: Final rule 

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

applicable to all Dassault Model Mystere-Falcon 200, Fan Jet Falcon, and 

Mystere-Falcon 20 series airplanes, that requires repetitive inspections to detect 

cracks at the attaching holes of the wing-to-fuselage fairings and to ensure 

tightness of the attaching screws; and repair of any discrepancy. This amendment 

also requires installation of cupwashers under the vertical seams of the upper 

fairings. This amendment is prompted by issuance of mandatory continuing 

airworthiness information by a foreign civil ainworthiness authority. The actions 

specified by this AD are intended to prevent loss of the wing-to-fuselage upper 

fairings during flight, which could result in the fairings impacting the engines or tail 

sections, and consequent reduced controllability of the airplane. 

DATES: Effective July 23, 1998. 

ADDRESSES: Information pertaining to this amendment may be examined at the 

Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules 

Docket, 1601 Lind Avenue, SW., Renton, Washington. 

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 

International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2110; fax 

(425)227-1149. 

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) 

Dassault Model Mystere-Falcon 200,... Page 1 of4 
f 3/15/2010 1:16:01 PM 

that is applicable to all Dassault Model Mystere-Falcon 200, Fan Jet Falcon, and 

Mystere-Falcon 20 series airplanes was published in the Federal Register on 

April 20, 1998 (63 FR 19427). That action proposed to require repetitive 

inspections to detect cracks at the attaching holes of the wing-to-fuselage fairings 

and to ensure tightness of the attaching screws; and repair of any discrepancy. 

That action also proposed to require installation of cupwashers under the vertical 

seams of the upper fairings. 

Comments 

Interested persons have been afforded an opportunity to participate in the making 

of this amendment. No comments were submitted in response to the proposal or 

the FAA's determination of the cost to the public. 

Conclusion 

The FAA has determined that air safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

The FAA estimates that 239 airplanes of U.S. registry will be affected by this AD, 

that it will take approximately 2 work hours per airplane to accomplish the required 

actions, and that the average labor rate is $60 per work hour. Based on these 

figures, the cost impact of the AD on U.S. operators is estimated to be $28,680, or 

$120 per airplane. 

The cost impact figure discussed above is based on assumptions that no operator 

has yet accomplished any of the requirements of this AD action, and that no 

operator would accomplish those actions in the future if this AD were not adopted. 

Regulatory Impact 

The regulations adopted herein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is 

determined that this final rule does not have sufficient federalism implications to 

warrant the preparation of a Federalism Assessment. 

For the reasons discussed above, I certify that this action (1) is not a "significant 

regulatory action" under Executive Order 12866; (2) is not a "significant rule" 

under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 

1979); 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. A final evaluation has been prepared for this action and it is 

contained in the Rules Docket. A copy of it may be obtained from the Rules 

Docket at the location provided under the caption "ADDRESSES." 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation safety. 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 

Dassault Model Mystere-Falcon 200,... Page 2 of4 
3/15/2010 1:16:01 PM 

1. The authority citation for part 39 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§39.13 [Amended] 

2. Section 39.13 is amended by adding the following new airworthiness directive: 

'^Regulatory Information 

98-13-15 DASSAULT AVIATION: Amendment 39-10603. Docket 98-NM-25-AD. 

Applicability: All Model Mystere-Falcon 200, Fan Jet Falcon, and Mystere-Falcon 

20 series airplanes; certificated in any category. 

NOTE 1: This AD applies to each airplane identified in the preceding applicability 

provision, regardless of whether it has been modified, altered, or repaired in the 

area subject to the requirements of this AD. For airplanes that have been 

modified, altered, or repaired so that the performance of the requirements of this 

AD is affected, the owner/operator must request approval for an alternative 

method of compliance in accordance with paragraph (b) of this AD. The request 

should include an assessment of the effect of the modification, alteration, or repair 

on the unsafe condition addressed by this AD; and, if the unsafe condition has not 

been eliminated, the request should include specific proposed actions to address 

it. 

Compliance: Required as indicated, unless accomplished previously. 

To prevent loss of the wing-to-fuselage upper fairings during flight, which could 

result in the fairings impacting the engines or tail sections, and consequent 

reduced controllability of the airplane, accomplish the following: 

(a) Within 7 months or 330 flight hours after the effective date of this AD, 

whichever occurs first, accomplish the requirements of paragraphs (a)(1) and (a) 

(2) of this AD in accordance with Chapter 53-50-0, dated May 1996, of Fan Jet 

Falcon Dassault Aviation Maintenance Manual Phase 34, dated June 1997 (for 

Model Fan Jet Falcon and Mystere-Falcon 20 series airplanes); or Chapter 53, 

Procedure 731-3 of Mystere-Falcon 200 Dassault Aviation Maintenance Manual, 

Revision 12, dated April 30, 1996 (for Model Mystere-Falcon 200 series 

airplanes); as applicable. 

(1) Perform an inspection to detect cracks at the attaching holes of the wing-tofuselage fairings and to ensure tightness of the screws. If any discrepancy is 

found, prior to further flight, repair. If a repair is not specified in the applicable 

maintenance manual, prior to further filght, repair in accordance with a method 

approved by the Manager, International Branch, ANM-116, FAA, Transport 

Airplane Directorate, Thereafter, repeal the inspection at intervals not to exceed 6 

months or 300 flight hours, whichever occurs first 

(2) Install cupwashers under the vertical seams of the upper fairings. 

(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, 

International Branch, ANM-116. Operators shall submit their requests through an 

appropriate FAA Principal Maintenance Inspector, who may add comments and 

then send it to the Manager, International Branch, ANM-116. 

Dassault Model Mystere-Falcon 200,... Page 3 of4 
. , . , 3/15/2010 1:16:01 PM 

NOTE 2: Information concerning the existence of approved auernative methods of 

compliance with this AD, if any, may be obtained from the International Branch, 

ANM-116. 

(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. 

NOTE 3: The subject of this AD is addressed in French airworthiness directives 

96-092-021 (B), dated April 24, 1996; and 96-246-022(B), dated November 6, 

1996. 

(d) This amendment becomes effective on July 23, 1998. 

"^Footer Information 

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Dassault Model Mystere-Falcon 200,... Page 4 of 4 
WEST/ST/^ 

MAVIATION Logboo k Entry 

Falcon 20-F5 s/n 289 

N450CP 

18 Terminal Drive, East Alton, IL 62024 

Tel 618-258-4700 Fax 618-258-8097 

www.weststaraviation.com 

DATE: 2Q.AUG.200a AIRCRAFT TOTAL TIME: 9568.9 TOTAL LANDINGS: 9541 

Comol M with thm following avionics dut Hmma: 

W Cvtitv that tfis Alnni l AMmtitar xvsfmM comohf with FAR 91.411: 

-The Aircraft's altimeter systems and aitltuda reporting equipment has been Inspected In accordance vM\ FAR 91M11 and found to comply with 

appendices E and F of part 43. The systems were also found to Iw In compllanca with STC USTtMSSTWI Navigation-Reduced Vertical Separation 

Minimum (RVSM) Capability. Completad Reduced Verticai Separation Minimum Non-Group Airworthiness Approval in accordance with Kohiman 

Systems Research, Inc Document #0404307 dated 1S-SEP-200S Instructions for Continued Airworthiness. 

Pilot Air Data Computer 

Copilot Air Data Computer 

Stand-By Altimeter 

p/n: 24471 

p/n: 24471 

p/n: 501-18600-0101 

Model Number N/A 

Model Number N/A 

Model Number GH3100 

s/n: 20693-«1k 

s/n: 20693-75k 

s/n: 293 

Tested to 50,000 ft 

Tested to 50.000 ft 

Tested to 50.000 ft 

•/ CerttfW that tfie Alrenlt Transoondmr amtama comohf wMh FAR 91.413: 

-The Aircraft's ATC transponder systems has been tested and inspected in accordance with FAR 91.413 and found to comply with appendix F of part 43. 

