53912 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

Actions Compliance Procedures 

(3) Inspect the elevator hinge joints for looseness and the clearance of each elevator to 

its stabilizer.

Within 50 hours TIS after the effective date of 

this AD.

As specified in Raytheon Aircraft Company 

Safety Communique ́ No. 261, dated August 

2005, following the applicable Raytheon Aircraft Company Maintenance Manual, Chapter 5–20–07. 

(4) If looseness of the elevator hinge joints or 

incorrect clearance between the elevators 

and their stabilizers is found, correct the discrepancies.

Before further flight .......................................... As specified in Raytheon Aircraft Company 

Safety Communique ́ No. 261, dated August 

2005, following the applicable Raytheon Aircraft Company Maintenance Manual, Chapter 5–20–07. 

(5) Report the results found in the inspections 

required in paragraph (e)(1) and (e)(3) of this 

AD. The Office of Management and Budget 

(OMB) approved the information collection requirements contained in this regulation under 

the provisions of the Paperwork Reduction 

Act of 1980 (44 U.S.C. 3501 and those following sections) and assigned OMB Control 

Number 2120–0056.

Within 7 days after the inspections required in 

paragraph (e)(1) and (e)(3) of this AD.

In addition to Raytheon Aircraft Company, 

send a completed copy of the Raytheon 

Aircraft Company Elevator Inspection form, 

found in Raytheon Aircraft Company Safety 

Communique ́ No. 261, dated August 2005, 

to Steven E. Potter, FAA, 1801 Airport 

Road, Wichita, Kansas 67209. Also include 

in your report TIS since elevator replacement, if elevator has been replaced. 

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, FAA. For information on any already 

approved alternative methods of compliance, 

contact Steven E. Potter, Aerospace Engineer, 

Airframe and Services Branch, ACE–118W, 

1801 Airport Road, Wichita, Kansas 67209; 

telephone: (316) 946–4124; 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 Safety 

Communique ́ No. 261, dated August 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; telephone: (800) 625–

7043. 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–

2005–22332; Directorate Identifier 2005–CE–

46–AD. 

Issued in Kansas City, Missouri, on 

September 2, 2005. 

Kim Smith, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17890 Filed 9–12–05; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 righthand engine installations. This AD 

results from reports of inadequate lefthand 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 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 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 noncompliance 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: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

16 work hours × $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. 

53914 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

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

■ 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

■ 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. FAA amends § 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 correct chafing 

conditions in the powerplant left-hand and 

right-hand engine assembly cable, wire, and 

hose routing by installation of the following: 

(i) If Kit No. 390–9104–0001 has already 

been installed and the tube cleared successfully, then no further action is necessary.

(ii) If Kit No. 390–9104–0001 has already 

been installed and clearance with the 

tube was not obtained, then install Kit 

No. 390–9104–0003.

(iii) If Kit No. 390–9104–0001 has not been 

installed, then install Kit No. 390–9104–

0005.

Within the next 100 hours time-in-service 

(TIS) or 6 months after November 14, 2005 

(the effective date of this AD), whichever 

occurs first. We established this compliance 

time to coincide with the next regularly 

scheduled inspection. You may comply with 

this AD at any time prior to this time and 

not have to recomply.

Follow Raytheon Aircraft Company Mandatory 

Service Bulletin No. SB 71–3685, Issued 

May 2005, Revised: July 2005. 

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] 

BILLING CODE 4910–13–P