[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Proposed Rules]
[Pages 75883-75887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30948]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-28-AD]
RIN 2120-AA64


Airworthiness Directives; Fairchild Aircraft, Inc. Models SA226 
and SA227 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of 
the comment period.

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SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD) that would apply to certain Fairchild 
Aircraft SA226 and SA227 series airplanes. The earlier NPRM would have 
required you to replace the brake shuttle valves with parts of improved 
design and install a shield over the hydraulic lines. The earlier NPRM 
resulted from a report of a wheel brake system malfunction caused by a 
faulty brake shuttle valve on an affected airplane. Evaluation of the 
public comments on the NPRM reveals the need to also include airplanes 
that have an anti-skid system in the Applicability of the proposed AD. 
In addition, we are proposing a requirement of replacing the rubber 
fuel hose with a metal device for the SA226 series airplanes. Since 
these actions impose an additional burden over that proposed in the 
NPRM, we are reopening the comment period to allow the public the 
chance to comment on these additional actions.

DATES: The Federal Aviation Administration (FAA) must receive comments 
on or before January 11, 2001.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 2000-CE-28-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Comments may be 
inspected at this location between 8 a.m. and 4 p.m., Monday through 
Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from Fairchild Aircraft, Inc., P.O. Box 790490, San Antonio, Texas 
78279-0490; telephone: (210) 824-9421; facsimile: (210) 820-8609. This 
information also may be examined at the Rules Docket at the address 
above.

FOR FURTHER INFORMATION CONTACT: Werner Koch, Aerospace Engineer, FAA, 
Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth, 
Texas 76193-0150; telephone: (817) 222-5133; facsimile: (817) 222-5960.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on the Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments in triplicate 
to the address specified under the caption ADDRESSES. The FAA will 
consider all comments received on or before the closing date. We may 
amend the proposed rule in light of comments received. Factual 
information that supports your ideas and suggestions is extremely 
helpful in evaluating the effectiveness of the proposed AD action and 
determining whether we need to take additional rulemaking action.

Are There Any Specific Portions of the Proposed AD I Should Pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might suggest a need to modify the rule. You may examine all comments 
we receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of the 
proposed AD.
    We are re-examining the writing style we currently use in 
regulatory

[[Page 75884]]

documents, in response to the Presidential memorandum of June 1, 1998. 
That memorandum requires federal agencies to communicate more clearly 
with the public. We are interested in your comments on whether the 
style of this document is clearer, and any other suggestions you might 
have to improve the clarity of FAA communications that affect you. You 
can get more information about the Presidential memorandum and the 
plain language initiative at http://www.plainlanguage.gov.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2000-CE-28-AD.'' We will date stamp and mail 
the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The FAA received a report of an accident involving a Fairchild 
Model SA226-TC airplane where the flight crew lost control of the 
airplane at low altitude during the final approach for landing. Prior 
to the accident, the flight crew reported a loss of hydraulic pressure 
and a fire on the left side of the airplane.
    Investigation of this accident indicates the following:

--The flight crew applied right rudder power during the takeoff roll to 
compensate for a dragging and overheated left wheel brake and then 
raised the landing gear into the wheel wells;
--The overheated left wheel brake ignited the tires and the hydraulic 
fluid; and
--The resultant fire burned the rubber fuel crossover hose and resulted 
in fuel leakage with a consequent fuel fire.

    The accident investigation shows that the brake shuttle valve may 
have caused the left wheel brake to drag and overheat.

What Are the Consequences if the Condition Is Not Corrected?

    Original design brake shuttle valves, if not replaced with improved 
design valves, could cause the wheel brakes to drag and overheat. This 
could result in hydraulic or fuel line damage if the overheated brake 
assembly is retracted into the main wheel wells. A consequent fire 
could occur if the hydraulic or fuel lines ruptured.

Has FAA Taken Any Action to This Point?

    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 Fairchild Aircraft SA226 and SA227 series airplanes. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on August 3, 2000 (65 FR 47701). The NPRM proposed to 
replace each brake shuttle valve with a part number (P/N) MS28767-4 
brake shuttle valve and install a shield over the hydraulic lines.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. The following presents the comments received on the 
proposal and FAA's response to each comment:

Comment Issue No. 1: Make the AD Apply to Airplanes Equipped With 
Anti-Skid Systems

What Is the Commenter's Concern?

    One commenter recommends that the proposed AD apply to certain 
SA226 and SA227 series airplane regardless of whether they are equipped 
with anti-skid systems. The NPRM proposed to exempt those airplanes 
with an anti-skid system installed. The commenter states that the 
related service bulletins recommend the installation of Kevlar blankets 
around the hydraulic lines for all airplanes so airplanes with anti-
skid systems should be included in order to protect the hydraulic 
lines.

What Is FAA's Response to the Concern?

    After re-evaluating all information related to this issue, we 
concur that the AD action should also apply to airplanes equipped with 
anti-skid systems.
    We are incorporating this change into the proposed rule.

Comment Issue No. 2: Remove all Reference to ``Parking Brake 
Shuttle Valves'' From the AD

What Is the Commenter's Concern?

