Airworthiness Directives; Raytheon Aircraft Company Models 58 and G58 Airplanes, 12066-12068 [E7-4523]
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12066
Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25739; Directorate
Identifier 2006–CE–46–AD; Amendment 39–
14988; AD 2007–06–07]
RIN 2120–AA64
Airworthiness Directives; Raytheon
Aircraft Company Models 58 and G58
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
rmajette on PROD1PC67 with RULES
AGENCY:
SUMMARY: The FAA adopts a new
airworthiness directive (AD) for certain
Raytheon Aircraft Company (RAC)
Models 58 and G58 airplanes with
optional propeller unfeathering
accumulators installed. This AD
requires you to inspect the left propeller
accumulator oil tube assembly for any
chafing; replace the propeller
accumulator oil tube assembly if any
chafing is found; and reposition and
secure with clamps both the left engine
manifold pressure hose and its metal
identification tags to avoid contact with
other tubes, hoses, electrical wires,
parts, components, and structure. This
AD results from several reports on the
affected airplanes of chafing damage on
the left propeller accumulator oil tube
assembly. We are issuing this AD to
detect, correct, and prevent any chafing
damage of the left propeller accumulator
oil tube assembly, which could result in
loss of engine oil. Loss of engine oil may
lead to fire or smoke in the engine
compartment, inability to unfeather the
propeller, engine damage, or loss of
engine power.
DATES: This AD becomes effective on
April 19, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of April 19, 2007.
ADDRESSES: To get the service
information identified in this AD,
contact Raytheon Aircraft Company,
9709 E. Central, 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 https://
dms.dot.gov. The docket number is
FAA–2006–25739; Directorate Identifier
2006–CE–46–AD.
VerDate Aug<31>2005
14:08 Mar 14, 2007
Jkt 211001
Jeff
Pretz, Aerospace Engineer, Wichita
Aircraft Certification Office, FAA, 1801
Airport Road, Room 100, Wichita,
Kansas 67209; telephone: (316) 946–
4153; fax: (316) 946–4407.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Discussion
On October 10, 2006, 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 RAC Models 58 and G58
airplanes with optional propeller
unfeathering accumulators installed.
This proposal was published in the
Federal Register as a notice of proposed
rulemaking (NPRM) on October 17, 2006
(71 FR 60924). The NPRM proposed to
require you to inspect the left propeller
accumulator oil tube assembly for any
chafing; replace the propeller
accumulator oil tube assembly if any
chafing is found; and reposition and
secure with clamps both the left engine
manifold pressure hose and its metal
identification tags to avoid contact with
other tubes, hoses, electrical wires,
parts, components, and structure.
Comments
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: Service Information
and Derived ADs
The Modification and Replacement of
Parts Association (MARPA) states that
frequently ADs are derived from service
information originating with the type
certificate holder or its suppliers.
MARPA also states that manufacturer’s
service documents are privately
authored instruments generally enjoying
copyright protection against duplication
and distribution. MARPA contends that
when a service document is
incorporated by reference under 5
U.S.C. 552(a) and 1 CFR part 51 into a
public document such as an AD, it loses
its private, protected status and becomes
itself a public document. MARPA
explains that if a service document is
used as a mandatory element of
compliance it should not simply be
referenced, but should be incorporated
into the regulatory document. MARPA
states that public laws by definition
must be public, which means they
cannot rely for compliance upon private
writings, especially when the writings
originate in a foreign country. MARPA
adds that the interpretation of a
document is not a question of fact, but
of law, bound by the figurative four
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
corners of the document; therefore,
unless the service document is
incorporated by reference, a court of law
will not consider it when interpreting
the AD. MARPA is concerned that
failure to incorporate-by-reference the
relevant service information could
result in a court decision invalidating
the AD.
MARPA advises that it was informed
that service documents are usually not
incorporated into NPRMs, but only into
final actions. MARPA notes that there is
no indication in the NPRM that the FAA
intends to incorporate by reference the
necessary service information; in
addition, there is no indication of which
service documents are mandatory and
which are merely sources of additional
service information; therefore, the
reader is unsure of the FAA’s intent.
MARPA asks that future proposed
actions indicate the FAA intent by
including the following, or a similar
statement: ‘‘We intend to incorporate by
reference the following publications.’’
