Airworthiness Directives; Raytheon Aircraft Company Models 58P and 58TC Airplanes, 57850-57854 [E7-19888]
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Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Rules and Regulations
PART 39—AIRWORTHINESS
DIRECTIVES
(j) After 24 months from the effective date
of this AD, use of an ECU with a software
version of 8.4.E or older is prohibited.
1. The authority citation for part 39
continues to read as follows:
Alternative Methods of Compliance
(k) The Manager, Engine Certification
Office, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
I
2007–21–06 General Electric Company:
Amendment 39–15224. Docket No.
FAA–2007–28172; Directorate Identifier
2007–NE–23–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective November 15, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to General Electric
Company (GE) CF6–80C2A5F turbofan
engines, installed on, but not limited to,
Airbus A300F4–605R airplanes.
Special Flight Permits
(l) Special flight permits are not
authorized.
Related Information
(m) Information on removing ECU software
and installing new software, which provides
increased margin to flameout, can be found
in GE Service Bulletin No. CF6–80C2 S/B 73–
0352, Revision 1, dated September 12, 2007.
(n) Contact John Golinski, Aerospace
Engineer, Engine Certification Office, FAA,
Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; e-mail: john.golinski@faa.gov;
telephone: (781) 238–7135, fax: (781) 238–
7199, for more information about this AD.
Material Incorporated by Reference
(o) None.
Unsafe Condition
(d) This AD results from reports of engine
flameout events during flight, including
reports of events where all engines
simultaneously experienced a flameout or
other adverse operation. We are issuing this
AD to minimize the potential of an all-engine
flameout event, due to ice accretion and
shedding during flight. Exposure to ice
crystals during flight is believed to be
associated with these flameout events.
Issued in Burlington, Massachusetts, on
October 4, 2007.
Thomas A. Boudreau,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. E7–20036 Filed 10–10–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
determination that the operational
history and usage of the affected
airplanes requires a reduction in the
structural life limit to 4,500 hours timein-service (TIS) for the airframe (wing,
fuselage, empennage, and associated
structure). We are issuing this AD to
prevent structural failure of the airframe
(wing, fuselage, empennage, or
associated structure) based on the
operational history and usage of the
affected airplanes. Such failure could
lead to loss of control.
DATE: This AD becomes effective on
November 15, 2007.
ADDRESSES: To get the service
information identified in this AD,
contact Hawker Beechcraft Corporation,
P.O. Box 85, Wichita, Kansas 67201–
0085; telephone: (800) 429–5372 or
(316) 676–3140.
To view the AD docket, go to U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590, or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2005–21175; Directorate Identifier
2005–CE–24–AD.
FOR FURTHER INFORMATION CONTACT:
Steven E. Potter, Aerospace Engineer,
Wichita Aircraft Certification Office,
FAA, 1801 Airport Road, Wichita,
Kansas 67209; telephone: (316) 946–
4124; fax: (316) 946–4107.
SUPPLEMENTARY INFORMATION:
Compliance
Federal Aviation Administration
(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.
Discussion
14 CFR Part 39
On November 16, 2005, 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 58P and 58TC
airplanes that were used as lead
airplanes by the USFS. This proposal
was published in the Federal Register
as a notice of proposed rulemaking
(NPRM) on November 22, 2005 (70 FR
70555). The NPRM proposed to
establish new limits for the structural
life of the airframe (wing, fuselage,
empennage, and associated structure)
through the incorporation of a new
supplement into the Limitations Section
of the POH/AFM; and require the
disposal of the life-limited airframe
following 14 CFR 43.10 when the
structural life limit of the airframe is
reached.
Interim Action
(f) These actions are interim actions due to
the on-going investigation, and we may take
further rulemaking actions in the future
based on the results of the investigation and
field experience.
Engine ECU Software Removal
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Airworthiness Directives; Raytheon
Aircraft Company Models 58P and
58TC Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
Previous Software Versions of ECU Software
(h) You may use an ECU installed on an
engine with a software version of 8.4.E or
older for no longer than 24 months after the
effective date of this AD.
(i) Once software version 8.4.E or older has
been removed and new FAA-approved
software version is installed in an ECU,
reverting to version 8.4.E or older of ECU
software in that ECU is prohibited.
14:49 Oct 10, 2007
RIN 2120–AA64
AGENCY:
(g) Within 24 months after the effective
date of this AD, remove software version
8.4.E or older versions, from the engine
ECUs, part numbers 1797M63P01,
1797M63P02, 1797M63P03, 1797M63P04,
1797M63P05, 1820M99P01, 1820M99P02,
1820M99P03, 1820M99P04, and
1820M99P05.
VerDate Aug<31>2005
[Docket No. FAA–2005–21175; Directorate
Identifier 2005–CE–24–AD; Amendment 39–
15220; AD 2007–21–02]
SUMMARY: The FAA adopts a new
airworthiness directive (AD) for certain
Raytheon Aircraft Company (RAC)
Models 58P and 58TC airplanes that
were used as lead airplanes by the
United States Forest Service (USFS).
This AD establishes new limits for the
structural life of the airframe (wing,
fuselage, empennage, and associated
structure) through the incorporation of a
supplement to the Limitations Section
of the pilot’s operating handbook and
airplane flight manual (POH/AFM). This
AD results from the FAA’s analysis and
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Comments
We provided the public the
opportunity to participate in developing
this AD. The following presents the
comments received on the proposal and
the FAA’s response to each comment.
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Comment Issue No. 1: Public Use
Aircraft
Four commenters, including Winstead
Sechrest & Minick P.C. (referred to after
this as ‘‘Winstead’’), discuss the use of
these airplanes in public aircraft
operations. These airplanes were
previously used in public aircraft
operations by the USFS. We infer that
the commenters request approval to use
these airplanes in public aircraft
operations beyond the life limits of
4,500 hours TIS.
When these airplanes were operated
solely as public aircraft, they were
exempt from many FAA regulations.
