[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Proposed Rules]
[Pages 54318-54321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18209]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20402; Directorate Identifier 2005-NM-133-AD]
RIN 2120-AA64


Airworthiness Directives; Sabreliner Model NA-265, NA-265-20, NA-
265-30, NA-265-40, NA-265-50, NA-265-60, NA-265-65, NA-265-70, and NA-
265-80 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Sabreliner Model NA-265-40, NA-
265-50, NA-265-60, NA-265-70, and NA-265-80 series airplanes. The 
existing AD currently requires repetitive inspections for discrepancies 
in the front and rear spars of the wing in the area of the wing center 
section, and in the lugs on the rear spar and wing trailing edge panel 
rib, and corrective actions if necessary. This proposed AD would expand 
the applicability of the existing AD and require new repetitive 
inspections for fuel leaks of the front

[[Page 54319]]

and rear spars of the wing, and for discrepancies in the front and rear 
spars of the wing in the area of the wing center section, and in the 
lugs on the rear spar and wing trailing edge panel rib. This proposed 
AD would also require related investigative and corrective actions, if 
necessary. This proposed AD results from reports of cracking in the 
upper and lower flanges of the front and rear spars of the wing near 
the wing center section, and in the lugs on the rear spar. We are 
proposing this AD to detect and correct cracking or other discrepancies 
in these areas, which could result in structural failure of the wing.

DATES: We must receive comments on this proposed AD by October 31, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Sabreliner Corporation, 18118 Chesterfield Airport Road, 
Chesterfield, Missouri 63005-1121, for service information identified 
in this proposed AD.

FOR FURTHER INFORMATION CONTACT: T.N. Baktha, Aerospace Engineer, 
Airframe Branch, ACE-118W, FAA, Wichita Aircraft Certification Office, 
1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 
67209; telephone (316) 946-4155; fax (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2005-20402; Directorate Identifier 2005-NM-133-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or may 
visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    We previously issued AD 73-18-03, amendment 39-3201 (43 FR 19208, 
May 4, 1978), for certain Rockwell International Model NA-265-40, NA-
265-50, NA-265-60, NA-265-70, and NA-265-80 series airplanes. That AD 
requires repetitive inspections for discrepancies in the front and rear 
spars of the wing in the area of the wing center section, and in the 
lugs on the rear spar and wing trailing edge panel rib, and corrective 
actions if necessary. That AD resulted from reports of cracking in the 
upper and lower flanges of the front and rear spars of the wing near 
the wing center section, and in the lugs on the rear spar. We issued 
that AD to detect possible cracks, corrosion, or breaks in the surface 
finish in the wing spars and related areas.

Actions Since Existing AD Was Issued

    Since we issued AD 73-18-03, we have determined that Sabreliner 
Model NA-265, NA-265-20, NA-265-30, and NA-265-65 series airplanes may 
also be subject to the unsafe condition addressed by AD 73-18-03. These 
models were not listed in the applicability statement of AD 73-18-03.

Relevant Service Information

    We have reviewed Sabreliner NA-265 Service Bulletin 83-2, revised 
January 31, 2005. Sabreliner NA-265 Service Bulletin 83-2 supersedes 
Sabreliner Service Bulletin 73-11, revised June 1, 1978. (AD 73-18-03 
refers to the original issue of Sabreliner Service Bulletin 73-11, 
dated June 18, 1973 (or later FAA-approved revisions), as the 
appropriate source of service information for the actions required by 
that AD.)
    The procedures in Sabreliner NA-265 Service Bulletin 83-2 are 
substantially similar to those in Sabreliner Service Bulletin 73-11 and 
specify the following actions:
    <bullet> Performing repetitive inspections of the front and rear 
spars of the wing for fuel leaks.
    <bullet> Performing repetitive inspections using a borescope to 
detect breaks in the surface finish, cracking, or corrosion in the 
upper and lower flanges of the front spar of the wing, in the area of 
the wing center section.
    <bullet> Performing repetitive inspections using a borescope to 
detect breaks in the surface finish, cracking, or corrosion in the 
upper and lower flanges and the splice plates of the rear spar of the 
wing, in the area of the wing center section.
    <bullet> Performing related investigative action, consisting of a 
penetrant inspection for cracking, if a break in the surface finish or 
corrosion is found during any inspection of the rear spar in the area 
of the wing center section.
    <bullet> Performing repetitive inspections to detect cracking in 
the lugs of the outboard rear spar and in the fittings on the wing 
trailing edge panel rib.
    <bullet> Contacting Sabreliner for an engineering analysis if any 
crack, corrosion, or break in the surface finish is found.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 73-18-03 and would retain the requirements of the 
existing AD. This proposed AD would also expand the applicability to 
include additional airplanes, and would require accomplishing the 
actions specified in Sabreliner NA-265 Service Bulletin 83-2, revised 
January 31, 2005, except as discussed under ``Differences Between the 
Proposed AD and Service Information.''

