[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12066-12068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4523]



[[Page 12066]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25739; Directorate Identifier 2006-CE-46-AD; 
Amendment 39-14988; AD 2007-06-07]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Models 58 and 
G58 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Raytheon Aircraft Company (RAC) Models 58 and G58 airplanes with 
optional propeller unfeathering accumulators installed. This AD 
requires you to inspect the left propeller accumulator oil tube 
assembly for any chafing; replace the propeller accumulator oil tube 
assembly if any chafing is found; and reposition and secure with clamps 
both the left engine manifold pressure hose and its metal 
identification tags to avoid contact with other tubes, hoses, 
electrical wires, parts, components, and structure. This AD results 
from several reports on the affected airplanes of chafing damage on the 
left propeller accumulator oil tube assembly. We are issuing this AD to 
detect, correct, and prevent any chafing damage of the left propeller 
accumulator oil tube assembly, which could result in loss of engine 
oil. Loss of engine oil may lead to fire or smoke in the engine 
compartment, inability to unfeather the propeller, engine damage, or 
loss of engine power.

DATES: This AD becomes effective on April 19, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 19, 
2007.

ADDRESSES: To get the service information identified in this AD, 
contact Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 
67201-0085; telephone: (800) 429-5372 or (316) 676-3140.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-25739; Directorate 
Identifier 2006-CE-46-AD.

FOR FURTHER INFORMATION CONTACT: Jeff Pretz, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room 
100, Wichita, Kansas 67209; telephone: (316) 946-4153; fax: (316) 946-
4407.

SUPPLEMENTARY INFORMATION:

Discussion

    On October 10, 2006, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to certain RAC Models 58 and G58 airplanes with optional 
propeller unfeathering accumulators installed. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on October 17, 2006 (71 FR 60924). The NPRM proposed to require 
you to inspect the left propeller accumulator oil tube assembly for any 
chafing; replace the propeller accumulator oil tube assembly if any 
chafing is found; and reposition and secure with clamps both the left 
engine manifold pressure hose and its metal identification tags to 
avoid contact with other tubes, hoses, electrical wires, parts, 
components, and structure.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue: Service Information and Derived ADs

    The Modification and Replacement of Parts Association (MARPA) 
states that frequently ADs are derived from service information 
originating with the type certificate holder or its suppliers. MARPA 
also states that manufacturer's service documents are privately 
authored instruments generally enjoying copyright protection against 
duplication and distribution. MARPA contends that when a service 
document is incorporated by reference under 5 U.S.C. 552(a) and 1 CFR 
part 51 into a public document such as an AD, it loses its private, 
protected status and becomes itself a public document. MARPA explains 
that if a service document is used as a mandatory element of compliance 
it should not simply be referenced, but should be incorporated into the 
regulatory document. MARPA states that public laws by definition must 
be public, which means they cannot rely for compliance upon private 
writings, especially when the writings originate in a foreign country. 
MARPA adds that the interpretation of a document is not a question of 
fact, but of law, bound by the figurative four corners of the document; 
therefore, unless the service document is incorporated by reference, a 
court of law will not consider it when interpreting the AD. MARPA is 
concerned that failure to incorporate-by-reference the relevant service 
information could result in a court decision invalidating the AD.
    MARPA advises that it was informed that service documents are 
usually not incorporated into NPRMs, but only into final actions. MARPA 
notes that there is no indication in the NPRM that the FAA intends to 
incorporate by reference the necessary service information; in 
addition, there is no indication of which service documents are 
mandatory and which are merely sources of additional service 
information; therefore, the reader is unsure of the FAA's intent. MARPA 
asks that future proposed actions indicate the FAA intent by including 
the following, or a similar statement: ``We intend to incorporate by 
reference the following publications.''
    MARPA also states that incorporation by reference service documents 
should be made available to the public by publication in the Docket 
Management System (DMS) keyed to the action that incorporates them. 
MARPA adds that, under the aforementioned authorities, incorporation by 
reference is a technique used to reduce the size of the Federal 
Register when the information is already available to the affected 
individuals. MARPA notes that, traditionally, ``affected individuals'' 
has meant aircraft owners and operators who are generally provided 
service information by the manufacturer. MARPA states that a new class 
of affected individuals has emerged since the majority of aircraft 
maintenance is now performed by specialty shops instead of aircraft 
owners and operators.
    MARPA adds that this new class includes maintenance and repair 
organizations (MRO), component servicing and repair shops, parts 
purveyors and distributors and organizations manufacturing or servicing 
alternatively certified parts under section 21.303 (``Replacement and 
modification parts'') of the Federal Aviation Regulations (14 CFR 
21.303). Further, MARPA notes that the concept of brevity is now nearly 
archaic as documents exist more frequently in electronic format than on 
paper. Therefore, MARPA asks that the service documents deemed 
essential to the accomplishment of the NPRM be incorporated by 
reference into the regulatory instrument, and published in DMS prior to 
release of the AD.
    We understand MARPA's comment concerning incorporation by 
reference.