However, since some of these airplanes
may now be utilized as civil aircraft, the
FAA has the responsibility to oversee
the continued operational safety of these
airplanes. The FAA must take into
account the operational history and past
usage of the airplanes. We do not agree
that these airplanes should be exempt
from the 4,500-hour TIS life limit
because the airplanes could still be used
as civil aircraft. Any time the airplane
is used as a civil aircraft, the 4,500-hour
TIS life limit will apply.
Airplanes used in public aircraft
operations are exempt from many FAA
regulations. However, these exemptions
only apply when the airplane is
operated in a public aircraft capacity.
Advisory Circular (AC) 00–1.1,
Government Aircraft Operations, reads:
The status of an aircraft as ‘‘public aircraft’’
or ‘‘civil aircraft’’ depends on its use in
government service and the type of operation
that the aircraft is conducting at the time.
Rather than speaking of particular aircraft as
public aircraft or civil aircraft, it is more
precise to speak of particular operations as
public or civil in nature. Example: An aircraft
owned by a state government is used in the
morning for a search and rescue mission.
During the search and rescue operation, the
aircraft is a public aircraft. Later that same
day, however, the aircraft is used to fly the
governor of the state from one meeting to
another. At that time, the aircraft loses its
public aircraft status and must be operated as
a civil aircraft.
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AC 00–1.1, Government Aircraft
Operations, is available for review in its
entirety at https://www.airweb.faa.gov.
Federal Aviation Regulations (14 CFR
part 91) prohibits a pilot from operating
a civil aircraft unless it is in an
airworthy condition. AC 00–1.1 also
addresses this subject:
[Federal Aviation Regulations] part 91
prohibits a pilot from operating a civil
aircraft unless it is in an airworthy condition.
The pilot in command (PIC) is responsible for
determining whether the aircraft is in
condition for safe flight. The PIC is required
to terminate the flight when unairworthy
mechanical, electrical, or structural
conditions occur. In addition, the PIC may
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not operate the aircraft without complying
with the operating limitations specified in
the approved Airplane or Rotorcraft Flight
Manual, markings, and placards, or as
otherwise prescribed by the certificating
authority of the country of registry.
So in the above example, although the
aircraft may be primarily used in public
operation, it is used as a civil aircraft
also. Therefore, the pilot must assure
the airplane operated as a civil aircraft
is in an airworthy condition, which
would include all ADs, limitations, life
limits, and other mandated
requirements.
There may be cases where an airplane
is used solely in public operations.
Although aircraft used in public
operations are generally exempt from
compliance with the Federal Aviation
Regulations, the safety implications of
the structural fatigue life (4,500 hours
TIS) of the airframe are serious.
Therefore, we strongly recommend
operators of public-use-only aircraft
comply with the structural fatigue life
(4,500 hours TIS) of the airframe. We are
adding a note to the Compliance section
reiterating our concern and this
recommendation.
We will not make any changes to the
final rule AD based on these comments.
Comment Issue No. 2: Withdraw the
NPRM, Suspend AD Action, and Reject
the Reduced Life Limits
Four commenters, including the
Charlotte County (Florida) Sheriff’s
Office, state that the FAA should
withdraw the NPRM, suspend the AD
action, and reject the reduced life limits
established by RAC.
The FAA disagrees with the
commenters. Airplanes certificated
under the safe life regulations have a
structural fatigue life limit based on the
results of fatigue testing, fatigue
analysis, and flight strain surveys. The
structural fatigue life limits are
determined by the mission profile and
mission mix, flight length, number of
ground-air-ground cycles, overall usage,
and the severity of the fatigue spectrum.
Utilizing the above criteria, the FAA has
determined that the structural fatigue
life of these 21 airplanes, which have
been operated in a severe spectrum,
must be reduced to 4,500 hours TIS. As
stated earlier, we analyzed the past
usage of the airplanes while under the
responsibility of the USFS in making
this determination.
We are not changing the final rule AD
action as a result of these comments.
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Comment Issue No. 3: The FAA Has Not
Supplied Evidence That Shows the
Need for AD Action and the FAA
Should Disclose All Data
Five commenters, including
Winstead, Charlotte County Sheriff’s
Department, Texas Firebirds, Down East
Emergency Medicine Institute, and
Merced County Mosquito Abatement
District (all operators of affected
airplanes), state that the FAA has not
supplied evidence that shows the need
for AD action and that the FAA should
disclose all data. The commenters also
state that, based on their analysis of the
service difficulty reports (SDRs), there is
not a need for the reduced fatigue
structural life.
The FAA disagrees with the
commenters. Establishing a structural
fatigue life is not based solely on
incidents/accidents. It is based on the
evaluation of the mission profile and
mission mix, flight length, the number
of ground-air-ground cycles, the overall
usage, and specifically in this case the
severity of the fatigue spectrum. As
stated earlier, these 21 airplanes were
operated in a severe fatigue spectrum
while under the responsibility of the
USFS, and, now that the airplanes are
in civil use, the FAA must analyze this
past usage in making a decision on the
structural fatigue life. SDRs are only one
area the FAA evaluates in determining
whether regulatory action is necessary
to address safety. We agree that the SDR
database alone would not justify the
reduced life limit. However, when we
consider the SDRs and the criteria
described previously, especially the
severe fatigue spectrum operations,
continued operation of any of the 21
airplanes over 4,500 hours TIS would be
unsafe. The FAA used the analysis of
proprietary data from the type certificate
holder. We are not allowed to include
proprietary data in the public docket.
All applicable data considered to be in
the public domain is in the public
docket.
We are not changing the final rule AD
action as a result of these comments.
Comment Issue No. 4: FAA Policy on
Reduction of Airframe Structural
Fatigue Life Limits
One commenter, Dr. Robert M. Bowie,
requests the FAA’s policy on reducing
the airframe structural fatigue life limits.
The FAA may decide to lower the life
limits for airplanes subjected to severe
usage. This occurs when the FAA learns
of airplanes that are used significantly
outside the fatigue spectrum used to
establish the life limits. This more
severe spectrum usage includes
differences in the mission profile and
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mission mix, flight length, the number
of ground-air-ground cycles, and the
overall usage.