The systems were also found to be in compliance with RVSM standards. 

#1 Transponder 

#2 Transponder 

p/n: 066^)1143-2101 

p/n: 066-01143-2101 

Model Number MST-67A 

Model Number MST-67A 

AJAM 

- C M CAMP code 340143 Leak test pitot air data computer. 

-C/W CAMP code 340144 Functfonal test pitot air data computer. 

Pago 1 of 2 

s/n: 1219 

s/n: 1240 J ^ 

s 

v^ 

r 

WEST/STfiR 

MAVIATION 

DATE: Vt-M<rVm 

Logboo k Entry 

Falcon 20-FS s/n 289 

N4S0CP 

AIRCRAFT TOTAL TIME: 95^8.^ 

18 Terminal Drive, East Alton, IL 62024 

Tel 618-258-4700 Fax 618-258-8097 

wvvw.weststaravlatlon.com 

TOTAL LANDINGS: 9541 

Ami4niA 

-C/W CAMP code 340153 Leak test copltot air data computer. 

-C/W CAMP code 340154 Functional test copikjt air data computer. 

-C/W CAMP code 340163 Leak test standby altimeter stalk: pressure. 

-C/W CAMP code 340164 Functonai test standby altimeter. 

-C/W CAMP code 342617 Test#1 ATC transponder (91.413) 

-C/W CAMP code 342620 Test #2 ATC transponder (91.413) 

-C/W CAMP code 344205 Test pitot air data computer. (91.411) 

-C/W CAMP code 344211 Test copitot air data computer. (91.411) 

-C/W CAMP code 344310 overhauled #1 UNS-1F p/n 2192-00-111102 s/n 460 by Universal Avtonks System Corp. CRS #UZNR483N raf. w.o. 

09R64579. 

-C/W CAMP code 344320 overhauled #2 UNS-1 F p/n 2192-00-111102 s/n 685 by Universal Avionics System Corp. CRS #UZNR483N ref. w.o. 

09R64578. 

Rafarenca 337 datad 20-AUG-2009 for STC 1fST02104CH Dwiattons and UNS-1F Flight Manual Supplamant 

"I certify that the above work was performed In accordance the currant 

Dassault Falcon 20F-4 Maintenance Manual and was determined to be in an airworthy condition." 

Pertinent details on file at this repair station under work order 316677. 

Signed: W ^ (f^^t ^ _Kevln Ball. Avtonics Lead. West Star AviaUon. Inc. for CRS PAZR068H & EASA. 145.5079 

Signed:. Mi-u^^/y0^^ 

"I certify that this Aircraft has been Inspected and was 

determined to be airworthy with respect to the work performed*'.' 

details on ffle at this repair station under vwrk order 316677. 

Darren M. Nash, Chief Inspector for West Star Aviation, Inc. for CRS PAZR068H & EASA. 145.5079 

Page 2 of 2 
WEST/SWR 

MAVIATION Logbook Entry 

Falcon 20.F5 s/n 289 

N450CP 

18 Terminal Drive, East Alton, IL 62024 

Tel 618-258-4700 Fax 618-258-8097 

www.weststaraviation.com 

DATE: 20.AUG.2009 AIRCRAFT TOTAL TIME: 9566.9 TOTAL LANDINGS: 9541 

-C/W Basic, A, 2A, 2A+, and Z inspections in accordance vyith Dassault Aviation chapter 5-10-00 requirements. 

Comollad with tho followlna malntananca due Itoms: 

ATA 03 

-C/W CAMP code 05A001 Basic inspection 

-C/W CAMP code 050010 A inspection 

-C/W CAMP code 050020 2A inspectfon 

-C/W CAMP code 050030 2A-I- Inspection 

-C/W CAMP code 050040 Z Inspection 

ATAi4 

-C/W CAMP code 240206 servicing #1 engine computer battery p/n 135687 s/n 2016 by NIcad Battery Sen/lces Inc CRS #N6BR500Y ref. w.o. 

A001546. 

•C/W C/VMP code 240216 servk:ing #2 engine computer battery p/n 135687 s/n 5034 by Nicad Battery Services Inc CRS #N6BR500Y ref. w.o. 

A001545. 

-C/W CAMP code 240226 servicing engine standby computer battery p/n 135687 s/n 2014 by NIcad Battery Services Inc CRS #N6BR500Y ref. w.o. 

A001547. 

ATA 28 

-C/W CAMP code 260196 weight check APU Freon Are extinguisher 3.20iba 

-C/W CAMP code 260222 weight check baggage compartment Haton extinguisher. 4.02ibe 

-C/W CAMP code 260237 weight check codkjsit Halon fire extinguisher. S.OOibe 

-C/W CAMP code 260239 weight check cabin Halon fire extinguisher. S.OOIbs 

ATAJT 

-C/W CAMP code 270606/270611/270616 inspected tail plane actuator p/n 21-59-5 s/n 392 by MIdcoast Aviation. Inc CRS #R03R822L ref. w.o. 

K16gi8-1. 

1 

WEST^TJBR 

MAVIATION 

DATE: 20-AUG.200a 

Logboo k Entry 

Falcon 20-F5 s/n 289 

N450CP 

AIRCRAFT TOTAL TIME: 9568.9 

Page 1 of 3 

18 Terminal Drive, East Alton, IL 62024 

Tel 618-258-4700 Fax 618-258-8097 

www.weststaraviatlon.com 

TOTAL LANDINGS: 9541 

ATAK 

• C M CAMP code 350133 operatfonal check pItot 02 mask 'In-Situ' 

-C/W C/UUP code 350143 operatfonal check copilot 02 mask "In-SItu' 

-Replaced 3rd crew member 02 mask with new p/n 289-601-18 s/n N/A from AVOX Systems, Inc Cert #DMIR-830389-NE ref. w.o. 703538 

ATAS2 

-C/W C/UUP code 52202/^/522028 LH and RH emergency exits unlocking test Mote: mandatory 5-40 Itam. 

Comollad with tha followlna Airworthiness DIractlvas and Sarvha BulMns : 

-C/W AD 1974-08-C9 Rev 2 Amendment 39-9660 To Prevent Possible Fires That Could Result from Smoking Materials Being Dropped into Lavatory 

Paper or Linen Waste Receptacles. Note: next due 10568.9hrs 

'C/W AD 1978-19-02 Para D Amendment 39-2722 To Prevent Possible Contamination of Cabin Ventilation Air With Fuel Fumes or Mist. Note: next due 

9718.9hrs 

-C/W AD 1998-13-18 Amendment 39-10603 To Prevent Loss of the Wing to Fuselage Upper Fairings During Flight Note: next due 20-FEB2010/9888.9hrs 

-C/W AD 2008-04-14 Amendment 39-15386 Operational Test and Inspection of LH and RH Overwing Emergency Exits Note: next due 20-AUG-2011 

-C/W AD 2009-144)7 /Vmendment 39-15957 Perfonn an Inspection for a Red Une Marking on Each of the Wiggins Couplings that are Located Near the 

De-icing Valves (12H1) and (12H2). ,,^ •;-;.,, . 

-C/W 5 8 788 Rev i dated 17-JUL-2008 Ice and Rain Protecdon-Wihg Anti-ldn^ System-Installing Seals with Higher Temperature Rating Note: S/B 

previously C/W 

Compiled with the followlna miscellaneous Items:,. : < / , > .-

fiTA27 • .,v.n,-.-».,.-.A ,.;. v ••.-*••'"• ;• 

-Repaired LH inbd slat actuator p/n 106-74-5 s/n 194 by Corpair Supply,-C(> CRS |i(SE2Ri58U r^fr w.o. 85375 

/^m a •••.--• 

' ywCAMP code 323611 removed p/n 64302-004-1 s/n 456 and replaced with repaired p/n 64302;0Q4K\-9/n 94H b/Corpair Supply Co. Inc CRS 

>^SE2R15aL ref. w.o. 80512. "'.; / q.-: -

-Repaired NLG stmt assembly p/n A11-23659-13 s/n B236 by Excel Aviation, inc CRS #E3AR837J ref. w.o. 2984. 