MARPA also states that incorporation
by reference service documents should
be made available to the public by
publication in the Docket Management
System (DMS) keyed to the action that
incorporates them. MARPA adds that,
under the aforementioned authorities,
incorporation by reference is a
technique used to reduce the size of the
Federal Register when the information
is already available to the affected
individuals. MARPA notes that,
traditionally, ‘‘affected individuals’’ has
meant aircraft owners and operators
who are generally provided service
information by the manufacturer.
MARPA states that a new class of
affected individuals has emerged since
the majority of aircraft maintenance is
now performed by specialty shops
instead of aircraft owners and operators.
MARPA adds that this new class
includes maintenance and repair
organizations (MRO), component
servicing and repair shops, parts
purveyors and distributors and
organizations manufacturing or
servicing alternatively certified parts
under section 21.303 (‘‘Replacement
and modification parts’’) of the Federal
Aviation Regulations (14 CFR 21.303).
Further, MARPA notes that the concept
of brevity is now nearly archaic as
documents exist more frequently in
electronic format than on paper.
Therefore, MARPA asks that the service
documents deemed essential to the
accomplishment of the NPRM be
incorporated by reference into the
regulatory instrument, and published in
DMS prior to release of the AD.
We understand MARPA’s comment
concerning incorporation by reference.
E:\FR\FM\15MRR1.SGM
15MRR1
12067
Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations
The Office of the Federal Register (OFR)
requires that documents that are
necessary to accomplish the
requirements of the AD be incorporated
by reference during the final rule phase
of rulemaking. This final rule
incorporates by reference the documents
necessary for the accomplishment of the
requirements mandated by this AD.
Further, we point out that while
documents that are incorporated by
reference do become public information,
they do not lose their copyright
protection. For that reason, we advise
the public to contact the manufacturer
to obtain copies of the referenced
service information.
The FAA does not concur with the
commenter’s request to indicate in an
NPRM our intent to incorporate service
information by reference. When we
propose that actions be accomplished in
accordance with certain service
information in an NPRM, the public
may assume we intend to IBR that
service information, as requested by the
Office of the Federal Register. Service
information that is cited in the proposed
AD as a source of additional information
is not presented as a requirement, and
the public may assume we do not intend
to IBR that service information. No
change to this final rule is necessary in
regard to the commenter’s request.
In regard to MARPA’s request to post
service bulletins on the Department of
Transportation’s DMS, we are currently
in the process of reviewing issues
surrounding the posting of service
bulletins on the DMS as part of an AD
docket. Once we have thoroughly
examined all aspects of this issue and
have made a final determination, we
will consider whether our current
practice needs to be revised. No change
to the final rule is necessary in response
to this comment.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed except for
minor editorial corrections. We have
determined that these 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.
Costs of Compliance
We estimate that this AD affects 49
airplanes in the U.S. registry.
We estimate the following costs to do
the inspection:
Labor cost
Parts cost
Total cost per
airplane
Total cost on
U.S. operators
1 work-hour × $80 per hour = $80 ..............................................................................................
$5
$85
$4,165
We estimate the following costs to do
any necessary replacements that would
be required based on the results of the
inspection. We have no way of
determining the number of airplanes
that may need this replacement:
Labor cost
Parts cost
Total cost per
airplane
1 work-hour × $80 per hour = $80 ..........................................................................................................................
$39
$119
RAC will provide warranty credit as
specified in RAC Mandatory Service
Bulletin No. SB 61–3806, issued: August
2006.
rmajette on PROD1PC67 with RULES
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 AD.
VerDate Aug<31>2005
14:08 Mar 14, 2007
Jkt 211001
Regulatory Findings
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.
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–2006–25739;
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
Directorate Identifier 2006–CE–46–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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
I 2. FAA amends § 39.13 by adding a
new AD to read as follows:
2007–06–07 Raytheon Aircraft Company:
Amendment 39–14988; Docket No.
FAA–2006–25739; Directorate Identifier
2006–CE–46–AD.
E:\FR\FM\15MRR1.SGM
15MRR1
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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations
Effective Date
(a) This AD becomes effective on April 19,
2007.
unfeathering accumulators installed, that are
certificated in any category.
Affected ADs
(b) None.
(d) This AD results from several reports on
the affected airplanes of chafing damage on
the left propeller accumulator oil tube
assembly. This includes an in-flight oil leak
from the left engine on a Raytheon Aircraft
Company Model G58 airplane. We are
issuing this AD to detect, correct, and
Applicability
(c) This AD applies to Models 58 and G58
airplanes, serial numbers TH–2097 through
TH–2150, with optional propeller
Unsafe Condition
prevent any chafing damage of the left
propeller accumulator oil tube assembly,
which could result in loss of engine oil. Loss
of engine oil may lead to fire or smoke in the
engine compartment, inability to unfeather
the propeller, engine damage, or loss of
engine power.