When the FAA determines that a
structural life limit must be reduced to
address an unsafe condition, an AD is
the only way to legally enforce the life
limit. Section 14, paragraph 152 on page
109 of the Airworthiness Directives
Manual FAA–IR–M–8040.1A (FAA–
AIR–M–8040.1) is clear on this:
a. General. Airworthiness Directives that
apply more restrictive life limits to products
are issued when the current life limits
contribute to an unsafe condition. Note that
a change to a life limit appearing only in a
manual or on type certificate data sheets,
even if FAA-approved, does not require
compliance by the pilot or operator (although
the FAA encourages that known limits be
taken into consideration). To be LEGALLY
required, the change must be made through
an AD.
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We are not making any changes to the
final rule AD based on these comments.
Comment Issue No. 5: Alternative
Method of Compliance (AMOC)
Five commenters, including
Winstead, state that the FAA should
approve an AMOC for the AD action,
specifically a repetitive inspection
program. However, no commenter
provides the data to substantiate an
AMOC.
This AD, like most ADs, includes
provisions for approval of AMOCs. The
AD and 14 CFR 39.19 include
procedures for applying for an AMOC.
Part of these procedures is providing
substantiating data that shows to the
FAA the method is acceptable for
addressing the unsafe condition. In this
case, an AMOC that requests approval of
a repetitive inspection program would
need to address the damage tolerance of
the structure. Typically, fracture
mechanics-based methods that account
for residual strength and crack
propagation would address the unsafe
condition and be found acceptable.
Inspection methods must demonstrate
the ability to reliably detect cracks
before they grow to a critical size.
As in any AD where AMOC requests
are acceptable, the FAA will evaluate
any request for an AMOC that is
submitted following the proper
procedures. The proposal should
contain the appropriate data that shows
it addresses the unsafe condition. The
FAA will evaluate the proposal based
on the above criteria and determine
whether it provides an acceptable level
of safety. If it does, then we will
approve the AMOC.
We are making no changes to the final
rule AD action based on these
comments.
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Comment Issue No. 6: Government BuyBack and Loss of Airplane Warranty
Three commenters, including John
Ford, discuss a government buy-back of
these airplanes and the applicability of
the manufacturer’s warranty. We
conclude that the commenters request
the government buy-back these
airplanes and/or the manufacturer apply
warranty coverage for the loss of the
airplanes.
We understand that the entities that
operate these aircraft have a concern
with the government aircraft surplus
process. However, the FAA has no
authority to enter into any buy-back
agreements.
Concerning the loss of airplane
warranty, typically, the manufacturer’s
service information lists the required
parts costs that are covered under
warranty. This would mean that no
charges or cost would be incurred by an
airplane operator. However, in this case,
there is no warranty involved. All of
these airplanes were produced before
1985. The FAA has no control over
warranty coverage for the affected
parties; some parties may incur higher
costs than the estimates here.
We are not making any changes to the
final rule AD based on these comments.
Comment Issue No. 7: Economic Impact
Four commenters, including the
Sarasota County (Florida) Sheriff’s
Office, note that this AD action will
have a severe economic impact on the
operators of the affected airplanes.
Because this AD will reduce the
certificated life limit of the 21 airplanes
utilized in a severe fatigue spectrum
while under the responsibility of the
USFS, the FAA recognizes that the AD
will have an economic impact on those
who currently use the airplanes.
However, the FAA has determined that
the safety implications of allowing these
airplanes to continue to fly outweigh the
economic impact that the AD would
have on the affected operators of these
airplanes.
We are making no changes to the final
rule AD action based on these
comments.
Comment Issue No. 8: Executive Orders,
Regulatory Flexibility Act, and Small
Business Administration Regulatory
Enforcement Fairness Act of 1996
Two commenters, including the Down
East Emergency Medical Institute,
contend that the FAA violated several
executive orders, the Regulatory
Flexibility Act, and the Small Business
Administration Regulatory Enforcement
Fairness Act. They also suggest that an
independent outside legal review be
performed.
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The FAA completed a regulatory
evaluation to ensure that the proposed
AD action met applicable executive
orders; the Regulatory Flexibility Act;
and other policies, procedures, and
orders. We have included a description
of the findings for this regulatory
evaluation in the section entitled
Regulatory Flexibility Determination.
The FAA does not obtain independent
outside legal reviews of AD actions. If
the commenters desire such a review,
then they may have such a review done
at their expense.
We are not changing the final rule AD
action as a result of these comments.
Comment Issue No. 9: Extend (Reopen)
the Comment Period for the NPRM and
Hold a Public Meeting
Six commenters, including the Texas
Firebirds, request an extension of the
comment period beyond the
approximately 60 days provided by the
NPRM and one commenter, Winstead,
requests a public meeting with the FAA
to discuss this AD action. The requests
for extension range from an unspecified
number of days to an additional 120
days. The majority of these commenters
noted that the comment period
coincided with the holidays that occur
in November, December, and January.
The FAA believes the DOT/FAA
standard public comment period of 60
days provided adequate opportunity for
public input. We will continue to
evaluate the need for a public meeting.
However, we do not believe the AD
action should be further delayed by
reopening the comment period or
holding a public meeting.
If, after the AD is issued, individuals
present specific ideas that they feel need
to be more fully addressed, the FAA
will evaluate these ideas. Of specific
interest would be alternative solutions
to address the unsafe condition.
We are not reopening the comment
period, holding a public meeting at this
time, or changing the final rule AD
action as a result of these comments.
Comment Issue No. 10: Agreement With
FAA on This Airworthiness Action
Three commenters, one of which is
National Flight Services, made
comments that they generally agree with
this AD action. They request no specific
change to the AD.
Conclusion
We have also determined that the
requirement proposed in the NPRM to
dispose of the life-limited parts is not
necessary by AD action. 14 CFR 43.10
requires that anyone who removes a lifelimited part from an airplane ensure
that the part is controlled using one of
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the methods in paragraph (c) of the
regulation. This includes a
recordkeeping system, tag or record
attached to part, non-permanent
marking, permanent marking,
segregation, mutilation, or other
methods. This AD establishes the
airframe structural life limit of the
affected airplanes. Anyone removing the
life-limited airframe (wing, fuselage,
empennage, and associated structure)
from one of the affected airplanes is
obligated by 14 CFR 43.10 to control the
part once it is removed. Therefore, it is
not necessary to require this through AD
action. We have included a Note in the
AD.
