[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Proposed Rules]
[Pages 14231-14233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6322]



      
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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / 
Proposed Rules
[[Page 14231]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-211-AD]


Airworthiness Directives; Learjet Model 24, 25, 31, 35, 36, and 
55 Series Airplanes, and Learjet Model 28 and 29 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Learjet Model 24, 
25, 31, 35, 36, and 55 series airplanes, and Learjet Model 28 and 29 
airplanes, that currently requires a revision to the Limitations 
Section of the FAA-approved Airplane Flight Manual (AFM) to prohibit 
flight above an altitude of 41,000 feet. The actions specified by that 
AD are intended to prevent cracking and subsequent failure of the 
outflow/safety valves, which could result in rapid decompression of the 
airplane. This action would require replacement of certain outflow/
safety valves, which, when accomplished, constitutes terminating action 
for the previously required AFM limitation.

DATES: Comments must be received by May 8, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-211-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Allied Signal, Inc., Controls & Accessories, 11100 N. 
Oracle Road, Tucson, Arizona 85737-9588; telephone (602) 469-1000. This 
information may be examined at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Transport 
Airplane Directorate, Los Angeles Aircraft Certification Office, 3960 
Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Walter Eierman, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712; telephone (310) 627-5336; fax 
(310) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 94-NM-211-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 94-NM-211-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 9, 1994, the FAA issued AD 94-26-01, amendment 39-9097 
(59 FR 64844, December 16, 1994), applicable to certain Learjet Model 
24, 25, 31, 35, 36, and 55 series airplanes, and Learjet Model 28 and 
29 airplanes, to require a revision to the Limitations Section of the 
FAA-approved Airplane Flight Manual (AFM) to prohibit flight above an 
altitude of 41,000 feet. That action was prompted originally by a 
report of failure of a safety valve in the pressurization system on a 
Learjet Model 31A airplane. Failure of the valve resulted in 
depressurization of the cabin. Investigation revealed that the poppets 
of certain outflow/safety valves were cracked. These discrepant valves, 
including the safety valve installed on the incident airplane, had been 
manufactured since January 1, 1989. Certain valves manufactured since 
that date have been found to be susceptible to cracking due to an 
improper molding process. Cracking in the poppets of the outflow/safety 
valves in the pressurization system can result in an open valve with an 
effective flow area of 4.4 square inches; additionally, the valve may 
close and remain closed. The requirements of that AD are intended to 
prevent such cracking and subsequent failure of the valves, which could 
result in rapid decompression of the airplane.
    When AD 94-26-01 was issued, it contained a provision for optional 
replacement of certain outflow/safety valves. Accomplishment of the 
replacement constitutes terminating action for the AFM revision; after 
the replacement has been accomplished, the previously required AFM 
limitation may be removed. In the preamble to AD 94-26-01, the FAA 
indicated that it intended to revise that AD to require the replacement 
of those outflow/safety valves. This action proposes such a 
requirement.
    The FAA previously reviewed and approved Allied Signal Aerospace 
Alert Service Bulletins 130406-21-A4011, Revision 2, dated September 
28, 1994 (for part number 130406-1); and 102850-21-A4021, Revision 2, 
dated October 6, 1994 (for part number 102850-5). These alert service 
bulletins describe procedures for replacement of certain outflow/safety 
valves in the [[Page 14232]] pressurization system with serviceable 
valves. Further, the alert service bulletins recommend that the maximum 
altitude for operation of airplanes that may be equipped with these 
outflow/safety valves be limited to 41,000 feet as an interim measure 
until the affected valves are replaced.
    Since the issuance of AD 94-26-01, Allied Signal Aerospace has 
issued Revision 3 of one of the alert service bulletins described 
above, Alert Service Bulletin 130406-21-A4011, dated January 5, 1995 
(for part number 130406-1). The FAA has reviewed and approved the 
revised alert service bulletin, which adds certain valve serial numbers 
to the effectivity list of the alert service bulletin. The FAA has 
determined that these additional valve serial numbers also are subject 
to the unsafe condition specified in this AD, and has referenced 
Revision 3 of the alert service bulletin as the appropriate source of 
service information for replacement of outflow/safety valves having 
part number 130406-1.
    The FAA also has reviewed and approved the following Learjet 
service bulletins, which reference the Allied Signal Aerospace alert 
service bulletins described previously as the appropriate sources of 
service information:
    1. SB 24/25-21-4, dated January 3, 1995 (for Model 24 and 25 series 
airplanes);
    2. SB 28/29-21-8, dated January 3, 1995 (for Model 28 and 29 
airplanes);
    3. SB 31-21-6, dated January 3, 1995 (for Model 31 series 
airplanes);
    4. SB 35/36-21-19, dated January 3, 1995 (for Model 35 and 36 
series airplanes); and
    5. SB 55-21-10, dated January 3, 1995 (for Model 55 series 
airplanes).
    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would supersede AD 94-26-01 to continue to require a 
revision to the Limitations Section of the FAA-approved Airplane Flight 
Manual (AFM) to prohibit flight above an altitude of 41,000 feet. This 
AD also would require replacement of certain outflow/safety valves. 
Accomplishment of the replacement constitutes terminating action for 
the AFM revision; after the replacement has been accomplished, the 
previously required AFM limitation may be removed. The replacement 
would be required to be accomplished in accordance with the applicable 
alert service bulletin described previously.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this long-standing requirement.
    There are approximately 350 Model 24, 25, 31, 35, 36, and 55 series 
airplanes and Model 28 and 29 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 280 airplanes of U.S. registry 
would be affected by this proposed AD.
    The AFM revision required currently by AD 94-26-01 takes 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the total cost 
impact associated with the current AFM revision requirement of AD 94-
26-01 on U.S. operators is estimated to be $16,800, or $60 per 
airplane.
    Removal and replacement of parts that would be required by this 
proposed AD would require approximately 12 work hours to accomplish, at 
an average labor rate of $60 per work hour. However, Allied Signal 
advises that it will reimburse operators for the costs of such removal 
and replacement. Therefore, based on this information, U.S. operators 
would incur no cost impact for the proposed removal and replacement 
requirements.
    Based on the figures discussed above, the (combined) total cost 
impact of this AD on U.S. operators would be approximately $16,800, or 
$60 per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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, pursuant to 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9097 (59 FR 
64844, December 16, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Learjet: Docket 94-NM-211-AD. Supersedes AD 94-26-01, Amendment 39-
9097.