-Replaced emergency brake RH overwing hyd. pressure line with manufactured p/n 20745-226 s/n E037 from Dassault Aviation Falcon Spares Cert 

#FR.21G.00O6 ref. w.o. PJ185210. 

PuUK 2 u( 3 
WEST/ST/JR 

MAVIATION 

ogbook Entry 

20.F5 s/n 289 

N450CP 

18 Terminal Drive, East Alton, IL 62024 

Tel 618-258-4700 Fax 618-258-8097 

www.weststaraviation.com 

DATE: 20.AUG.2009 AIRCRAFT TOTAL TIME: 9568.9 TOTAL LANDINGS: 9541 

ALU3 

-Replaced emergency lights power supply battery with new p/n AO-4002P s/n N/L 

ATA» 

-Replaced MED seal with manufectured p/n M2H2210438g0B1 s/n 5003 from Dassault Aviation Falcon Spares Cert #FR.21G.0O6 ref. w.o. PJ194575. 

ATA9i 

.Repaired LH aft over wing fairing l/A/W Fateon 20 SRM 51-30-05. 

-Repaired RH aft over wing foiring l/A/W Fateon 20 SRM 51-10.32. 

ATA 99 

.Replaced RH horizontal stab leading edge skin with manufactured p/n MY20334-021-1 s/n D20gRCL643 from Dassault Aviatkin Fateon Spares Ceil 

#JAR 21 N F.G. 006 ref. w.o. PJ118612. 

"I certify that the above work was performed in accordance the current 

Dassault Falcon 20F-4 MM Rev 23 and was determined to be In an ainvoithy condition." 

Pertinent details on file at this repair statton under work order 316677. 

Sign( Chris Brown, Falcon Senice Lead, West Star Aviatkin, Inc. for CRS PAZR068H & EASA.145.S079 

"I certify that this /Mrcraft has lieen Inspected In accordance with current F/kA Regulations, and 

/Approved for Return to Service with respect to the work performed". 

tinent details on file at this repair station under work order 316677. 

Signed: ^a^^u^^ry]oX\ . Darren M. Nash. Chief Inspector for West Star Aviation, Inc. for CRS P/VZR068H & EAS/V.145.5079 

PageSofS 
'{ 

rn Federal Aviation 

Administration 

AIRCRAFT CERTIFICATION SERVICE 

Airworthiness Directives IVIanual 

May 28, 2008 

U.S. Department of Transportation 

Federal Aviation Administration 

FAA-IR-M-8040.1B 

(FAA-AIR-M-8040.1) 

HQ04307QX 
May 28. 2008 FAA-1R-M-8040.1B 

SECTION 12. TEXT OF ADs 

120. SUBJECTS ADDRESSED. While the actual content of each AD will vary, the following items must 

be included in the rule portion of every AD: 

a. Product identification. 

b. A statement of applicability. 

c. The compliance time or period. 

d. A description of the problem. 

e. The corrective action required. 

121. PRODUCT IDENTIFICATION. The text of every AD begins with a complete and specific 

identification of the product manufacturer to which the AD applies. This statement also includes the 

amendment and docket numbers, as indicated in the examples below. 

a. Type-certificated Products. Type-certificated products must be identified by the name of the 

current type certificate (TC) holder followed by the name of any previous TC holders that manufactured the 

product. The manufacturer's name should be followed by the amendment number and docket number. 

Examples: 

ISRAEL AIRCRAFT INDUSTRIES (Formerly Aero Commander, North American 

Rockwell Corporation): Amendment 39-XXXXX. Docket No. 200X-NN-XX-AD. 

RAYTHEON AIRCRAFT COMPAJ^fY (Type Certiflcate No. A24CE formerly held 

by Beech Aircraft Corporation): Amendment 39-XXXXX; Docket No. 200X-NNXX-AD. 

b. Previous ADs affected. 

(1) If an AD revises or supersedes an AD issued previously, include information to fully 

identify the earlier AD by including the amendment and AD numbers. Examples: 

ISRAEL AIRCRAFT INDUSTRIES (Formerly Aero Commander, North American 

Rockwell Corporation): Amendment 39-finsert new amendment number]. Docket No. 

200X-NN-XX-AD. Supersedes AD [insert old AD number]. Amendment 39-finsert aid 

amendment number]. 

ISRAEL AIRCRAFT INDUSTRIES (Formerly Aero Commander, North American 

Rockwell Corporation): Amendment 39-finsert new amendment number]. Docket No. 

200X-NN-XX-AD. Revises AD finsert old AD number]. Amendment 39-finsert old 

amendment number], 

RAYTHEON AIRCRAFT COMPANY (Type Certificate No. A24CE formerly held 

by Beech Aircraft Corporation): Amendment 39-finsert new amendment number]; 

49 
FAA-lR-M-804aiB May 28, 2008 

Docket No. 200X-NN-XX-AD; Superseded /J> finsert old AD number], Amendment 

39-finsert old amendment number], 

(2) Note that the term "Supersede" is not acceptable as an "amcndslojy language" 

instruction to the CFR. The term is acceptable within the agency for use in the pnm^t o an AD m^M 

the body of the AD text itself. However, in the amendatory language used in the preamble to the AD, the 

correct term to be used is "removal" (see Section 11 of this Manual for a full explanation of amendatory 

language). 

122. APPLICABILITY STATEMENT. 

a. Applicability. A statement must be included to identify the affected ap^li^le model 

designations as published on the type certificate data sheet (TCDS). As indicated'M^^IQ^raph 110.b.(3) of 

this Manual, this is the place for the full statement, not the abbreviated one that niay Inve been used in the 

published document heading. Serial numbers may be added if appropriate and us^Ml'£fx&mples: 

Applicability: Models 1121,1121A, 1121B, 1123, and 1124 scries lift^liAta, 

certificated in any category. 

Applicability: Model 747-100 series airplanes; serial namben 122 til^gh 

189 inclusive; certificated in any ditegoi^ji'. 

Applicability: Model LTS101-600A-2 eliglnesi installed on bat nof ^te d to... 

b. Series. The term "series" may be used to denote similar models of a |)r6du<^. Remember thatiising 

the term will make the AD applicable to fiiture-productioh products unless limited by product serial ' ^ ' 

number. The term should be used with caution because it (iirectly affects AD distrit^tion and applicability; 

inconsistent usage is a constant source of problems. Aisb;Wfew defined in thtl^^ii^ referencing aircraft 

by series leaves the AD open to interpretation, the best pi4iti(^ is to list eatihihiMtil% the TCDS that 

applies to the AD. Examples: 

(1) "Beech Model 99" identifies a specific aircraft model. The AD%|H be applicable only 

to owners and operators of Beech Model 99 airplanes. 

(2) "Beech 99 Series" identifies a group of similar models. The AD li^ll be applicable to 

owners and operators of Beech Models 99,99A, A99A, and B99 airplanes, and will apply to all future 

Beech Model 99 airplanes, regardless of additioiiat designators. 

c. Supplemental Type-Certificated Producte. An AD issued to correct a c^oi^tion resulting fi-om 

supplemental type certificate (STC) a^eratiori of one pfrhOre different mO(%Is of ^||l ^ Engines, or 

propellers must identify the STC holder in the AI>1ie£^^. Mt^tify the ty|^<|fi||^^^||products that 

incorporate the STC in the applicabilii|r paragr&ph oftiie AD te:(i Supplettietitil ^^ ^ 

must be identified by the name of the current sf c holdei' followed by the nMl<^s)'OT|Nrev!bus holders of 

that STC. (An alternative is to issue a separate AD for each typOrcertificated p]XK|ttct|i^es affected by the 

STC alteration. An AD heading may identify only one aeroriautical product.)'Ekji^i|^: 

50 
May 28, 2008 FAA-IR-M-8040.1B 

BERYL D'SHANNON AVIATION SPECIALTIES, INC. (Formerly Smith 

and Jones Industries): Amendment 39-0000. Docket No. 00-00-00. 