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed except for
removing the life-limited parts disposal
requirement from the AD and minor
editorial corrections. We have
determined that this removal of the
disposal requirement and the 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 21
airplanes in the U.S. registry.
We estimate the cost to incorporate
the RAC Beechcraft POH/AFM
Supplement into the POH/AFM to be
$80 per airplane (1 work-hour × $80 per
hour labor cost), for a total of $1,680 for
U.S. operators. However, the POH/AFM
supplement is life-limiting the
structural airframe. The U.S.
Government distributed the airplanes at
no cost to the states, retaining title for
five years, which have not passed.
Therefore, the cost impact would
consist of any costs of transfer from the
state and the cost of any modifications
the operators have incurred. We have no
way of determining the cost of transfer
for each airplane and the cost of any
modifications that operators have made
to the airplanes.
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Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objective of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation.
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To achieve that principle, the RFA
requires agencies to solicit and consider
flexible regulatory proposals and to
explain the rationale for their actions.
The RFA covers a wide-range of small
entities, including small businesses,
not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a proposed or final
rule will have a significant economic
impact on a substantial number of small
entities. If the agency determines that it
will, the agency must prepare a
regulatory flexibility analysis as
described in the RFA.
However, if an agency determines that
a proposed or final rule is not expected
to have a significant economic impact
on a substantial number of small
entities, section 605(b) of the RFA
provides that the head of the agency
may so certify and a regulatory
flexibility analysis is not required. The
FAA did make such a determination for
this AD. The basis for this
determination is now discussed.
Small entities are identified using
standards from the Small Business
Administration (SBA) for Small
Governmental Jurisdictions and Small
Organizations. These standards define a
Small Governmental Jurisdiction as
governments of cities, counties, towns,
townships, villages, school districts, or
special districts, with a population of
less than fifty thousand. These
standards also define a Small
Organization as any not-for-profit
enterprise that is independently owned
and operated and is not dominant in its
field.
There were 21 Beech Barons available
for distribution by the Forest Service. Of
these 21 airplanes, 1 was destroyed in
an accident. Of the remaining 20
airplanes, 4 were distributed to U.S.
government agencies; 8 were distributed
to states or state agencies; 6 were
distributed to local governments; 1 was
distributed to a non-profit agency; and
1 is unaccounted for. Of these agencies,
one local government and one nonprofit agency would qualify as small
entities. Therefore, this final AD will
not adversely affect a large number of
small entities.
It should be noted that the agencies
receiving these airplanes do not receive
title to the airplanes for a five-year
period. None of these agencies have had
any of these airplanes for a five-year
period. Until the agencies receive title to
these airplanes, the airplanes remain the
property of the United States
government.
We received one comment discussing
the effect of the proposed AD on small
entities. However, as discussed above,
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this final AD will not adversely affect a
large number of small entities.
Therefore, the FAA Administrator
certifies that this rule will not impose a
significant economic impact on a
substantial number of small entities.
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–2005–21175;
Directorate Identifier 2005–CE–24–AD’’
in your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
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Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Rules and Regulations
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
Effective Date
(a) This AD becomes effective on
November 15, 2007.
Affected ADs
PART 39—AIRWORTHINESS
DIRECTIVES
(b) None.
Applicability
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
2007–21–02 Raytheon Aircraft Company:
Amendment 39–15220; Docket No.
FAA–2005–21175; Directorate Identifier
2005–CE–24–AD.
[Amended]
2. FAA amends § 39.13 by adding a
new AD to read as follows:
I
(c) This AD applies to Models 58P and
58TC airplanes, with the following serial
numbers: TJ–177, TJ–178, TJ–180, TJ–211,
TJ–213, TJ–247, TJ–284, TJ–285, TJ–289, TJ–
290, TJ–314, TJ–322, TJ–367, TJ–368, TJ–370,
TJ–371, TJ–425, TJ–426, TJ–433, TJ–442, and
TK–33, that are certificated in any category.
These airplanes were used as lead airplanes
by the United States Forest Service for
firefighting missions.
Unsafe Condition
(d) This AD is the result of the FAA’s
analysis and determination that the
operational history and usage of the affected
airplanes requires a reduction in the
structural life limit to 4,500 hours time-inservice (TIS) for the airframe (wing, fuselage,
empennage, and associated structure). The
actions specified in this AD are intended to
prevent structural failure of the airframe
(wing, fuselage, empennage, or associated
structure) based on the operational history
and usage of the affected airplanes. Such
failure could lead to loss of control.
Compliance
(e) To address this problem, you must do
the following:
Actions
Compliance
Procedures
(1) Insert the Raytheon Model 58P/58PA and
Model 58TC/58TCA POH/AFM Supplement,
part number (P/N) 102–590000–67, issued
January 2005, into the Limitations Section of
pilot’s operating handbook (POH)/airplane
flight manual (AFM) (P/N 102–590000–41 or
106–590000–5). The POH/AFM Supplement
limits the structural fatigue life of the airframe
(wing, fuselage, empennage, and associated
structure) to 4,500 hours TIS.
(2) Do not operate any Models 58P and 58TC
airplanes (with any serial number noted in
paragraph (c) of this AD) upon the accumulation of 4,500 hours TIS on the airframe (wing,
fuselage, empennage, or associated structure) or before further flight, whichever occurs
later.
Upon the accumulation of 4,500 hours TIS on
the airframe (wing, fuselage, empennage,
or associated structure) or before further
flight after November 15, 2007 (the effective
date of this AD), whichever occurs later, unless already done.
Any person holding at least a private pilot certificate as authorized by section 43.7 of the
Federal Aviation Regulations (14 CFR 43.7)
may modify the POH/AFM as specified in
paragraph (e)(1) of this AD. Make an entry
into the aircraft records showing compliance
with this portion of the AD following section
43.9 of the Federal Aviation Regulations
(14 CFR 43.9).