[[Page 54320]]

Differences Between the Proposed AD and Service Information

    Sabreliner NA-265 Service Bulletin 83-2, revised January 31, 2005, 
specifies that operators may contact the manufacturer for disposition 
of certain repair conditions. This proposed AD would require operators 
to repair those conditions in accordance with a method approved by the 
FAA.
    Sabreliner NA-265 Service Bulletin 83-2, revised January 31, 2005, 
specifies an inspection for fuel leaks, and another inspection for 
cracking of the lugs on the rear spar and wing trailing edge panel rib. 
We have determined that these inspections can be done using a general 
visual inspection method. Note 1 of this proposed AD defines a general 
visual inspection.
    Sabreliner NA-265 Service Bulletin 83-2, revised January 31, 2005, 
describes procedures for submitting a sheet recording compliance with 
the service bulletin. This proposed AD does not require that action.
    These differences have been coordinated with the manufacturer.

Changes to Existing AD

    The FAA has revised the applicability of the existing AD to 
identify model designations as published in the most recent type 
certificate data sheet for the affected models.
    Also, we removed all references to ``later FAA-approved revision'' 
from the requirements of the existing AD, to be consistent with the 
policy of the Office of the Federal Register. This change will not 
increase the economic burden on any operator, nor will it increase the 
scope of the AD, since we may decide to approve later revisions of the 
service bulletin as an alternative method of compliance with this AD, 
as provided by paragraph (n) of this AD.
    Also, we have revised references to inspecting and doing repairs in 
accordance with a method ``approved by the Chief, Aircraft Engineering 
Division, FAA Western Region.'' This office no longer exists. 
Accordingly, we have revised paragraphs (f), (g), and (h) of this AD to 
refer to inspecting and doing repairs, as applicable, in accordance 
with a method approved by the Manager, Wichita Aircraft Certification 
Office, FAA. We have also included paragraph (i) in this proposed AD to 
give credit for inspecting or doing repairs before the effective date 
of this AD in accordance with a method approved by the Chief, Aircraft 
Engineering Division, FAA Western Region.

Costs of Compliance

    There are about 77 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 43 airplanes of 
U.S. registry.
    The inspection specified in this proposed AD would take about 12 
work hours per airplane, per inspection cycle, at an average labor rate 
of $65 per work hour. Based on these figures, the estimated cost of the 
new actions specified in this proposed AD for U.S. operators is 
$33,540, or $780 per airplane, per inspection cycle.

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 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

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 FAA proposes to amend 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.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-3201 (43 FR 19208, May 4, 1978) and adding the 
following new airworthiness directive (AD):

Sabreliner Corporation: Docket No. FAA-2005-20402; Directorate 
Identifier 2005-NM-133-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
31, 2005.

Affected ADs

    (b) This AD supersedes AD 73-18-03.

Applicability

    (c) This AD applies to Sabreliner Model NA-265, NA-265-20, NA-
265-30, NA-265-40, NA-265-50, NA-265-60, NA-265-65, NA-265-70, and 
NA-265-80 series airplanes; certificated in any category; as 
identified in Sabreliner NA-265 Service Bulletin 83-2, revised 
January 31, 2005.

Unsafe Condition

    (d) This AD results from reports of cracking in the upper and 
lower flanges of the front and rear spars of the wing near the wing 
center section, and in the lugs on the rear spar. The FAA is issuing 
this AD to detect and correct cracking or other discrepancies in 
these areas, which could result in structural failure of the wing.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Requirements of AD 73-18-03

Repetitive Inspections

    (f) For the airplanes listed in Table 1 of this AD: On or before 
June 18, 1974, unless previously accomplished within 1 year, and at 
intervals not to exceed 2 years thereafter until the first 
inspection in accordance with paragraph (j) of this AD has been 
done, inspect the upper and lower flanges of the front and rear 
spars in the area of the wing center section, and the lugs on the 
rear spar and wing trailing edge panel rib, per the instructions of 
Sabreliner Service Bulletin

[[Page 54321]]

73-11, revised June 1, 1978; or an equivalent inspection approved by 
the Manager, Wichita Aircraft Certification Office (ACO), FAA. 
Inspections done before the effective date of this AD in accordance 
with Sabreliner Service Bulletin 73-11, dated June 15, 1973, are 
acceptable for compliance with this paragraph.