Applicability: Beech Model 35 series airplanes, Cessna Model 182 series 

airplanes, and Piper Model PA-24 series airplanes, certificated in any category, 

that have been modified in accordance with STC No. SA26S3WE. 

AVCON INDUSTRIES, INC. Amendment 39-0000. Docket No. 00-00-00. 

Applicability: Cessna Modeb 150,170,172, and 175 series airplanes and 

Piper Model PA-28-140 airplanes, certificated in any category, that have been 

modified in accordance with STC Nos. SA750CE, SA777CE, SA793CE, 

SA806CE, or SA807CE, using AVCON Industries, Inc., muffler kits. 

d. Products Approved by Technical Standard Order or Parts Manufacturer Approval. Technical 

Standard Order (TSO) authorizations or Parts Manufacturer Approval (PMA) products must be identified 

by the manufacturer's name and model or part number. Example: 

LEIGH SYSTEMS: Applies to Emergency Locator Transmitter Leigh Systems 

Share 7 series installed in but not limited to... 

e. Use of Product Serial Numbers. In addition to model numbers, product serial numbers may be 

used to further identify products affected by an AD. Extreme caution should be used when this procedure is 

initiated. Errors can occur during the original selection of aircraft afTected, the manner in which the serial 

numbers are listed, and in the typing of documents. The following should also be considered: 

(1) Avoid, whenever possible, using the phrases "serial number 1234 and up" or "all serial 

numbers" since these phrases will render the AD applicable to future production aircraft. When the product 

currently is in production, work with the manufacturer to determine when that production run will end or 

when a product improvement will eliminate the unsafe condition cited by the AD, then state the complete 

serial number range. Care must be exercised to ensure that the production run ends as represented by the 

manufacturer. 

(2) When citing several serial numbers in sequence, e.g., "S/N 12340 through S/N 12345," 

be certain that a true sequence exists. Be certain that any serial numbers excluded from applicabilify are 

clearly stated. The basic structure of the serial numbers for a product may vary such that a reference to a 

number sequence is confusing to the reader, e.g., "S/N 123 through XYZ-1357." 

f Certification Category and Applicabilify. The fype and airworthiness certification categories may 

be used to identify those aircraft afTected by an AD. Examples: 

(1) The following statement incorporates all airplanes of the model listed without regard to 

the fype or airworthiness certification. It also includes those with experimental certificates where the 

experimental certificate and associated limitations are dependent upon the product fype certificate design 

for approval. When necessary, the phrase "except experimental airplanes used for the purpose of developing 

additional AD corrective action" may be made part of the original AD. 

Applicability: Cessna Model 150 airplanes, certificated in any category. 

(2) The following statement incorporates all helicopters of the model listed except those 

that have been issued restricted type and airworthiness certificates. 

51 
FAA-IR-M-8040.1B May 28,2008 

Applicability: Sikorsky S-61 scries helieoptcrs, ccitiflcatcd la any eali^|iHy except 

restricted. •' ' 

g. Militaty Aircraft. Militaty aircraft tiiat afe eligible for certification iffider%ff'^lian fype 

certificate must be listed in the applicability paii|^ho f Afh afftctlng the civil'ObmHi^nif the AD also 

applies to the military model. The term "series" may be used when the AD applies to all models. Keep in 

mind that the use of "series" may be miiinterptoted. Example: ^' 

Applicability: DC-9 series atrpfaiMSt ceMlfiartieAiH any catcgotyf liiilipding 

military type C9-A and C^B atrpiaacs. "^•'^• 

h. Applicabilify to products that have been modified, altered, or repiured. AU products identified in 

the applicabilify statement of an AD are subject to die AD. If a piroduct has bee4i mdc^iedi altered or 

repaired in the affected area in such a Way as to affect compliance with the AD, ^$\|lie r or operatbrlS"-

required to obtain approval of an alternative method of coitiptiance (AMOC) with ^^0 . Note tiiat 14 

CFR Part 39 includes this provision. 

In some cases, it may be necessaty to provide specific direction for operators that bayei>reviously modified, 

altered, or repaired a product in areas of the aircraft that are addressed in a specific AD. One such example 

would be an AD that addresses changes to HM airworthiness limitations. In this'SituHiioft, a paragraph such 

as the following could be included as a^note in the AD: ' t^^ 

NOTE**: This AD rcqaircs reVistoas to ccrtaia operator 

maintenance documents to include new laspectioas. CompliaaM Irith 

these inspections is reqalred bf 14 CFR^li^BSCc). For alri^idil fliat 

have been previously modille^ altered* or ii#patred fa the av«i# '^ 

addressed by these iaspecttOBS^ thciio'iieriitbi'aiay aot be aMeid ' 

accomplish the iaspecflons dcs«rtlMtf ttt Oie'flsvlsloils. l a ttH ' 

situation, to compty MUb 14 Cfit (Mikt 9i.4i^cX the operaf6r mil t 

request approval for an alternative method of compliance la 

accordance with paragraph (**) of this AD.-The request shooU laclude 

a description of chaises tO the reqiiitvd hUfMctioas that will • 

ensure the continued danngetolellace^fttii affected strM^«f^'11rie 

FAA has provided guidance Ibr dM dcteiMfaattoa la Advbd^l^' 

Circular (AC) 25-15i9. — 

When the FAA is aware that a service bulletin'sseffeetivity Is aVerly broad, it is desiiiM>Ie to limit the 

applicabilify of the AD to address only those products on which the unsafe condi^iif likely to exist or 

develop. This could be accomplished by referencing the service bulletin effectivify and adding a qualifier, 

such as: "that are equipped for canying passinigen.'*'Iti«tiief oflses, it might be ap^^at e to cite the affected 

appliance by manufacturer and part nittnber. Mdiose^ooes, if the particular ^jpIiiM^^s not installed, tlien an 

AMOC would not be required. . . «] . 

123. COMPLIANCE TIME OR PERIOD. 

a. General. In determining compliance times for ADs, usually two types of ttnalyses are necessaty: 

S First, a compliance "threshold" must be established, based on an engtfliering assessment of 

when action should be taken to detect or prevent the unsafe condition. For example^ If service experience 

indicates that fatigue cracking has been detected on airplanes with 10,000 landings, the engineer might 

determine that repetitive inspections should be initiated prior to the accumulation of 5,000 landings. For 

— ^ ^-^ i 
May 28, 2008 FAA-IR-M-8040.1B 

some types of unsafe conditions, such as computer software errors or certain manufacturing defects, the 

unsafe condition may exist on new products. In these cases, the threshold would be zero. 

3 Second, for those products that have already exceeded the threshold, a "grace period" must 

be established to preclude products from being grounded unnecessarily. In determining the appropriate 

grace period, the degree of urgency of the unsafe condition must be balanced against the amount of time 

necessaty to accomplish the required actions, the availabilify of necessaty replacement parts, operators' 

regular maintenance schedules, and other factors affecting the ability of operators to comply. In some cases 

it may be necessaty to ground aircraft, but in most cases the grace period can be selected to avoid grounding and 

interference with normal maintenance schedules, while still obtaining expeditious compliance. 

(1) Similarly, in selecting repetitive inspection intervals, compliance times should be chosen to 

ensure that the unsafe condition can be detected before it can become critical, but without imposing 

unnecessary burdens on operators. 

(2) Combining these factors, a typical compliance time provision might state: 

Prior to accumulating 5,000 landings or within the next 1,000 landings after 

the effective date of this AD, whichever occurs later; and thereafter at intervals 

not to exceed 2,000 landings, inspect.. 

b. Time-in-Service. 

(1) The simplest expression of compliance time is in terms of a specific number of hours of 

operation at which compliance is required for all affected products, that is, hours of time-in-service (TIS). 