[[Page 12067]]

The Office of the Federal Register (OFR) requires that documents that 
are necessary to accomplish the requirements of the AD be incorporated 
by reference during the final rule phase of rulemaking. This final rule 
incorporates by reference the documents necessary for the 
accomplishment of the requirements mandated by this AD. Further, we 
point out that while documents that are incorporated by reference do 
become public information, they do not lose their copyright protection. 
For that reason, we advise the public to contact the manufacturer to 
obtain copies of the referenced service information.
    The FAA does not concur with the commenter's request to indicate in 
an NPRM our intent to incorporate service information by reference. 
When we propose that actions be accomplished in accordance with certain 
service information in an NPRM, the public may assume we intend to IBR 
that service information, as requested by the Office of the Federal 
Register. Service information that is cited in the proposed AD as a 
source of additional information is not presented as a requirement, and 
the public may assume we do not intend to IBR that service information. 
No change to this final rule is necessary in regard to the commenter's 
request.
    In regard to MARPA's request to post service bulletins on the 
Department of Transportation's DMS, we are currently in the process of 
reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the final rule is necessary in response to this comment.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 49 airplanes in the U.S. registry.
    We estimate the following costs to do the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80.............................              $5              $85           $4,165
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of airplanes that may need this 
replacement:

------------------------------------------------------------------------
                                                          Total cost per
              Labor cost                   Parts cost        airplane
------------------------------------------------------------------------
1 work-hour x $80 per hour = $80......             $39             $119
------------------------------------------------------------------------

    RAC will provide warranty credit as specified in RAC Mandatory 
Service Bulletin No. SB 61-3806, issued: August 2006.

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 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 AD.

Regulatory Findings

    We have 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); 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.
    We prepared a summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2006-25739; Directorate Identifier 2006-CE-46-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under 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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2007-06-07 Raytheon Aircraft Company: Amendment 39-14988; Docket No. 
FAA-2006-25739; Directorate Identifier 2006-CE-46-AD.

[[Page 12068]]

Effective Date

    (a) This AD becomes effective on April 19, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models 58 and G58 airplanes, serial 
numbers TH-2097 through TH-2150, with optional propeller 
unfeathering accumulators installed, that are certificated in any 
category.

Unsafe Condition

    (d) This AD results from several reports on the affected 
airplanes of chafing damage on the left propeller accumulator oil 
tube assembly. This includes an in-flight oil leak from the left 
engine on a Raytheon Aircraft Company Model G58 airplane. We are 
issuing this AD to detect, correct, and prevent any chafing damage 
of the left propeller accumulator oil tube assembly, which could 
result in loss of engine oil. Loss of engine oil may lead to fire or 
smoke in the engine compartment, inability to unfeather the 
propeller, engine damage, or loss of engine power.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the left          For airplanes that    Follow Raytheon
 propeller accumulator oil     have not had a 100-   Aircraft Company
 tube assembly for chafing.    hour time-in-         Mandatory Service
                               service (TIS)         Bulletin No. SB 61-
                               inspection or the     3806, issued:
                               inspection            August 2006.
                               following Raytheon
                               Safety
                               Communiqu[eacute]
                               No. 271, dated May
                               2006: Within the
                               next 25 hours TIS
                               after April 19,
                               2007 (the effective
                               date of this AD).
                               For airplanes that
                               have had a 100-hour
                               TIS inspection or
                               the inspection
                               following Raytheon
                               Safety
                               Communiqu[eacute]
                               No. 271, dated May
                               2006: Within the
                               next 50 hours TIS
                               after April 19,
                               2007 (the effective
                               date of this AD).
(2) If any chafing is found   Before further        Follow Raytheon
 in the inspection required    flight after the      Aircraft Company
 by paragraph (e)(1) of this   inspection required   Mandatory Service
 AD, replace the propeller     by paragraph (e)(1)   Bulletin No. SB 61-
 accumulator oil tube          of this AD.           3806, issued:
 assembly.                                           August 2006.
(3) Reposition and secure     Before further        Follow Raytheon
 with clamps the left          flight after the      Aircraft Company
 manifold pressure hose and    inspection or         Mandatory Service
 its metal identification      replacement           Bulletin No. SB 61-
 tags to ensure clearance      required in           3806, issued:
 between it and all tubes,     paragraphs (e)(1)     August 2006.
 hoses, electrical wires,      and (e)(2) of this
 parts, components, and        AD.
 structure.
------------------------------------------------------------------------

Material Incorporated by Reference

    (f) You must use Raytheon Aircraft Company Mandatory Service 
Bulletin No. SB 61-3806, issued: August 2006, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-
0085; telephone: (800) 429-5372 or (316) 676-3140.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on March 7, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-4523 Filed 3-14-07; 8:45 am]
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