As of November 15, 2007 (the effective date
of this AD).
Not Applicable.
Note 1: 14 CFR 43.10 requires anyone who
removes a life-limited part from an airplane
to ensure that the part is controlled using one
of the methods in paragraph (c) of the
regulation. This includes a recordkeeping
system, tag or record attached to part, nonpermanent marking, permanent marking,
segregation, mutilation, or other methods.
This AD establishes the structural life limit
of the affected airplanes. Anyone removing
the life-limited airframe (wing, fuselage,
empennage, and associated structure) from
one of the affected airplanes is obligated by
14 CFR 43.10 to control the part once it is
removed.
ebenthall on PRODPC61 with RULES
Note 2: Although aircraft used in public
operations are generally exempt from
compliance with the Federal Aviation
Regulations, the safety implications of the
structural fatigue life (4,500 hours TIS) of the
airframe are serious. Therefore, we strongly
recommend operators of public-use-only
aircraft comply with the structural fatigue life
(4,500 hours TIS) of the airframe.
Alternative Methods of Compliance
(AMOCs)
(f) The Manager, Wichita Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. Send information to ATTN: Steve
VerDate Aug<31>2005
14:49 Oct 10, 2007
Jkt 211001
Potter, Aerospace Engineer, 1801 Airport
Road, Room 100, Wichita, Kansas 67209;
telephone: (316) 946–4124; fax: (316) 946–
4107. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
DEPARTMENT OF TRANSPORTATION
Related Information
RIN 2120–AA64
(g) You may obtain the service information
referenced in this AD from Hawker
Beechcraft Corporation, P.O. Box 85, Wichita,
Kansas 67201–0085; telephone: (800) 429–
5372 or (316) 676–3140. To view the AD
docket, go to U.S. Department of
Transportation, Docket Operations, M–30,
West Building Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, or on the Internet at
https://dms.dot.gov. The docket number is
FAA–2005–21175; Directorate Identifier
2005–CE–24–AD.
Issued in Kansas City, Missouri, on
October 3, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–19888 Filed 10–10–07; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23500; Directorate
Identifier 2005–NE–46–AD; Amendment 39–
15223; AD 2007–21–05]
Airworthiness Directives; International
Aero Engines (IAE) V2500 Series
Turbofan Engines
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for
International Aero Engines (IAE) V2500
series turbofan engines. This AD
requires repetitive monitoring of N2
vibration on all IAE V2500 series
engines to identify engines that might
have a cracked high pressure turbine
(HPT) stage 2 air seal. This AD results
from a report that HPT stage 2 air seals
E:\FR\FM\11OCR1.SGM
11OCR1
Agencies
[Federal Register Volume 72, Number 196 (Thursday, October 11, 2007)]
[Rules and Regulations]
[Pages 57850-57854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19888]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21175; Directorate Identifier 2005-CE-24-AD;
Amendment 39-15220; AD 2007-21-02]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company Models 58P
and 58TC 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 58P and 58TC airplanes that were
used as lead airplanes by the United States Forest Service (USFS). This
AD establishes new limits for the structural life of the airframe
(wing, fuselage, empennage, and associated structure) through the
incorporation of a supplement to the Limitations Section of the pilot's
operating handbook and airplane flight manual (POH/AFM). This AD
results from the FAA's analysis and determination that the operational
history and usage of the affected airplanes requires a reduction in the
structural life limit to 4,500 hours time-in-service (TIS) for the
airframe (wing, fuselage, empennage, and associated structure). We are
issuing this AD to prevent structural failure of the airframe (wing,
fuselage, empennage, or associated structure) based on the operational
history and usage of the affected airplanes. Such failure could lead to
loss of control.
DATE: This AD becomes effective on November 15, 2007.
ADDRESSES: To get the service information identified in this AD,
contact Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas
67201-0085; telephone: (800) 429-5372 or (316) 676-3140.
To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
https://dms.dot.gov. The docket number is FAA-2005-21175; Directorate
Identifier 2005-CE-24-AD.
FOR FURTHER INFORMATION CONTACT: Steven E. Potter, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Wichita,
Kansas 67209; telephone: (316) 946-4124; fax: (316) 946-4107.
SUPPLEMENTARY INFORMATION:
Discussion
On November 16, 2005, 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 58P and 58TC airplanes that were used
as lead airplanes by the USFS. This proposal was published in the
Federal Register as a notice of proposed rulemaking (NPRM) on November
22, 2005 (70 FR 70555). The NPRM proposed to establish new limits for
the structural life of the airframe (wing, fuselage, empennage, and
associated structure) through the incorporation of a new supplement
into the Limitations Section of the POH/AFM; and require the disposal
of the life-limited airframe following 14 CFR 43.10 when the structural
life limit of the airframe is reached.
Comments
We provided the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.
[[Page 57851]]
Comment Issue No. 1: Public Use Aircraft
Four commenters, including Winstead Sechrest & Minick P.C.
(referred to after this as ``Winstead''), discuss the use of these
airplanes in public aircraft operations. These airplanes were
previously used in public aircraft operations by the USFS. We infer
that the commenters request approval to use these airplanes in public
aircraft operations beyond the life limits of 4,500 hours TIS.
When these airplanes were operated solely as public aircraft, they
were exempt from many FAA regulations. However, since some of these
airplanes may now be utilized as civil aircraft, the FAA has the
responsibility to oversee the continued operational safety of these
airplanes. The FAA must take into account the operational history and
past usage of the airplanes. We do not agree that these airplanes
should be exempt from the 4,500-hour TIS life limit because the
airplanes could still be used as civil aircraft. Any time the airplane
is used as a civil aircraft, the 4,500-hour TIS life limit will apply.
