[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Rules and Regulations]
[Pages 53912-53914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17889]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21239; Directorate Identifier 2005-CE-27-AD; 
Amendment 39-14263; AD 2005-18-22]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Model 390 
Premier 1 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Raytheon Aircraft Company (Raytheon) Premier 1 390 airplanes. This AD 
requires you to verify minimum clearances to correct chafing conditions 
in the powerplant left-hand and right-hand engine installations. This 
AD results from reports of inadequate left-hand and right-hand engine 
assembly cable, wire, and hose routing clearance. We are issuing this 
AD to detect and correct chafing conditions in the engine installation, 
which could result in leaking flammable fluids near an ignition source. 
This failure could lead to fire damage or loss of airplane control.

DATES: This AD becomes effective on November 14, 2005.
    As of November 14, 2005, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Raytheon Aircraft Company, P.O. Box 85, 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-2005-21239; Directorate 
Identifier 2005-CE-27-AD.

FOR FURTHER INFORMATION CONTACT: James P. Galstad, Aerospace Engineer, 
FAA, Wichita ACO, 1801 Airport Road, Wichita, Kansas 67209; telephone: 
(316) 946-4135; facsimile: (316) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The FAA has received reports of 
chafing conditions in the powerplant left-hand and right-hand engine 
assembly cable, wire, and hose routing clearance. The incidents of 
chafing have been reported on airplane serial numbers: RB-20, RB-50, 
RB-61, and RB-101.
    Investigation revealed that the areas of concern include control 
cables, wiring harnesses, fluid and drain hoses, and support structure. 
Further, FAA determined that the cause of the unsafe condition relates 
to the design and quality control.
    Raytheon developed kits and service information to correct the 
chafing conditions.
    What is the potential impact if FAA took no action? The existence 
of chafing

[[Page 53913]]

conditions in the engine installation could result in leaking flammable 
fluids near an ignition source. This failure could lead to fire damage 
or loss of airplane control.
    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 Raytheon Aircraft Company 
Model 390 Premier airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on June 1, 2005 (70 
FR 31393). The NPRM proposed to require you to install a kit to correct 
chafing conditions in the powerplant left-hand and right-hand engine 
installations.

Comments

    Was the public invited to comment? 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 No. 1: Request To Change the Compliance Time Wording

    What is the commenter's concern? The Luftfahrt-Bundesamt (LBA), 
which is the airworthiness authority for Germany, requests that FAA 
change the compliance time wording to prevent any misunderstanding and/
or non-compliance of the AD requirements. The LBA's request notes, that 
if none of the inspection events (100-hour or annual inspection) occurs 
within 30 days after the effective date of the AD, the actions of the 
AD are not required.
    What is FAA's response to the concern? The FAA agrees that the 
compliance time in the AD could currently be misinterpreted. We are 
rewording the compliance time to be more specific and to help eliminate 
any possible confusion.

Comment Issue No. 2: Revision of Raytheon Aircraft Company Service 
Mandatory Service Bulletin No. SB 71-3685 and New Kits

    What is the commenter's concern? Raytheon's comment notes that 
subsequent to the original release of SB No. 71-3685, several customers 
discovered that one of the tube assemblies, part number (P/N) 390-
910091-0005, provided in the Kit No. 390-9104-0001, interfered with the 
engine case on their airplanes. Raytheon has corrected the problem with 
two new kits, which are called out in SB No. 71-3685 Rev. 1, Issued: 
May 2005, Revised July 2005. The Kit No. 390-9104-0003 is for owners/
operators who attempted to comply with the original issuance of the 
service bulletin and could not. The Kit No. 390-9104-0005 is for owner/
operators who have not complied with the original issuance of the 
service bulletin.
    What is FAA's response to the concern? Raytheon revised Mandatory 
Service Bulletin No. SB 71-3685 to the Revision 1, dated July 2005, 
level because it was not possible to comply with the Kit requirements 
as originally specified for some airplanes. The revision references 
kits and specifies how to comply with the action.
    Incorporating the revised service bulletin only makes compliance 
possible and does not increase the burden originally proposed in the 
NPRM. Therefore, FAA has determined that the final rule should 
incorporate Raytheon Mandatory Service Bulletin No. SB 71-3685, Rev. 1, 
dated July 2005.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains information relating to this subject in person at 
the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern time), Monday 
through Friday, except Federal holidays. The Docket Office (telephone 
1-800-647-5227) is located on the plaza level of the Department of 
Transportation NASSIF Building at the street address stated in 
ADDRESSES. You may also view the AD docket on the Internet at http://dms.dot.gov.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 74 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to do the 
installation of the kit(s) to correct chafing conditions in the engine 
installation:

----------------------------------------------------------------------------------------------------------------
                                                                               Total cost per     Total cost on
                        Labor cost                             Parts cost         airplane       U.S. operators
----------------------------------------------------------------------------------------------------------------
16 work hours x $65 = $1,040..............................           $1,775            $2,815          $208,310
----------------------------------------------------------------------------------------------------------------

    The labor and part costs are covered by Raytheon Aircraft Company 
warranty to the extent stated in the service information.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
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.

[[Page 53914]]

Regulatory Findings

    Will this AD impact various entities? 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.
    Will this AD involve a significant rule or regulatory action? 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-2005-21239; Directorate Identifier 2005-CE-27-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:

2005-18-22 Raytheon Aircraft Company: Amendment 39-14263; Docket No. 
FAA-2005-21239; Directorate Identifier 2005-CE-27-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on November 14, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model 390 airplanes that:
    (1) Incorporate a serial number of RB-1, RB-4 through RB-84, RB-
87 through RB-90, RB-92 through RB-96, RB-98 through RB-101, and RB-
103 through RB-107; and
    (2) Are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of reports of inadequate left-hand and 
right-hand engine assembly cable, wire, and hose routing clearance. 
The actions specified in this AD are intended to detect and correct 
chafing conditions in the engine installation, which could result in 
leaking flammable fluids near an ignition source. This failure could 
lead to fire damage or loss of airplane control.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Verify minimum clearances to  Within the next 100   Follow Raytheon
 correct chafing conditions    hours time-in-        Aircraft Company
 in the powerplant left-hand   service (TIS) or 6    Mandatory Service
 and right-hand engine         months after          Bulletin No. SB 71-
 assembly cable, wire, and     November 14, 2005     3685, Issued May
 hose routing by               (the effective date   2005, Revised: July
 installation of the           of this AD),          2005.
 following:                    whichever occurs
(i) If Kit No. 390-9104-0001   first. We
 has already been installed    established this
 and the tube cleared          compliance time to
 successfully, then no         coincide with the
 further action is necessary.  next regularly
(ii) If Kit No. 390-9104-      scheduled
 0001 has already been         inspection. You may
 installed and clearance       comply with this AD
 with the tube was not         at any time prior
 obtained, then install Kit    to this time and
 No. 390-9104-0003.            not have to
(iii) If Kit No. 390-9104-     recomply.
 0001 has not been
 installed, then install Kit
 No. 390-9104-0005.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Wichita Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact James P. 
Galstad, Aerospace Engineer, FAA, Wichita ACO, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4135; facsimile: (316) 
946-4107.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Raytheon Aircraft Company Mandatory Service Bulletin 
No. SB 71-3685, Rev. 1, Issued May 2005, Revised July 2005. The 
Director of the Federal Register approved the incorporation by 
reference of this service bulletin in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. To get a copy of this service information, 
contact Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 
67201-0085; telephone: (800) 429-5372 or 316-676-3140. To review 
copies of this service information, go to the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call 
(202) 741-6030. 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-2005-
21239; Directorate Identifier 2005-CE-27-AD.

    Issued in Kansas City, Missouri, on September 2, 2005.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-17889 Filed 9-12-05; 8:45 am]
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