Compliance
(e) To address this problem, you must do
the following, unless already done:
Actions
Compliance
Procedures
(1) Inspect the left propeller accumulator oil
tube assembly for chafing.
For airplanes that have not had a 100-hour
time-in-service (TIS) inspection or the inspection
following
Raytheon
Safety
´
Communique No. 271, dated May 2006:
Within the next 25 hours TIS after April 19,
2007 (the effective date of this AD). For airplanes that have had a 100-hour TIS inspection or the inspection following
´
Raytheon Safety Communique No. 271,
dated May 2006: Within the next 50 hours
TIS after April 19, 2007 (the effective date
of this AD).
Before further flight after the inspection required by paragraph (e)(1) of this AD.
Follow Raytheon Aircraft Company Mandatory
Service Bulletin No. SB 61–3806, issued:
August 2006.
(2) If any chafing is found in the inspection required by paragraph (e)(1) of this AD, replace
the propeller accumulator oil tube assembly.
(3) Reposition and secure with clamps the left
manifold pressure hose and its metal identification tags to ensure clearance between it
and all tubes, hoses, electrical wires, parts,
components, and structure.
Material Incorporated by Reference
DEPARTMENT OF TRANSPORTATION
rmajette on PROD1PC67 with RULES
(f) You must use Raytheon Aircraft
Company Mandatory Service Bulletin No. SB
61–3806, issued: August 2006, to do the
actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Raytheon Aircraft Company,
9709 E. Central, Wichita, Kansas 67201–
0085; telephone: (800) 429–5372 or (316)
676–3140.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Kansas City, Missouri
64106; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri, on March
7, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–4523 Filed 3–14–07; 8:45 am]
BILLING CODE 4910–13–P
VerDate Aug<31>2005
14:08 Mar 14, 2007
Jkt 211001
Before further flight after the inspection or replacement required in paragraphs (e)(1)
and (e)(2) of this AD.
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24369; Directorate
Identifier 2006–NM–001–AD; Amendment
39–14990; AD 2007–06–09]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–600, –700, –700C, and –800
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to certain Boeing Model
737–600, –700, –700C, and –800 series
airplanes. That AD currently requires
replacing the point ‘‘D’’ splice fitting
between windows number 1 and 2 with
a new splice fitting; performing an eddy
current inspection for cracking of the
holes in the structure common to the
new splice fitting, including doing any
related investigative actions; and
performing corrective actions if
necessary. This new AD adds repetitive
inspections for cracking of the skin just
below each splice fitting, and related
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
Follow Raytheon Aircraft Company Mandatory
Service Bulletin No. SB 61–3806, issued:
August 2006.
Follow Raytheon Aircraft Company Mandatory
Service Bulletin No. SB 61–3806, issued:
August 2006.
corrective actions if necessary. This AD
results from full-scale fuselage fatigue
testing on the splice fitting that failed
prior to the design objective on Boeing
Model 737–800 series airplanes, and a
report of a cracked splice fitting on an
operational airplane. We are issuing this
AD to prevent cracking of the existing
fitting, which may result in cracking
through the skin and consequent
decompression of the flight deck.
This AD becomes effective April
19, 2007.
The incorporation by reference of
Boeing Alert Service Bulletin 737–
53A1222, Revision 3, dated January 3,
2007, as listed in the regulations, is
approved by the Director of the Federal
Register as of April 19, 2007.
On December 21, 2005 (70 FR 72595,
December 6, 2005), the Director of the
Federal Register approved the
incorporation by reference of Boeing
Alert Service Bulletin 737–53A1222,
Revision 2, dated October 20, 2005.
DATES:
You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
ADDRESSES:
E:\FR\FM\15MRR1.SGM
15MRR1
Agencies
[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12066-12068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4523]
[[Page 12066]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25739; Directorate Identifier 2006-CE-46-AD;
Amendment 39-14988; AD 2007-06-07]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company Models 58 and
G58 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain
Raytheon Aircraft Company (RAC) Models 58 and G58 airplanes with
optional propeller unfeathering accumulators installed. This AD
requires you to inspect the left propeller accumulator oil tube
assembly for any chafing; replace the propeller accumulator oil tube
assembly if any chafing is found; and reposition and secure with clamps
both the left engine manifold pressure hose and its metal
identification tags to avoid contact with other tubes, hoses,
electrical wires, parts, components, and structure. This AD results
from several reports on the affected airplanes of chafing damage on the
left propeller accumulator oil tube assembly. We are issuing this AD to
detect, correct, and prevent any chafing damage of the left propeller
accumulator oil tube assembly, which could result in loss of engine
oil. Loss of engine oil may lead to fire or smoke in the engine
compartment, inability to unfeather the propeller, engine damage, or
loss of engine power.