  Table 1.--Airplanes Subject to Paragraph (f), (g), and (h) of this AD
------------------------------------------------------------------------
                   Model                       Affected serial numbers
------------------------------------------------------------------------
NA-265-40.................................  282-1 and subsequent.
NA-265-50.................................  287-1.
NA-265-60.................................  306-1 through 306-139
                                             inclusive.
NA-265-70.................................  370-1 through 370-9
                                             inclusive.
NA-265-80.................................  380-1 through 380-61
                                             inclusive.
------------------------------------------------------------------------

Corrective Actions

    (g) For the airplanes listed in Table 1 of this AD: Prior to 
further flight, if cracks, corrosion, or breaks in the surface 
finish are found, during any inspection in accordance with paragraph 
(f) of this AD, in the front or rear spars in the area of the wing 
center section, replace with like serviceable parts, or repair in a 
manner approved by the Manager, Wichita ACO.
    (h) For the airplanes listed in Table 1 of this AD: Prior to 
further flight, if cracks are found, during any inspection in 
accordance with paragraph (f) of this AD, in the lugs on the rear 
spar and wing trailing edge rib, replace the cracked parts with like 
serviceable parts, or repair in a manner approved by the Manager, 
Wichita ACO.

New Requirements of This AD

Inspections/Repairs Accomplished Previously

    (i) Inspections and repairs accomplished before the effective 
date of this AD in accordance with a method approved by the Chief, 
Aircraft Engineering Division, FAA Western Region, are acceptable 
for compliance with paragraphs (f), (g), and (h) of this AD, as 
applicable.

New Repetitive Inspections

    (j) Within 90 days after the effective date of this AD, except 
as provided by paragraph (j)(1) of this AD: Perform a general visual 
inspection for fuel leaks; an inspection using a borescope to detect 
any break in the surface finish, corrosion, or cracking of the upper 
and lower flanges on the front and rear spars of the wing in the 
area of the wing center section; a general visual inspection to 
detect cracking of the lugs on the rear spar and wing trailing edge 
panel rib; and related investigative actions, as applicable; by 
doing all applicable actions in accordance with the instructions of 
Sabreliner NA-265 Service Bulletin 83-2, revised January 31, 2005. 
Repeat the inspection thereafter at intervals not to exceed 24 
months.
    (1) If the inspection required by paragraph (j) of this AD has 
been accomplished within 12 months before the effective date of this 
AD, the inspection required by paragraph (j) of this AD is not 
required until 24 months after the most recent inspection in 
accordance with the requirements of paragraph (j) of this AD.
    (2) For airplanes subject to paragraph (f) of this AD: 
Accomplishing of the initial inspection required by paragraph (j) of 
this AD terminates the requirements of paragraph (f) of this AD.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''


Corrective Actions

    (k) If any fuel leak, break in the surface finish, corrosion, or 
cracking is found during any inspection required by paragraph (j) of 
this AD: Before further flight, replace the subject part with a new 
or serviceable part, or repair the subject part in accordance with a 
method approved by the Manager, Wichita ACO. Where Sabreliner NA-265 
Service Bulletin 83-2 specifies contacting Sabreliner for an 
engineering analysis: Before further flight, repair in accordance 
with a method approved by the Manager, Wichita ACO. For a repair 
method to be approved by the Manager, Wichita ACO, as required by 
this paragraph, the Manager's approval letter must specifically 
refer to this AD.

Actions Accomplished Previously

    (l) Inspections and corrective actions accomplished before the 
effective date of this AD in accordance with the original issue of 
Sabreliner NA-265 Service Bulletin 83-2, dated March 4, 1983; or 
Sabreliner NA-265 Service Bulletin 83-2, revised February 29, 1996; 
are acceptable for compliance with the corresponding actions 
required by paragraphs (j) and (k) of this AD.

No Reporting Requirement

    (m) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (n) The Manager, Wichita ACO, has the authority to approve AMOCs 
for this AD, if requested in accordance with the procedures found in 
14 CFR 39.19.

    Issued in Renton, Washington, on September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18209 Filed 9-13-05; 8:45 am]
BILLING CODE 4910-13-P