Using the phrase "within the next [X] hours TIS" means up to and including [X] hours. The phrase "prior 

to the accumulation oi[X] hours TIS" means up to but not including [X] hours. Examples: 

Compliance: Required within the next flOO hours] time-in-service (TIS) after the 

effective date of this AD. 

Compliance: Required within the next f300 hours] time-in-service (TIS) after the 

effective date of this AD or prior to the accumulation off5,000 hours] TIS, whichever 

occurs flater], 

(2) When the compliance times relate to hours of time-in-service and are complex, the 

statement "compliance is required as indicated" should be used and the actual compliance times given in the 

body of the AD. Avoid stating compliance times that create overlapping requirements. Example that avoids 

overlap: 

Prior to the accumulation of fS,000] hours time-in-service (TIS) or within the 

next fJOO] hours TIS after the effective date of this AD, whichever occurs later, 

inspect in accordance with paragraph (x) of this AD. 

c. Calendar Times and Dates. 

(IX' Calendar time*(e.g;i "withiii sue months after the effective dattof thii AD") may be used 

to express compliance tinierWheii ttdirectrelationship betweenr calendaptimv and airwbrthiiless (including 

corrosion) can be establishedl^ an-aircraft^ utilization^ rate V^es greatly thtoUghoutttffffliee^ or logistical 

support considerations (parts availability, repair facility availability) dictate that compliance be 

53 
FAA-IR-M-8040. IB May 28,2008 

done on an attrition 

avoid unnecessaty grounding of aircraft): 

(2> Where compliancQ|iine||Uitiffipj 

time iskmeaaiuwd {h>m tbtelTfMiM^^^^ 

eff^vftdat4^ an4the,ef)t<!i(^y%(^ 

Whi|Bi<s^mRJlla>w<e tipea atfk s] 

niefi|t^^iirpnKth»endofthft.m! 

cornptiiAce time Jir^ithii^Mc^^ 

199fv the deadline for compliance is January if, 1992f 

ippatbfj 

(3) Do not use calendar time just because it ensures that the AD is (H>P4)lied with at a 

certam time. 

(4) Calendar dates (e.g., "before^anuaty 1,1993") should be ust^lp^tpress compliance 

times only when engineering analysis establishes a direct relationship between the date and either the 

compliance "threshold" or the "grace period." In most casM, tfiis relationship does net exist. 

Compliance thresholds are usually a function of utiliz^tiop^ whidi is unrelated tc>«||!|;idar dates. Grace 

periods are a function of the amount of time necessaty after the effective date to accomplish the required 

actions. During the period of time that an AD is developed, effective dates cannot ygi^Kty^ determined 

with any precision, especially at the NPRM stage. Therefore, citing a calendar date is riot usually an 

appropriate method of specifying a graoe period. 

(5) In some cases, however, a direct analytiofU irelationship can bfjiMlblished and it is 

appropriate to use calendar dates. In these cases, the relationship should be expjiinei^^c^y in tfie , 

preamble. The mere fact that a manufacturer's service document or an international civil aviation authority's 

AD references a calendar date does notprovide a justififWtkMi for the use of a oi^ti^dat e in a U.S. AD. 

d. Number of Landings. 

(1) The number of landings may be used t9 express compliance<ii!99Mt|ie problem is 

related to landing cycles such as in landing gear, flaps, or fatigue aggravated by iaii^i|ij|y pr if the problem is 

related to pressurization, such as fatigue cracking. Example: 

Compliance: Required prior fo the aeeaoMlatioa of f 190 ttuvUi^ttta r the 

effectivedateof this AD. » 

(2) For operators that do not keep landing records, use one of the following statements: 

• •. J . 

Subject to acceptance by Av!pi^ii^9lH4^iQPpW/,9peM have 

landing records may determtaett%a«i|llNi- ot^Mll^ap lty<^ ^ of hours 

of time-in-service of each alrpbine by the time of the average flight f^i^the aircraft of that 

type in the operator's fieet OR 

The compliance times of ttils AO are presmlpl hi Uwdiagai^^i^do not keep a 

record of the total number of Jaaitolga* tiMMbf iOii may mal^p^ %|ilill4^ iMimber of ; 

aircraft hours tlme-fai-se«vlce (TIS^ by (whMtevir mnltipUnr Is a|^^^pthite fi>r the 

affected aircraft. 

54 
May 28, 2008 FAA-IR-M-8040.1B 

e. Engine Cycles. 

(1) For ADs affecting turbine engines, the compliance time may be expressed in cycles. The 

use of engine cycles in an AD compliance requirement shall be in accordance with the standard cycle 

definition and cycle counting methodology specified in the approved service document for the applicable 

engine model. For the purposes of an AD, when the cycle definition or counting methodology differs from 

that prescribed in the applicable approved service documents, the cycle definition or the cycle counting 

methodology shall be included in the body of the AD. 

(2) In no case may the engine cycle compliance requirement prescribed in the AD cause or 

allow an approved cyclic retirement life (as specified in the applicable approved service document) to be 

exceeded. 

f Components. 

(1) If compliance times relate to the hours time-in-service of a component, the following 

statement may be used: 

Prior to the accumulation of f 1,000] hours time-in-service on ftorque links, 

P/N 13579], or within flOO] hours time-in-service after the effective date of 

this AD, whichever occurs later... 

(2) When this type of statement is used, a statement such as the following may be used, if 

appropriate, at the end of the AD to provide for components with unknown numbers of hours time-inservice: 

Operators that do not have records of hours of time-in-service on individual 

ftorque links] shall substitute airplane hours time-in-service in lieu thereof. 

g. Inspection and Repair. When a required inspection may result in a required repair or 

replacement, the AD must clearly state the compliance time for both the inspection and the repair or 

replacement. 

(1) Example of an inspection compliance time: 

Within the next f 100] hours time-in-service after the effective date of this AD, 

visualty inspect the finternal structure at Wing Station 12] for fcracks] using 

fdye penetrant and a glass of at least 10 power] in accordance with the procedure 

specified in fparagraph (a) of Vega Service Bulletin No. 25, dated November 29,1988], 

(2) Example of repair or replacement that must be done at the time of inspection: 

If a crack is found, repair fbefore further flight] in accordance with fparagraph 

(b) of Vega Service Bulletin.No. 25, dated November 9,1988], 

(3) Example of repair or replacement that has a compliance time that is different from the 

inspection compliance time: 

If a crack is found, repair fwithin the next 50 hours time-in-service after the 

inspection required by paragrc^h (a} of this AD] in accordance with fparagraph (b) 

of Vega Service Bulletin No, 25, dated November 29,1988], 

55 
FAA-IR-M-8040 May 28,2008 

h. Int n Action. In the event an interim action is required before accomplishment of a repair or 

replacement ( i as the installation of an operating limitations placard), statements such as the following 

may be used: 

W un the next/i0/hours thne-la^servlceaft^ the effective datejoftMi AD, 

in ill a placard... 

W lin the next f500] hours time-ia-senr|oe after ihe effective date of ttis AD, 

m \fyfthe wing panel] in accordance with... 

T! modiflcattoarequired!^paragraphfj^^tifthbADbcoasklere^lfratiaathig 

ac m for the placard reqniremeat of paragraph (iot^.Whea the modUHcatloa is 

iv rporated, the placard may be removed. 

i. Re' itive Compliance Time. 

(1) When an initial inspection is followed by repetitive inspections at periodic intends, 

the following ttement may be used, but it should be included in the instruction itself, not as a separate 

compliance pa igraph: v -.' 

V^ bin the next f25 hours] time-in-service (TlS^after tkt efltetive ^Ml^Ctfals AD, 

U! ess already done withbi the last/75 hours] TIS, and thereafter atiiitervals not to 

exceed/i0O Aours/TIS fh>m the hist lnspectloa« laspect.. 