Airplanes used in public aircraft operations are exempt from many
FAA regulations. However, these exemptions only apply when the airplane
is operated in a public aircraft capacity. Advisory Circular (AC) 00-
1.1, Government Aircraft Operations, reads:
The status of an aircraft as ``public aircraft'' or ``civil
aircraft'' depends on its use in government service and the type of
operation that the aircraft is conducting at the time. Rather than
speaking of particular aircraft as public aircraft or civil
aircraft, it is more precise to speak of particular operations as
public or civil in nature. Example: An aircraft owned by a state
government is used in the morning for a search and rescue mission.
During the search and rescue operation, the aircraft is a public
aircraft. Later that same day, however, the aircraft is used to fly
the governor of the state from one meeting to another. At that time,
the aircraft loses its public aircraft status and must be operated
as a civil aircraft.
AC 00-1.1, Government Aircraft Operations, is available for review
in its entirety at https://www.airweb.faa.gov.
Federal Aviation Regulations (14 CFR part 91) prohibits a pilot
from operating a civil aircraft unless it is in an airworthy condition.
AC 00-1.1 also addresses this subject:
[Federal Aviation Regulations] part 91 prohibits a pilot from
operating a civil aircraft unless it is in an airworthy condition.
The pilot in command (PIC) is responsible for determining whether
the aircraft is in condition for safe flight. The PIC is required to
terminate the flight when unairworthy mechanical, electrical, or
structural conditions occur. In addition, the PIC may not operate
the aircraft without complying with the operating limitations
specified in the approved Airplane or Rotorcraft Flight Manual,
markings, and placards, or as otherwise prescribed by the
certificating authority of the country of registry.
So in the above example, although the aircraft may be primarily
used in public operation, it is used as a civil aircraft also.
Therefore, the pilot must assure the airplane operated as a civil
aircraft is in an airworthy condition, which would include all ADs,
limitations, life limits, and other mandated requirements.
There may be cases where an airplane is used solely in public
operations. Although aircraft used in public operations are generally
exempt from compliance with the Federal Aviation Regulations, the
safety implications of the structural fatigue life (4,500 hours TIS) of
the airframe are serious. Therefore, we strongly recommend operators of
public-use-only aircraft comply with the structural fatigue life (4,500
hours TIS) of the airframe. We are adding a note to the Compliance
section reiterating our concern and this recommendation.
We will not make any changes to the final rule AD based on these
comments.
Comment Issue No. 2: Withdraw the NPRM, Suspend AD Action, and Reject
the Reduced Life Limits
Four commenters, including the Charlotte County (Florida) Sheriff's
Office, state that the FAA should withdraw the NPRM, suspend the AD
action, and reject the reduced life limits established by RAC.
The FAA disagrees with the commenters. Airplanes certificated under
the safe life regulations have a structural fatigue life limit based on
the results of fatigue testing, fatigue analysis, and flight strain
surveys. The structural fatigue life limits are determined by the
mission profile and mission mix, flight length, number of ground-air-
ground cycles, overall usage, and the severity of the fatigue spectrum.
Utilizing the above criteria, the FAA has determined that the
structural fatigue life of these 21 airplanes, which have been operated
in a severe spectrum, must be reduced to 4,500 hours TIS. As stated
earlier, we analyzed the past usage of the airplanes while under the
responsibility of the USFS in making this determination.
We are not changing the final rule AD action as a result of these
comments.
Comment Issue No. 3: The FAA Has Not Supplied Evidence That Shows the
Need for AD Action and the FAA Should Disclose All Data
Five commenters, including Winstead, Charlotte County Sheriff's
Department, Texas Firebirds, Down East Emergency Medicine Institute,
and Merced County Mosquito Abatement District (all operators of
affected airplanes), state that the FAA has not supplied evidence that
shows the need for AD action and that the FAA should disclose all data.
The commenters also state that, based on their analysis of the service
difficulty reports (SDRs), there is not a need for the reduced fatigue
structural life.
The FAA disagrees with the commenters. Establishing a structural
fatigue life is not based solely on incidents/accidents. It is based on
the evaluation of the mission profile and mission mix, flight length,
the number of ground-air-ground cycles, the overall usage, and
specifically in this case the severity of the fatigue spectrum. As
stated earlier, these 21 airplanes were operated in a severe fatigue
spectrum while under the responsibility of the USFS, and, now that the
airplanes are in civil use, the FAA must analyze this past usage in
making a decision on the structural fatigue life. SDRs are only one
area the FAA evaluates in determining whether regulatory action is
necessary to address safety. We agree that the SDR database alone would
not justify the reduced life limit. However, when we consider the SDRs
and the criteria described previously, especially the severe fatigue
spectrum operations, continued operation of any of the 21 airplanes
over 4,500 hours TIS would be unsafe. The FAA used the analysis of
proprietary data from the type certificate holder. We are not allowed
to include proprietary data in the public docket. All applicable data
considered to be in the public domain is in the public docket.
We are not changing the final rule AD action as a result of these
comments.
Comment Issue No. 4: FAA Policy on Reduction of Airframe Structural
Fatigue Life Limits
One commenter, Dr. Robert M. Bowie, requests the FAA's policy on
reducing the airframe structural fatigue life limits.
The FAA may decide to lower the life limits for airplanes subjected
to severe usage. This occurs when the FAA learns of airplanes that are
used significantly outside the fatigue spectrum used to establish the
life limits. This more severe spectrum usage includes differences in
the mission profile and
[[Page 57852]]
mission mix, flight length, the number of ground-air-ground cycles, and
the overall usage.
When the FAA determines that a structural life limit must be
reduced to address an unsafe condition, an AD is the only way to
legally enforce the life limit. Section 14, paragraph 152 on page 109
of the Airworthiness Directives Manual FAA-IR-M-8040.1A (FAA-AIR-M-
8040.1) is clear on this:
a. General. Airworthiness Directives that apply more restrictive
life limits to products are issued when the current life limits
contribute to an unsafe condition. Note that a change to a life
limit appearing only in a manual or on type certificate data sheets,
even if FAA-approved, does not require compliance by the pilot or
operator (although the FAA encourages that known limits be taken
into consideration). To be LEGALLY required, the change must be made
through an AD.
We are not making any changes to the final rule AD based on these
comments.