    One commenter requests that FAA remove all reference to ``parking 
brake shuttle valves'' from the proposed AD because SA226 and SA227 
series airplanes do not have such equipment.

What Is FAA's Response to the Concern?

    The FAA concurs. The correct terminology is ``brake shuttle 
valves.''
    We are incorporating this change into the proposed rule.

Other Information Since Issuance of the NPRM

Is There Additional Information Available on This Subject?

    Fairchild Aircraft Service Bulletin No. 226-26-003 specifies 
replacing the rubber fuel hose with a metal device. When we issued the 
NPRM, parts were not available for this replacement. Since that time, 
Fairchild has stocked enough parts for this replacement.
    We will now address the fuel hose replacement in the proposed AD.

The FAA's Determination

What Has FAA Decided?

    After careful review of all available information related to the 
subject presented above, we have determined that:

--The AD action should also affect airplanes equipped with anti-skid 
systems;
--The requirement of replacing the rubber fuel hose with a metal device 
for the SA226 series airplanes should be added to the proposed AD; and
--AD action should be taken to correct potential brake shuttle valve 
problems, which could cause the brake assembly to drag and overheat. 
Hydraulic or fuel line damage could then occur if the overheated brake 
assembly is retracted into the main wheel well, with a consequent fire 
if the hydraulic or fuel lines ruptured.

The Supplemental NPRM

How Will the Changes to the NPRM Impact the Public?

    Proposing that the NPRM apply to airplanes equipped with anti-skid 
systems and proposing to require replacement of the rubber fuel hose 
with a metal device on SA226 series airplanes present actions that go 
beyond the scope of what was already proposed. Therefore, we are 
issuing a supplemental NPRM and reopening the comment period to allow 
the public additional time to comment on the proposed AD.

What Are the Provisions of the Supplemental NPRM?

    The proposed AD would require you to:

--Replace the brake shuttle valves with parts of improved design 
(except on airplanes with an anti-skid/power brake system);
--Install a shield over the hydraulic lines; and

[[Page 75885]]

--Replace the rubber fuel hose with a metal device on the SA226 series 
airplanes.

What Document Should I Use To Accomplish These Actions?

    Accomplishment of the proposed actions would be in accordance with 
the following, as applicable:

------------------------------------------------------------------------
        Affected pages          Revision level             Date
------------------------------------------------------------------------
--Fairchild Aircraft Service Bulletin No. 226-26-003, which incorporates
                           the following pages
------------------------------------------------------------------------
1, 2, 4, 6, 8, 9, 10, 11, and  Original Issue..  March 1, 2000.
 14.
3, 5, 12, and 13.............  Revision 1......  June 27, 2000.
7 and 15.....................  Revision 2......  October 2, 2000.
------------------------------------------------------------------------
--Fairchild Aircraft Service Bulletin No. 227-26-002, which incorporates
                           the following pages
------------------------------------------------------------------------
1, 2, 8, and 9...............  Original Issue..  March 1, 2000.
7............................  Revision 1......  June 27, 2000.
3, 4, 5, and 6...............  Revision 2......  October 2, 2000.
------------------------------------------------------------------------

Cost Impact

How Many Airplanes Would the Proposed AD Impact?

    The FAA estimates that 2,344 airplanes in the U.S. registry would 
be affected by the proposed AD.

What Would Be the Cost Impact of the Proposed AD on Owners/Operators of 
the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
installations and replacement.

----------------------------------------------------------------------------------------------------------------
               Labor cost                          Parts cost                   Total cost per airplane
----------------------------------------------------------------------------------------------------------------
                                           For SA226 Series Airplanes
----------------------------------------------------------------------------------------------------------------
65 workhours  x  $60 per hour = $3,900..  $3,431 per airplane........  $7,331 per airplane.
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                                           For SA227 Series Airplanes
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55 workhours  x  $60 per hour = $3,300..  $1,369 per airplane........  $4,669 per airplane.
----------------------------------------------------------------------------------------------------------------

Compliance Time of the Proposed AD

What Is the Compliance Time of the Proposed AD?

    The compliance time of this proposed AD is at whichever of the 
following that occurs later:

--Within 500 hours time-in-service (TIS) after the effective date of 
this proposed AD; or
--Within 6 months after the effective date of this proposed AD.

Why Is the Compliance Time of the Proposed AD Presented in Both Hours 
TIS and Calendar Time?

    The affected airplanes are used in both general aviation and 
commuter operations. Those commuter operators may accumulate 500 hours 
TIS on the airplane in less than 2 months and many owners have numerous 
affected airplanes in their fleets. We have determined that the dual 
compliance time:

--Gives all owners/operators of the affected airplanes adequate time to 
schedule and accomplish the actions in this proposed AD; and
--Assures that the unsafe condition referenced in this AD will be 
corrected within a reasonable time period without inadvertently 
grounding any of the affected airplanes.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein would 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 proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    The FAA has determined that the proposed 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) if adopted, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act. We have placed a 
copy of the draft regulatory evaluation prepared for this action in the 
Rules Docket. You may obtain a copy of it at 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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.