(2) The phrase "unless already done within the last 75 hours time-in-service" accounts for 

an operator th.. has made an inspection before the effective date of this AD. If the compliance time for the 

initial inspecti' n is the same as that forihe repetitive intervals^ die foltowing statooiBttt'inay be used: 

C mpllance: Required within the next [2S hours] time-hi-service C0jS^ after the effective 

da te of this AD, aad thereafter at latervab aot to«xeecd f25 hoimi^^ltmn 

the last inspection. 

(3) Again, the complexity of the statement will determine whether it is best issued as part 

of the compliance requirement or as part of the inspection insmiction. 

j . Credit for Maintenance Done. 

(1) Whenever possible, allow cie$lit fix maintenance already done^l ^ AD requires a 

one-time inspection, modification, replacement, etc., a statement such as the fidlowii^pBny be used: 

Compliance: Required wltbtat the^mt flOOfhoun time-ln-sen4ce jlll^ the effective 

date of this AD, unless done prcvkmsly. 

(2) Credit for previously done maintenance may also be limited if warranted by the 

circumstances of the unsafe condition, i.e., if a recent inq)ection would sufRce, but not an inspection done one 

year ago. Example: ' 

Compliance: Required within the nest fiO$/bovn time-la'«ervice (I15)4ifter the 

effective date of thb AD, ualess riNanfydeae wttUa the but/i ^ hOinTIS. 

56 
May 28, 2008 FAA-I R-Mr8040.1B 

k. Compliance Before Further Flight and Special Flight Permits. 

(1) When compliance with an AD is required before further flight (or if the compliance 

time is so short that further flight is not practical), and the aircraft may be flown safely to a location where 

the requirements of the AD can be done, include a provision for the issuance of a special flight permit. 

Example: 

...before further fiight, except that a special flight permit may be issued in 

accordance with 14 CFR 21.197 and 14 CFR 21.199 to operate the fairplane] 

to a location where the finspection/repair/modiflcation] may be performed. 

Or it may be issued as a separate designated paragraph: 

Special fiight permits may be issued in accordance with 14 CFR 21.197 and 

14 CFR 21.199 to operate an airplane to a location where the requirements of 

this AD can be done. 

(2) If the product to which an AD applies is not an aircraft (e.g., an engine, propeller, or 

appliance), and the aircraft itself may be operated safely with the product inoperable, a special flight permit 

may be issued with the limitation that the specific product not be operated during the ferty flight. Any 

limitations must be addressed in the AD itself; 14 CFR part 39 only accounts for special flight permits 

without limitations. 

(3) It may be necessaty to specify limitations in the AD to be observed during operations 

conducted under a special flight permit such as: 

...repair before further fiight, except that a special fiight permit may be issued 

in accordance with 14 CFR 21.197 and 14 CFR 21.199 to operate the fairplane] 

to a location in order to comply with the requirements of this AD, if that 

fthe airplane Is flown unpressurlzed]. 

This limitation must be addressed in the AD itself; 14 CFR part 39 only accounts for special flight permits 

without limitations. 

(4) In all cases, however, the "special flight permit" statement in an AD is not intended to 

override the authorify given to the cognizant FAA Principal Inspector under 14 CFR 21.197 to issue flight 

permits. The cognizant Aircraft Certification Office and the Principal Inspector should work together to 

determine in individual situations as to whether restrictions should be put upon the aircraft when applying 

the special flight permit. 

1. Compliance Times that Coincide with Scheduled Maintenance. 

(1) Compliance times should be selected to coincide with scheduled maintenance whenever the 

unsafe condition is not so urgent that a shorter compliance time is necessaty. However, compliance times should 

not be based on indefinite or nonspecific intervals, such as "at the next 'C check." Since 

maintenance schedules vary from operator to operator, there can be no assurance that the action will be 

done within the time frame for safe operation of the aircraft. 

(2) It is permissible to specify compliance times in terms of maintenance intervals in 

conjunction with a specific operating time or calendar time requirement. For example: 

57 
FAA-IR-M-8040.IB May 28,2008 

Compliance: Required at the next shop visit, but no hter than f60 Htg^at^r the effective 

date of this AD. 

(3) When specifying compliance times to coincide with 100-hour inspections for 14 CFR 

part 91 operators, take into account the provisions of 14 CFR 91.409(b), which alfow» tlie 100-hour 

inspection to be exceeded by up to 10 hours while enroute to reach a place where the inspection can be 

done. 

m. Adjustments in Compliance Requirement. To provide flexibility in admbllitiring ADs that 

require repetitive inspections, a statement may be included in the AD to pennitreti^i|ite adjustments in 

the intervals specified to coincide with an operator's established inspection period, liiitial compliance times can 

also be adjusted; however, this should not be permitted where tfiecompliance time ii%flbrt fn either 

event, substantiating data must be submitted to the FAA office specified in the AD. $ee paragraph 126 of 

this Section for the statement to be included'hi ADs to allow foir%uch adjustmen^.^{^^|i|lUlge allowing the 

adjustment of compliance times is not ihcludt^ in the AD, fotiMi exemption proee<liill<pitition for 

exemption) must be followed to gain such relief (see 14 CFR part 11). •' ^ 

124. DESCRIPTION OF PROBLEM. Evety AD sfaoukl contain an objective deft^i^on of the difficulty 

experienced. This description is inserted befotottiestirtemefit describing the oofiNXi^liM^^^ The 

description should be a concise statemMit andHHay b6%a,W^tii<i^ the preamble 46#^^ n of the Unftft 

condition prompting the AD. Example: 

To prevent [the failure of the horizontal stabilizer caused by frayed cables], 

which could result in [redttced controllability of tWiai^plane],aii^oi&pM% 

the following: 

125. CORRECTIVE AND TERMINATING ACIION. E ^ AD shoukl 6<mt<iti a Clear and concise 

statement of corrective measures or limitations requif«kl; including the mdtiM)d d^H!||i0^plishment Evety 

effort should be made to provide corrective tustion diat#ill teilninate die need fojf^jl^tive inspections or 

special operating procedures. The FAA has determined th«t Ibog-tetm contlhtfl^f^^^pitidhal safety will be 

better assured by design changes that remove the source of the problem, rather than byirepetitive 

inspections or other special procedures. ^ 

a. Areas or Parts to be Inspected. Where inspections are required, the area of the aircraft or the specific 

parts to be inspected must be defined and, if a^xrofvia^, the AD must state whefhe^it' {^necessaty 

to disassemble, remove bolts, etc., to aiixompli^the inspection. Example: 

Perform an ultrasonic inspection of tfie MLO side brace lower ann.... 

b. Inspection Methods. The inspection method must be defined, i.e., dye-penetrant, x-ray, etc,, and 

provisions must be made for an FAA^pproV<)d equiVlilent mdlhod, if acceptable, fir ^^tfl c procedures for 

accomplishment of the required action are conMned in a service bulletin or'documetal^ the AD should refer 

to that bulletin or document for those procedures. It is not sufficient to refer to asi^l ^ bulletin alone (i.e., "Do 

the service bulletin."); however, if reqiired pfOceduits are fiih|^y or complex, itii ileepi^le torej^' 

to the portion of the service bulletin wliere die procc^dures eaif^ fbund, rather Iht^iii^i^ g the 

procedures in the text of the AD (i.e., "Accomplish the x-rey inspection to detect cli^lig in Body Station 

XYZ in accordance with the Accomplishment InStruc^onSof the service bulletin.") ' 

c. Replacement Parts. Except in the circumstance)^ where an immediate giroimding is required, the 

availability of replacement parts should be considered and the parts identified by () ^ number. State^v^hich 

parts are acceptable equivalents, if any. 

— -_^_ ^ _ 
May 28, 2008 FAA-IR-M-8040.1B 

d. Other Information. 

(1) If the text of an AD contains a requirement to comply with a service bulletin, the service 

bulletin must be contained in the AD text, attached as an appendix, or incorporated by reference (See Section 

13 of this Manual). 

(2) Notes used in the text of an AD must be limited to information and service bulletin citations 

not required by the AD itself but that may be helpful to the operator in complying with the AD. 