DATES: This AD becomes effective on April 19, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 19,
2007.
ADDRESSES: To get the service information identified in this AD,
contact Raytheon Aircraft Company, 9709 E. Central, 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 https://
dms.dot.gov. The docket number is FAA-2006-25739; Directorate
Identifier 2006-CE-46-AD.
FOR FURTHER INFORMATION CONTACT: Jeff Pretz, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room
100, Wichita, Kansas 67209; telephone: (316) 946-4153; fax: (316) 946-
4407.
SUPPLEMENTARY INFORMATION:
Discussion
On October 10, 2006, 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 RAC Models 58 and G58 airplanes with optional
propeller unfeathering accumulators installed. This proposal was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on October 17, 2006 (71 FR 60924). The NPRM proposed to require
you to inspect the left propeller accumulator oil tube assembly for any
chafing; replace the propeller accumulator oil tube assembly if any
chafing is found; and reposition and secure with clamps both the left
engine manifold pressure hose and its metal identification tags to
avoid contact with other tubes, hoses, electrical wires, parts,
components, and structure.
Comments
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: Service Information and Derived ADs
The Modification and Replacement of Parts Association (MARPA)
states that frequently ADs are derived from service information
originating with the type certificate holder or its suppliers. MARPA
also states that manufacturer's service documents are privately
authored instruments generally enjoying copyright protection against
duplication and distribution. MARPA contends that when a service
document is incorporated by reference under 5 U.S.C. 552(a) and 1 CFR
part 51 into a public document such as an AD, it loses its private,
protected status and becomes itself a public document. MARPA explains
that if a service document is used as a mandatory element of compliance
it should not simply be referenced, but should be incorporated into the
regulatory document. MARPA states that public laws by definition must
be public, which means they cannot rely for compliance upon private
writings, especially when the writings originate in a foreign country.
MARPA adds that the interpretation of a document is not a question of
fact, but of law, bound by the figurative four corners of the document;
therefore, unless the service document is incorporated by reference, a
court of law will not consider it when interpreting the AD. MARPA is
concerned that failure to incorporate-by-reference the relevant service
information could result in a court decision invalidating the AD.
MARPA advises that it was informed that service documents are
usually not incorporated into NPRMs, but only into final actions. MARPA
notes that there is no indication in the NPRM that the FAA intends to
incorporate by reference the necessary service information; in
addition, there is no indication of which service documents are
mandatory and which are merely sources of additional service
information; therefore, the reader is unsure of the FAA's intent. MARPA
asks that future proposed actions indicate the FAA intent by including
the following, or a similar statement: ``We intend to incorporate by
reference the following publications.''
MARPA also states that incorporation by reference service documents
should be made available to the public by publication in the Docket
Management System (DMS) keyed to the action that incorporates them.
MARPA adds that, under the aforementioned authorities, incorporation by
reference is a technique used to reduce the size of the Federal
Register when the information is already available to the affected
individuals. MARPA notes that, traditionally, ``affected individuals''
has meant aircraft owners and operators who are generally provided
service information by the manufacturer. MARPA states that a new class
of affected individuals has emerged since the majority of aircraft
maintenance is now performed by specialty shops instead of aircraft
owners and operators.
MARPA adds that this new class includes maintenance and repair
organizations (MRO), component servicing and repair shops, parts
purveyors and distributors and organizations manufacturing or servicing
alternatively certified parts under section 21.303 (``Replacement and
modification parts'') of the Federal Aviation Regulations (14 CFR
21.303). Further, MARPA notes that the concept of brevity is now nearly
archaic as documents exist more frequently in electronic format than on
paper. Therefore, MARPA asks that the service documents deemed
essential to the accomplishment of the NPRM be incorporated by
reference into the regulatory instrument, and published in DMS prior to
release of the AD.
We understand MARPA's comment concerning incorporation by
reference.