[[Page 75886]]

Sec. 39.13  [Amended]

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

Fairchild Aircraft, Inc.: Docket No. 2000-CE-28-AD

    (a) What airplanes are affected by this AD? The following 
airplane models and serial numbers that are certificated in any 
category;

------------------------------------------------------------------------
                 Model                             Serial Nos.
------------------------------------------------------------------------
SA226-T................................  T201 through T248
SA226-T(A).............................  T(A)249 through T(A)-291
SA226-T(B).............................  T(B) 276 and T(B) 292 through
                                          T(B) 417
SA226-AT...............................  AT001 through AT074
SA226-TC...............................  TC201 through TC419
SA227-TT...............................  TT421 through TT555
SA227-TT(300)..........................  TT447, TT465, TT471, TT483,
                                          TT512, TT518, TT521, TT527,
                                          TT529, and 536
SA227-AT...............................  AT421, AT423 through AT631, and
                                          AT695
SA227-AC...............................  AC406, AC415, AC416, and AC420
                                          through AC599
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD. The AD applies 
to any airplane with or without an anti-skid/power brake system 
installed.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to correct potential brake shuttle valve 
problems, which could cause the brake assembly to drag and overheat. 
Hydraulic or fuel line damage could then occur if the overheated 
brake assembly is retracted into the main wheel well, with a 
consequent fire if the hydraulic or fuel lines ruptured.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For all affected          Within 500 hours      In accordance with
 airplanes except those        time-in-service       the ACCOMPLISHMENT
 equipped with an anti-skid/   (TIS) after the       INSTRUCTIONS
 power brake system, replace   effective date of     section of
 each brake shuttle valve      this AD or within 6   Fairchild Aircraft
 with part number (P/N)        months after the      Service Bulletin
 MS28767-4 brake shuttle       effective date of     No. 226-26-003, or
 valve (or FAA-approved        this AD, whichever    Fairchild Aircraft
 equivalent part number).      occurs later.         Service Bulletin
                                                     No. 227-26-002, as
                                                     applicable.
(2) For all affected          Within 500 hours      In accordance with
 airplanes, install a shield   time-in-service       the ACCOMPLISHMENT
 over the hydraulic lines.     (TIS) after the       INSTRUCTIONS
                               effective date of     section of
                               this AD or within 6   Fairchild Aircraft
                               months after the      Service Bulletin
                               effective date of     No. 226-26-003, or
                               this AD, whichever    Fairchild Aircraft
                               occurs later.         Service Bulletin
                                                     No. 227-26-002, as
                                                     applicable.
(3) For all airplane models   Within 500 hours      In accordance with
 within the SA226 series,      time-in-service       the ACCOMPLISHMENT
 replace the rubber fuel       (TIS) after the       INSTRUCTIONS
 hose with a metal device.     effective date of     section of
                               this AD or within 6   Fairchild Aircraft
                               months after the      Service Bulletin
                               effective date of     No. 226-26-003.
                               this AD, whichever
                               occurs later.
(4) Do not install any brake  As of the effective   Not Applicable.
 shuttle valve that is not a   date of this AD.
 P/N MS28767-4 brake shuttle
 valve (or FAA-approved
 equivalent part number) or
 a fuel hose that is made
 out of rubber.
------------------------------------------------------------------------

    (e) Can I utilize different revisions to the affected service 
bulletins? The service bulletins required to accomplish this action 
incorporate the following pages:

------------------------------------------------------------------------
        Affected pages          Revision level             Date
------------------------------------------------------------------------
         (1) Fairchild Aircraft Service Bulletin No. 226-26-003
------------------------------------------------------------------------
1, 2, 4, 6, 8, 9, 10, 11, and  Original Issue..  March 1, 2000.
 14.
3, 5, 12, and 13.............  Revision 1......  June 27, 2000.
7 and 15.....................  Revision 2......  October 2, 2000.
------------------------------------------------------------------------
         (2) Fairchild Aircraft Service Bulletin No. 227-26-002
------------------------------------------------------------------------
1, 2, 8, and 9...............  Original Issue..  March 1, 2000.
7............................  Revision 1......  June 27, 2000.
3, 4, 5, and 6...............  Revision 2......  October 2, 2000.
------------------------------------------------------------------------

    (f) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Fort Worth Airplane Certification Office, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (f)

[[Page 75887]]

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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.

    (g) Where can I get information about any already-approved 
alternative methods of compliance? Contact the Fort Worth Airplane 
Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 
76193-0150; telephone: (817) 222-5133; facsimile: (817) 222-5960.
    (h) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate your airplane to a location where you 
can accomplish the requirements of this AD.
    (i) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
Fairchild Aircraft, Inc., P.O. Box 790490, San Antonio, Texas 78279-
0490. You may examine these documents at FAA, Central Region, Office 
of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106.

    Issued in Kansas City, Missouri, on November 28, 2000.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-30948 Filed 12-4-00; 8:45 am]
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