(3) An informational reference to a service bulletin does not constitute a regulatoty 

requirement or an incorporation by reference. 

126. ALTERNATIVE METHODS OF COMPLIANCE. 

a. General. Since more than one method of compliance may be acceptable to correct a particuleir 

difficulty, 14 CFR part 39 provides an alternative method of compliance provision for each AD unless the 

specific AD includes a statement that contradicts this. This is true even though the alternative may not be known 

at the time the AD is issued. Provision of an alternative method is desirable from the operator's point 

of view and eliminates the need for constant revision of ADs when equivalent methods are developed. If the AD 

includes a statement that alternative methods of compliance cannot be approved, then the AD must be revised 

before compliance by any other method can be approved. 

b. Service Bulletins. If a service bulletin has been incorporated by reference into an AD, use of the term 

"or later FAA-approved revision" with reference to the service bulletin violates OFR regulations and is 

not acceptable because it has not been approved as an incorporated document. 

(1) Later revisions of a service bulletin referenced in an AD may be approved as an alternative 

method of compliance using the following procedure: 

(a) The manufacturer must formally request approval of the service bulletin revision as an 

alternative method of compliance and submit it for FAA approval. If the FAA agrees, a formal approval 

letter is sent to the manufacturer. 

(b) The manufacturer may then place the following statement (or an equivalent) in the 

"Approval" section of the service bulletin: 

Revision xxxx to this service bulletin is approved by the [Manager, Engine 

Certification Office, ANE-l40,] by letter dated xxxx xx, xxxx, as an alternative 

method of compliance with AD xx-xx-xx, paragraph xxx." 

(c) Any service bulletin containing this statement is considered an approved alternative 

method of compliance, and requests for approval from individual operators are not required. 

c. Even when a manufacturer's service bulletin is incorporated.by reference, the following 

statement, or an equivalent, concerning alternative methods of compliance should be used in each AD: 

An alternative method of compliance or adjustment of the [initial] compliance time that 

provides an acceptable level of safety may be used if approved by the Manager, [name of 

appropriate ACO], Operators shall submit their requests through an appropriate FAA 

Principal [choose one of the following: Maintenance/Avionics/ Operations] Inspector, who 

may add comments and then send it to the Manager, [name of appropriate ACO], 

59 
FAA-I R-M-8040.1B May 28,2008 

d. When the submitting party is not an operator that has cognizant inspection per$onnel [i.e., no 

Principal Maintenance Inspector (PMI)], the request will be submitted directly to the appropriate ACO. It is 

the responsibility of ACO personnel to cooaxlinaiedw request for such alternative me^likllV'ith the Aircraft 

Evaluation Group (AEG). 

e. The following note should also be included after the paragraph concerning application for an 

alternative method of compliance: 

'. i -

NOTE: Information concerahig the exlsteacc of approved alternative metiiods 

of compliance with this AD, If any, any be obtalaed'ftvm fnanm aifitf^lm^rlate 

ACO], 

This note may assist operators wishing to take advantage of ah alternative method of^mpltance that has 

already been approved by the FAA. An ACO Manager is expected to provide only the identity of any 

organization or person who has received approval for an alternative method. No ACOMmt^er should 

provideany material that may be considetedproprieitaty by the approval holder. i>, H 

f. For proposed ADs that are to be issuedas revisions4V superseduies of,€ixisfya$ADs (see par. 

32-34), questions frequently arise as to the continued valklity of previously apfHiCiyfd idtonative 

methods of compliance. In most cases, previously approved med^ds will continue to tw^i d for revisioits 

(i.e., new ADs that would not impose any additional burden on die operator). Porsupihidfires, the i 

continued validity of previously approved methods must be evaluated on a case-by-case basis. 

(1) For example, if the existmg AD requires a rep^ttive inspecti<m;an<)pcif9tQr obtained approval 

to perform a different type of inspection; and die stqwrsedingAl^would continue to;iliq^K the same < 

inspections until a required terminating modification isxlone, the alternative inspection method may continue 

to be valid until the modification is done; 

(2) On the other hand, if the supeneding AD is issiwd to expand the area reiquired to be 

inspected, the alternative inspection method wsoukt not be valid unless it already oevere<ditbe expanded area. 

(3) In all proposed revision and supersedure ADs, it is helpful to operators,iaid may eliminate 

unnecessaty applications for approvals, to include provision in the alternative metho4 pEtfa^raph that 

explains the status of alternative methods approvedunder the-MlfOing AD. ThefoHicWi)^ are examples of 

this type of provision: n 

Alternative methods Of eompihUicc^ approvetf^^la accordancem^ AB 

XX-XX-XX, are appr6vedlMilfiiriiiflVe4ilMi<fds of cott^lte^ 

this AD. ;- ^« 

Alternative methods of coaipll«Uc«i appnfved In accordance w^^AD 

XX-XX-XX, are approved as aHeraattveiiliSiOds orcoMipUin##lth 

paragraph C**) of this AD. 

Alternative methods df complfatiBce, approve)! la aecordaaee #ttll AD 

XX-XX-XX, are not conshlered to be approved as alternative 

methods of compliance wMttiitt AD; 

•SO" 
May 28, 2008 FAA-1 R-M-8040.1B 

127. AUTHORIZATION TO PERFORM WORK REQUIRED BY ADs. 

a. The persons authorized to perform the work required in an AD should not be prescribed by the AD 

as long as the actions are to be accomplished by persons prescribed in 14 CFR 43.3. However, when 

compliance is allowed by persons other than those prescribed in that section, a statement such as the 

following must be included to ensure a maintenance record entry is made: 

The actions required by paragraph (**) of this AD may be performed by 

the owner/operator 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 and 14 CFR 91.417(aK2)(v). 

b. ADs should not authorize the pilot to conduct other than routine checks and specify that, if a 

defect is found, any further action must be taken only by an authorized person. Pilots should not be 

authorized to do any task that requires the expertise of a mechanic, such as the use of uncommon tools, test 

instruments or technical procedures that require training. In addition, if a required check requires 

maintenance knowledge to interpret what is observed, that check becomes maintenance and must be performed 

by a person certificated to perform such maintenance. If there are any questions concerning this policy, contact 

General Aviation and Commercial Branch, AFS-340. 

128. REPORTING REQUIREMENTS. 

a. For those ADs for which it is necessaty to know the results of an inspection in order to 

determine whether additional action by the FAA is required, include a statement requiring that the results of 

the findings be reported to the controlling FAA office. In some instances, collection of inspection result 

data may be the only means by which the FAA can effect quality control on a manufacturer or repair 

station. When an unsafe condition addressed by an AD appears to be attributable to a manufacturer's qualify 

control (QC) problem, a reporting requirement is instrumental in ensuring that the FAA is able to gather as 

much information as possible as to the nature and extent of the QC problem. This information may not be 

available through other established means. In such a case, reporting is essential to ensure that the proper 

corrective action is implemented. 

b. Approval of this information collection reporting procedure has been obtained from the Office 

of Management and Budget as required by the Paperwork Reduction Act of 1980 (44 USC 3501 et sgaO- The 

reporting requirements should be specific as to the information required and must include the address 

to which information is to be sent. Example: 

Report defects found to the Manager [appropriate Aircraft Certification Office 

and address] within [10] days of the inspection, or within [10] days after the 

effective date of this AD, whichever occurs later. Reporting requirements have 

been approved by the Offlce of Management and Budget and assigned OMB 

control number 2120-0056. 

c. For reporting requirements in ADs that contain repetitive inspection requirements or other 

continuing requirements, the reporting requirement should be limited to the initial inspection findings unless 

later reports are determined to be necessaty. If later reports are necessaty and required in the AD, once the 

ACO has accumulated sufficient information, the ACO should propose a revision to the AD to delete the 

paragraph containing the reporting requirements. 