    Applicability: Model 24, 25, 31, 35, 36, and 55 series 
airplanes, and Model 28 and 29 airplanes; equipped with Allied 
Signal outflow/safety valves, number 130406-1 or 102850-5; as 
identified in Allied Signal Aerospace Alert Service Bulletin 130406-
21-A4011, Revision 3, dated January 5, 1995; or 102850-21-A4021, 
Revision 2, dated October 6, 1994; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, 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 use the authority 
provided in paragraph (d) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
[[Page 14233]] eliminates the unsafe condition; or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent rapid decompression of the airplane due to cracking 
and subsequent failure of certain outflow/safety valves, accomplish 
the following:
    (a) Within 30 days after January 3, 1995 (the effective date of 
AD 94-26-01, amendment 39-9097), revise the Limitations Section of 
the FAA-approved Airplane Flight Manual (AFM) to include the 
following. This may be accomplished by inserting a copy of this AD 
in the AFM.
    ``Operation of the airplane at any altitude above 41,000 feet is 
prohibited.''
    (b) Within 18 months after the effective date of this AD, 
replace the outflow/safety valves, part numbers 130406-1 and 102850-
5, as identified in Allied Signal Aerospace Alert Service Bulletin 
130406-21-A4011, Revision 3, dated January 5, 1995, or 102850-21-
A4021, Revision 2, dated October 6, 1994, as applicable; with 
serviceable parts in accordance with the procedures described in the 
applicable alert service bulletin. Accomplishment of this 
replacement constitutes terminating action for the requirement of 
paragraph (a) of this AD; after the replacement has been 
accomplished, the previously required AFM limitation may be removed.
    (c) As of January 3, 1995 (the effective date of AD 94-26-01, 
amendment 39-9097), no person shall install an outflow/safety valve, 
part number 130406-1 or 102850-5, as identified in Allied Signal 
Aerospace Alert Service Bulletin 130406-21-A4011, Revision 3, dated 
January 5, 1995, or 102850-21-A4021, Revision 2, dated October 6, 
1994, as applicable; on any airplane unless that valve is considered 
to be serviceable in accordance with the specifications contained in 
the Accomplishment Instructions of the applicable alert service 
bulletin.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on March 9, 1995.
Neil D. Schalekamp,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-6322 Filed 3-15-95; 8:45 am]
BILLING CODE 4910-13-U