Comment Issue No. 5: Alternative Method of Compliance (AMOC)
Five commenters, including Winstead, state that the FAA should
approve an AMOC for the AD action, specifically a repetitive inspection
program. However, no commenter provides the data to substantiate an
AMOC.
This AD, like most ADs, includes provisions for approval of AMOCs.
The AD and 14 CFR 39.19 include procedures for applying for an AMOC.
Part of these procedures is providing substantiating data that shows to
the FAA the method is acceptable for addressing the unsafe condition.
In this case, an AMOC that requests approval of a repetitive inspection
program would need to address the damage tolerance of the structure.
Typically, fracture mechanics-based methods that account for residual
strength and crack propagation would address the unsafe condition and
be found acceptable. Inspection methods must demonstrate the ability to
reliably detect cracks before they grow to a critical size.
As in any AD where AMOC requests are acceptable, the FAA will
evaluate any request for an AMOC that is submitted following the proper
procedures. The proposal should contain the appropriate data that shows
it addresses the unsafe condition. The FAA will evaluate the proposal
based on the above criteria and determine whether it provides an
acceptable level of safety. If it does, then we will approve the AMOC.
We are making no changes to the final rule AD action based on these
comments.
Comment Issue No. 6: Government Buy-Back and Loss of Airplane Warranty
Three commenters, including John Ford, discuss a government buy-
back of these airplanes and the applicability of the manufacturer's
warranty. We conclude that the commenters request the government buy-
back these airplanes and/or the manufacturer apply warranty coverage
for the loss of the airplanes.
We understand that the entities that operate these aircraft have a
concern with the government aircraft surplus process. However, the FAA
has no authority to enter into any buy-back agreements.
Concerning the loss of airplane warranty, typically, the
manufacturer's service information lists the required parts costs that
are covered under warranty. This would mean that no charges or cost
would be incurred by an airplane operator. However, in this case, there
is no warranty involved. All of these airplanes were produced before
1985. The FAA has no control over warranty coverage for the affected
parties; some parties may incur higher costs than the estimates here.
We are not making any changes to the final rule AD based on these
comments.
Comment Issue No. 7: Economic Impact
Four commenters, including the Sarasota County (Florida) Sheriff's
Office, note that this AD action will have a severe economic impact on
the operators of the affected airplanes.
Because this AD will reduce the certificated life limit of the 21
airplanes utilized in a severe fatigue spectrum while under the
responsibility of the USFS, the FAA recognizes that the AD will have an
economic impact on those who currently use the airplanes. However, the
FAA has determined that the safety implications of allowing these
airplanes to continue to fly outweigh the economic impact that the AD
would have on the affected operators of these airplanes.
We are making no changes to the final rule AD action based on these
comments.
Comment Issue No. 8: Executive Orders, Regulatory Flexibility Act, and
Small Business Administration Regulatory Enforcement Fairness Act of
1996
Two commenters, including the Down East Emergency Medical
Institute, contend that the FAA violated several executive orders, the
Regulatory Flexibility Act, and the Small Business Administration
Regulatory Enforcement Fairness Act. They also suggest that an
independent outside legal review be performed.
The FAA completed a regulatory evaluation to ensure that the
proposed AD action met applicable executive orders; the Regulatory
Flexibility Act; and other policies, procedures, and orders. We have
included a description of the findings for this regulatory evaluation
in the section entitled Regulatory Flexibility Determination. The FAA
does not obtain independent outside legal reviews of AD actions. If the
commenters desire such a review, then they may have such a review done
at their expense.
We are not changing the final rule AD action as a result of these
comments.
Comment Issue No. 9: Extend (Reopen) the Comment Period for the NPRM
and Hold a Public Meeting
Six commenters, including the Texas Firebirds, request an extension
of the comment period beyond the approximately 60 days provided by the
NPRM and one commenter, Winstead, requests a public meeting with the
FAA to discuss this AD action. The requests for extension range from an
unspecified number of days to an additional 120 days. The majority of
these commenters noted that the comment period coincided with the
holidays that occur in November, December, and January.
The FAA believes the DOT/FAA standard public comment period of 60
days provided adequate opportunity for public input. We will continue
to evaluate the need for a public meeting. However, we do not believe
the AD action should be further delayed by reopening the comment period
or holding a public meeting.
If, after the AD is issued, individuals present specific ideas that
they feel need to be more fully addressed, the FAA will evaluate these
ideas. Of specific interest would be alternative solutions to address
the unsafe condition.
We are not reopening the comment period, holding a public meeting
at this time, or changing the final rule AD action as a result of these
comments.
Comment Issue No. 10: Agreement With FAA on This Airworthiness Action
Three commenters, one of which is National Flight Services, made
comments that they generally agree with this AD action. They request no
specific change to the AD.
Conclusion
We have also determined that the requirement proposed in the NPRM
to dispose of the life-limited parts is not necessary by AD action. 14
CFR 43.10 requires that anyone who removes a life-limited part from an
airplane ensure that the part is controlled using one of
[[Page 57853]]
the methods in paragraph (c) of the regulation. This includes a
recordkeeping system, tag or record attached to part, non-permanent
marking, permanent marking, segregation, mutilation, or other methods.
This AD establishes the airframe structural life limit of the affected
airplanes. Anyone removing the life-limited airframe (wing, fuselage,
empennage, and associated structure) from one of the affected airplanes
is obligated by 14 CFR 43.10 to control the part once it is removed.
Therefore, it is not necessary to require this through AD action. We
have included a Note in the AD.
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for removing the life-limited parts disposal requirement from
the AD and minor editorial corrections. We have determined that this
removal of the disposal requirement and the 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 21 airplanes in the U.S. registry.
We estimate the cost to incorporate the RAC Beechcraft POH/AFM
Supplement into the POH/AFM to be $80 per airplane (1 work-hour x $80
per hour labor cost), for a total of $1,680 for U.S. operators.
However, the POH/AFM supplement is life-limiting the structural
airframe. The U.S. Government distributed the airplanes at no cost to
the states, retaining title for five years, which have not passed.