[[Page 12067]]
The Office of the Federal Register (OFR) requires that documents that
are necessary to accomplish the requirements of the AD be incorporated
by reference during the final rule phase of rulemaking. This final rule
incorporates by reference the documents necessary for the
accomplishment of the requirements mandated by this AD. Further, we
point out that while documents that are incorporated by reference do
become public information, they do not lose their copyright protection.
For that reason, we advise the public to contact the manufacturer to
obtain copies of the referenced service information.
The FAA does not concur with the commenter's request to indicate in
an NPRM our intent to incorporate service information by reference.
When we propose that actions be accomplished in accordance with certain
service information in an NPRM, the public may assume we intend to IBR
that service information, as requested by the Office of the Federal
Register. Service information that is cited in the proposed AD as a
source of additional information is not presented as a requirement, and
the public may assume we do not intend to IBR that service information.
No change to this final rule is necessary in regard to the commenter's
request.
In regard to MARPA's request to post service bulletins on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the final rule is necessary in response to this comment.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
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.
Costs of Compliance
We estimate that this AD affects 49 airplanes in the U.S. registry.
We estimate the following costs to do the inspection:
----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80............................. $5 $85 $4,165
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of airplanes that may need this
replacement:
------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
------------------------------------------------------------------------
1 work-hour x $80 per hour = $80...... $39 $119
------------------------------------------------------------------------
RAC will provide warranty credit as specified in RAC Mandatory
Service Bulletin No. SB 61-3806, issued: August 2006.
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 AD.
Regulatory Findings
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.
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-2006-25739; Directorate Identifier 2006-CE-46-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:
2007-06-07 Raytheon Aircraft Company: Amendment 39-14988; Docket No.
FAA-2006-25739; Directorate Identifier 2006-CE-46-AD.
[[Page 12068]]
Effective Date
(a) This AD becomes effective on April 19, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models 58 and G58 airplanes, serial
numbers TH-2097 through TH-2150, with optional propeller
unfeathering accumulators installed, that are certificated in any
category.
Unsafe Condition
(d) This AD results from several reports on the affected
airplanes of chafing damage on the left propeller accumulator oil
tube assembly. This includes an in-flight oil leak from the left
engine on a Raytheon Aircraft Company Model G58 airplane. We are
issuing this AD to detect, correct, and prevent any chafing damage
of the left propeller accumulator oil tube assembly, which could
result in loss of engine oil. Loss of engine oil may lead to fire or
smoke in the engine compartment, inability to unfeather the
propeller, engine damage, or loss of engine power.
Compliance
(e) To address this problem, you must do the following, unless
already done:
------------------------------------------------------------------------
Actions Compliance Procedures
------------------------------------------------------------------------
(1) Inspect the left For airplanes that Follow Raytheon
propeller accumulator oil have not had a 100- Aircraft Company
tube assembly for chafing. hour time-in- Mandatory Service
service (TIS) Bulletin No. SB 61-
inspection or the 3806, issued:
inspection August 2006.
following Raytheon
Safety
Communiqu[eacute]
No. 271, dated May
2006: Within the
next 25 hours TIS
after April 19,
2007 (the effective
date of this AD).
For airplanes that
have had a 100-hour
TIS inspection or
the inspection
following Raytheon
Safety
Communiqu[eacute]
No. 271, dated May
2006: Within the
next 50 hours TIS
after April 19,
2007 (the effective
date of this AD).
(2) If any chafing is found Before further Follow Raytheon
in the inspection required flight after the Aircraft Company
by paragraph (e)(1) of this inspection required Mandatory Service
AD, replace the propeller by paragraph (e)(1) Bulletin No. SB 61-
accumulator oil tube of this AD. 3806, issued:
assembly. August 2006.
(3) Reposition and secure Before further Follow Raytheon
with clamps the left flight after the Aircraft Company
manifold pressure hose and inspection or Mandatory Service
its metal identification replacement Bulletin No. SB 61-
tags to ensure clearance required in 3806, issued:
between it and all tubes, paragraphs (e)(1) August 2006.
hoses, electrical wires, and (e)(2) of this
parts, components, and AD.
structure.
------------------------------------------------------------------------
Material Incorporated by Reference
(f) You must use Raytheon Aircraft Company Mandatory Service
Bulletin No. SB 61-3806, issued: August 2006, to do the actions
required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-
0085; telephone: (800) 429-5372 or (316) 676-3140.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on March 7, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-4523 Filed 3-14-07; 8:45 am]
BILLING CODE 4910-13-P