61 
FAA-IR-M-8040.1B May 28, 2008 

129. REFERENCED MATERIAL. If a service document is referenced in the instnic^fiiof tin AD, the 

OFR must approve the document for such reference. Section 13 of this Manual explains the approval 

process ^ d the pertinent text that must be included in the AD relevant to this subject ^^ 

130. EFFECTIVE DATE. £ 

a. General. The date on which an AD will become effective can be established before the AD is 

submitted for publication. --

(1) However, if a specific calendar date cannot be chosen because of int«$r«iiag time lags 

(such as waiting for approval for incorporation documents), a miittiddt>f calculating the eSbetive date 

should be chosen. In these cases, the following statement may be typed (in brackets) into the space left for the 

effective date. ^ 

[Insert date 30 days after date of pablkatiiM hi the f ff1f|lllilHill|iltf 1 

'fti^ ^ • • • 

(2) Do not use statements such as "This ameadmeariieeomes effectiyi^lppfp pabllcatioa ia 

theFiidaraiitegfater" or "ThbameaduieatbCeoniesdliic^o 19da^after jWibtttJiJIaiathala^jiai 

Rgyfat^r." because unless someone is reading a copy of the Fedieial Register, there wt^Wtto no way to 

calculate the date. 

(3) Note that an AD may be made effective upon publication, but the correct way to do so is to 

enter the following bracketed statement in the space for the effective date: >•-'' 

[Insert date of pubHcathm la die lBA6tfJtalflallC>] 

b. Choosing a Date. The issuing office must choose a proposed effective 4tate<c«inethod of i 

calculation) before the document is subn^itted for publication. The proposed date nuQriiiidnge if intervening 

facton delay the publication of the document but evety effort sfeCRdd be made to ch^isela^iable date. Ilie 

following fectors should be considered When choosii^ an effective date: ' • 

(1) By what means will the AD be sent to the distribution point (mail or fax) and how long will 

it take to get there? 

(2) Is there an incorporation by reference that will require approval fay theOI^? 

(3) Is there sufficient time between the proposed publication and effective dates to allow for 

printing and distribution to owners and operators. Including thosd in remote areas, thftsil^ AIR-140? 

(4) Are there holidays or a weekend involved that will affect die pirijIicaKto of the document 

and its distribution by mail? . r ^ 

(5) Does the effective date allow time for obtaining copies of referenced documents? Will the 

parts be available? 

(6) Does the effective date allow sufficient time for operators to schedule ^eir aircraft for 

maintenance without disrupting flight schedules? 

(7) Does the effective date statement give credit for work that may have already been 

performed under an Emergency AD? 

62 
May 28, 2008 FAA-1R-M-8040.1B 

c. Notice to the public. 

(1) Section 553(d) of the APA requires that rules be made effective no fewer than 30 days after 

publication in the Federal Register. If less than 30 days notice is given, the requirements of Section 553(d) 

must be met by making the appropriate findings and statements. See Section 1 of this Manual for a detailed 

explanation of this APA requirement. 

(2) Remember that a document will not normally be published until three business days 

AFTER it reaches the OFR and is found to be acceptable. For example, if an effective date of April 1 is set, and 

the document reaches the OFR on March 1, 30 days notice will not have been given by the time it publishes on 

March 4. Provide extra time to account for mailing, possible late delivety, arrival at the OFR 

after 3 p.m., weekends, holidays, the three-day processing time, five days for congressional review, and any 

extra time necessaty for the IBR approval process. 

d. Placement in Final Rules. The effective date should be placed as the last designated paragraph of 

text in an AD before the issuing statement. Examples: 

(x) This amendment becomes effective on [date], 

(x) This amendment becomes effective on [date] to all persons except those to 

whom it was made immedlatefy effective by Emergency AD/inse/t/4/7 number] 

issued [date], which contained the requirements of this amendment. 

The second example, above, can only be used when there has been no change to the document between its 

issuance as an Emergency AD and final publication. If changes have been made and this statement is used, then 

the recipients of the Emergency AD are legally released firom compliance with the final rule, including 

any additional or changed provisions. 

e. Placement in Emergency ADs. ADs issued as Emergency ADs are made effective upon receipt. 

131. SIGNATURE BLOCK. The last item on the last page of the AD is the signature block. It consists 

of two parts, both of which must be complete before the document has been legally issued: 

a. Issuing statement. Insert the city and state where the signing official is located and the date the 

document was issued: 

Issued in [city/state], on [date], 

b. Signature of Issuing Official. Airworthiness Directives must be signed by the Directorate 

Manager or acting Directorate Manager of the issuing office. No one may sign an AD "for" the Directorate 

manager. The OFR requires that the typed name and title of the signer appear below the signature. Signers 

should use blue or other non-black ink to eliminate the possibility that the original document would be 

confused with photocopies. 

132. - 139. RFSFWVED. 

63 
e 

WJS 

Richmond Flight Standards District Office 

U.S. Department 5707 Huntsman Road, Suite 100 

of Transportation Richmond Int'l Airport, VA 23250-2415 

Federal Aviation 

Administration 

March 9, 2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

FILE NUMBER: 2010EA210014 

Mr. Billy Armfield 

Carolina Blue Air LLC 

300 N. Greene Street, Ste. 2190 

Greensboro, NC 27401 

Dear Mr. Armfield: 

On February 23rd and 25*, 2010, Carolina Blue Air LLC operated, or caused to operate, 

N450CP, a Dassault Falcon Aircraft, Model F20-F5, Serial Number 289 in possible 

violation of the Federal Regulations. On March 1,2010 while performing routine 

surveillance at Million Air Richmond, I requested to look at the aircraft records for 

N450CP, which was having maintenance performed at this location. After reviewing the 

Airworthiness Directive 1998-13-15 due date from previous logbook entries to the time it 

was next due was February 20,2010. It appears that this AD was overflown by six days 

and the aircraft was not inducted into maintenance until February 26, 2010. The above 

actions may be contrary to the Federal Aviation Regulations. 

This is to inform you that the FAA is investigating this matter. We wish to offer you an 

opportunity to discuss these findings in person or submit a written statement within 10 

days following the receipt of this letter. Your statement should contain all pertinent facts 

and any mitigating circumstances you believe may have a bearing on this investigation. 

If we do not hear from you within the specified time, we will process this matter without 

the benefit of your statement. 

Sincerely, 

Original Signed By 

James E. Rhoads 

Aviation Safety Inspector 

OFFICIAL FILE COPY 

G:\Documents\EIR\2010\2010EA210014 JER N450CP\LOI newone.doc 
SPOTSWOO D CAPITAL , liiiC 

March 22, 2010 

Mr. James E. Rhoads 

Richmond Flight Standards District Office 

5707 Huntsman Road, Suite 100 

Richmond International Airport, VA 23250-2415 

Dear Mr. Rhoads, 

This letter is in response to your letter of March 9, 2010, regarding file number 

2010EA210014. In your letter, you stated the Airworthiness Directive 1998-13-15 might 

have been overflown by six days. 

The text of the airworthiness directive mandates the repetitive inspections of the wing-tofuselage fairings screw tightness is at six-month or three hundred flight hours, whichever 

occurs first. I rely on Million Air Richmond to maintain the aircraft records and its 

associated maintenance scheduling, as well as the performance of certain maintenance 

functions. I am advised by them that in lieu of specific language in the text of the 

airworthiness to the effect of one himdred and eighty days or six consecutive months that 

the intention of the recurrent inspection period Was expressed in calendar months. This 

would be consistent with every other calendar inspection period on the aircraft that is due 

in "months". Given that understanding, the inspection was accomplished and recorded 

within the prescribed interval. 

Thank you for the opportunity to respond and participate m your investigation. I hope 

this will help resolve this matter. 

Sincerely, 

William J. Armfie 

Maiiaging Partner 

Carolina Blue Air, thC 

PHONE: 

3 0 0 NORTH GREENE STREET. SUITE 219 0 

336.378.970 0 • FAX: 336.378.006 7 

GREENSBORO. NO 27401 

E-MAIL: wjaiv@spotswood-llc.com 

^^R 2 s ztm