Therefore, the cost impact would consist of any costs of transfer from
the state and the cost of any modifications the operators have
incurred. We have no way of determining the cost of transfer for each
airplane and the cost of any modifications that operators have made to
the airplanes.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.
To achieve that principle, the RFA requires agencies to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions. The RFA covers a wide-range of small entities, including
small businesses, not-for-profit organizations, and small governmental
jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides that the
head of the agency may so certify and a regulatory flexibility analysis
is not required. The FAA did make such a determination for this AD. The
basis for this determination is now discussed.
Small entities are identified using standards from the Small
Business Administration (SBA) for Small Governmental Jurisdictions and
Small Organizations. These standards define a Small Governmental
Jurisdiction as governments of cities, counties, towns, townships,
villages, school districts, or special districts, with a population of
less than fifty thousand. These standards also define a Small
Organization as any not-for-profit enterprise that is independently
owned and operated and is not dominant in its field.
There were 21 Beech Barons available for distribution by the Forest
Service. Of these 21 airplanes, 1 was destroyed in an accident. Of the
remaining 20 airplanes, 4 were distributed to U.S. government agencies;
8 were distributed to states or state agencies; 6 were distributed to
local governments; 1 was distributed to a non-profit agency; and 1 is
unaccounted for. Of these agencies, one local government and one non-
profit agency would qualify as small entities. Therefore, this final AD
will not adversely affect a large number of small entities.
It should be noted that the agencies receiving these airplanes do
not receive title to the airplanes for a five-year period. None of
these agencies have had any of these airplanes for a five-year period.
Until the agencies receive title to these airplanes, the airplanes
remain the property of the United States government.
We received one comment discussing the effect of the proposed AD on
small entities. However, as discussed above, this final AD will not
adversely affect a large number of small entities. Therefore, the FAA
Administrator certifies that this rule will not impose a significant
economic impact on a substantial number of small entities.
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-2005-21175; Directorate Identifier 2005-CE-24-AD'' in your
request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
[[Page 57854]]
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
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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]
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2. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2007-21-02 Raytheon Aircraft Company: Amendment 39-15220; Docket No.
FAA-2005-21175; Directorate Identifier 2005-CE-24-AD.
Effective Date
(a) This AD becomes effective on November 15, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models 58P and 58TC airplanes, with the
following serial numbers: TJ-177, TJ-178, TJ-180, TJ-211, TJ-213,
TJ-247, TJ-284, TJ-285, TJ-289, TJ-290, TJ-314, TJ-322, TJ-367, TJ-
368, TJ-370, TJ-371, TJ-425, TJ-426, TJ-433, TJ-442, and TK-33, that
are certificated in any category. These airplanes were used as lead
airplanes by the United States Forest Service for firefighting
missions.
Unsafe Condition
(d) This AD is the result of the FAA's analysis and
determination that the operational history and usage of the affected
airplanes requires a reduction in the structural life limit to 4,500
hours time-in-service (TIS) for the airframe (wing, fuselage,
empennage, and associated structure). The actions specified in this
AD are intended to prevent structural failure of the airframe (wing,
fuselage, empennage, or associated structure) based on the
operational history and usage of the affected airplanes. Such
failure could lead to loss of control.
Compliance
(e) To address this problem, you must do the following:
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Actions Compliance Procedures
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(1) Insert the Raytheon Upon the Any person holding
Model 58P/58PA and Model accumulation of at least a private
58TC/58TCA POH/AFM 4,500 hours TIS on pilot certificate
Supplement, part number (P/ the airframe (wing, as authorized by
N) 102-590000-67, issued fuselage, section 43.7 of the
January 2005, into the empennage, or Federal Aviation
Limitations Section of associated Regulations (14 CFR
pilot's operating handbook structure) or 43.7) may modify
(POH)/airplane flight before further the POH/AFM as
manual (AFM) (P/N 102- flight after specified in
590000-41 or 106-590000-5). November 15, 2007 paragraph (e)(1) of
The POH/AFM Supplement (the effective date this AD. Make an
limits the structural of this AD), entry into the
fatigue life of the whichever occurs aircraft records
airframe (wing, fuselage, later, unless showing compliance
empennage, and associated already done. with this portion
structure) to 4,500 hours of the AD following
TIS. section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
(2) Do not operate any As of November 15, Not Applicable.
Models 58P and 58TC 2007 (the effective
airplanes (with any serial date of this AD).
number noted in paragraph
(c) of this AD) upon the
accumulation of 4,500 hours
TIS on the airframe (wing,
fuselage, empennage, or
associated structure) or
before further flight,
whichever occurs later.
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Note 1: 14 CFR 43.10 requires anyone who removes a life-limited
part from an airplane to ensure that the part is controlled using
one of the methods in paragraph (c) of the regulation. This includes
a recordkeeping system, tag or record attached to part, non-
permanent marking, permanent marking, segregation, mutilation, or
other methods. This AD establishes the structural life limit of the
affected airplanes. Anyone removing the life-limited airframe (wing,
fuselage, empennage, and associated structure) from one of the
affected airplanes is obligated by 14 CFR 43.10 to control the part
once it is removed.
Note 2: Although aircraft used in public operations are
generally exempt from compliance with the Federal Aviation
Regulations, the safety implications of the structural fatigue life
(4,500 hours TIS) of the airframe are serious. Therefore, we
strongly recommend operators of public-use-only aircraft comply with
the structural fatigue life (4,500 hours TIS) of the airframe.
Alternative Methods of Compliance (AMOCs)
(f) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Steve Potter, Aerospace Engineer, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone: (316) 946-4124; fax: (316) 946-
4107. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal inspector (PI) in
the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
Related Information
(g) You may obtain the service information referenced in this AD
from Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas
67201-0085; telephone: (800) 429-5372 or (316) 676-3140. To view the
AD docket, go to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
https://dms.dot.gov. The docket number is FAA-2005-21175; Directorate
Identifier 2005-CE-24-AD.
Issued in Kansas City, Missouri, on October 3, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-19888 Filed 10-10-07; 8:45 am]
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