Airworthiness Directives; Learjet Inc. Model 60 Airplanes, 32255-32260 [2010-12676]
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TABLE 1—MATERIAL INCORPORATED BY REFERENCE
Thielert Service Bulletin No.
Page
TM TAE 125–1007 P1 .......................................................................................................
Total Pages: 4
TM TAE 125–1009 P1 .......................................................................................................
Total Pages: 26
TM TAE 125–0018 .............................................................................................................
Total Pages: 2
TM TAE 125–0020, including Annexes A and B ...............................................................
Total Pages: TM TAE 125–0020, 42; Annex A, 3; Annex B, 4
ALL ..............
2
April 29, 2009.
ALL ..............
3
October 14, 2009.
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1
November 12, 2008.
ALL ..............
1
November 25, 2009.
Issued in Burlington, Massachusetts, on
May 19, 2010.
Tracy Murphy,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
ac.ict@aero.bombardier.com; Internet
https://www.bombardier.com.
Examining the AD Docket
[FR Doc. 2010–12540 Filed 6–7–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0495; Directorate
Identifier 2009–NM–049–AD; Amendment
39–16316; AD 2010–11–11]
RIN 2120–AA64
Airworthiness Directives; Learjet Inc.
Model 60 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
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AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Model 60 airplanes. This AD requires
revising the Tire-Servicing section of the
airplane maintenance manual and
revising the Tires Limitation section of
the airplane flight manual to incorporate
revised procedures for servicing tires
and checking for proper tire inflation.
This AD results from a report of the
main landing gear tires blowing out
during a takeoff roll. We are issuing this
AD to prevent tire failure, which could
result in failures of the braking and
thrust reverser systems. In a critical
phase of operation such as takeoff, loss
of airplane control may result.
DATES: This AD is effective July 13,
2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of July 13, 2010.
ADDRESSES: For service information
identified in this AD, contact Learjet,
Inc., One Learjet Way, Wichita, Kansas
67209–2942; telephone 316–946–2000;
fax 316–946–2220; e-mail
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You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Don
Ristow, Aerospace Engineer,
Mechanical Systems and Propulsion
Branch, ACE–116W, FAA, Wichita
Aircraft Certification Office, 1801
Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas 67209;
telephone (316) 946–4120; fax (316)
946–4107.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
certain Model 60 airplanes. That NPRM
was published in the Federal Register
on May 29, 2009 (74 FR 25682). That
NPRM proposed to require revising the
Tire-Servicing section of the airplane
maintenance manual (AMM) and
revising the Tires Limitation section of
the airplane flight manual (AFM) to
incorporate revised procedures for
servicing tires and checking for proper
tire inflation.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received from
the 10 commenters.
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Revision
Date
Support for the NPRM
The National Transportation and
Safety Board (NTSB), and Mike
Waggoner, a private citizen, support the
NPRM. The NTSB states that it would
prefer that the tires be checked daily for
proper pressure, but that 96 hours
between pressure checks specified in
the Tires Limitations section of the AFM
(specified in paragraph (h) of the NPRM)
allows for recognition of an underinflated tire before it reaches a point
where the tire would need to be
changed. Mr. Waggoner agrees that a
means of bringing attention to the
importance of checking tire pressures at
a minimum of 96 hours before flight is
mandatory.
Request To Extend the Comment Period
of the Proposed AD
Aviation Properties requests that we
extend the comment period an
additional 45 days following the release
of the NTSB final report on the
September 19, 2008, accident of a Model
60 airplane. The commenter states that
all of the relevant information
concerning that accident has not been
determined and made public, and that
extending the comment period would
allow comments to be made with all the
data being available to everyone.
We do not agree to extend the
comment period and thereby delay the
AD. While it is true that the final NTSB
report is not published, the analysis
determined with certainty that the tires
were subject to internal heat damage
resulting from under-inflation,
overloading, or a combination of both.
As a result of the tire blow-out, other
airplane systems were compromised.
Based on the design of the Model 60
airplanes in particular, we decided to
act now to address the unsafe condition.
If at a later date additional action is
deemed appropriate, we might consider
further rulemaking, which would allow
for public comment at that time. We
have not changed the AD in this regard.
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Requests To Withdraw the NPRM or
Certain Requirements
Aviation Properties states that the
proposed AD is unnecessary for three
reasons: The tires blowing out on takeoff
could potentially be traced back to
improperly serviced tires; the cost of the
AD is financially overburdening to U.S.
operators; and the AD, as proposed,
could cause another accident because of
the possibility that future revisions to
the AMM might not include the relevant
information in the temporary revisions.
If unaware of the AD, maintenance
persons could follow a procedure that
does not meet the intent of the AD. We
infer that the commenter requests that
we withdraw the NPRM.
Cloud Nine Aviation states that the
AFM requirement of a pre-flight
pressure measurement is unnecessary,
as the Model 60 has been flying for 16
years without a problem except one.
The commenter further states that the
cost is overly burdensome, and that
pilots know to pay particular attention
to tire pressures, for which the recent
FAA Safety Alert for Operators (SAFO
09012, June 12, 2009) has been a good
reminder. We infer that the commenter
believes the SAFO sufficiently
addresses the unsafe condition stated in
the NPRM. We infer that the commenter
requests that we remove the AFM
requirements from the NPRM.
We do not agree to withdraw the
NPRM or to remove the proposed AFM
requirements. A review of the Model 60
airplane shows a vulnerability to system
damage due to a blown tire. Rarely is an
accident caused by a single event, but
rather by a series of events. The AD
addresses tire inflation pressure, which
would mitigate one event of a possible
chain of events that can lead to an
accident. The AD, which requires that
the temporary revisions be inserted into
the AMM and the temporary changes be
inserted into the AFM, is the
appropriate vehicle to address this issue
and is necessary to prevent the unsafe
condition. The AD requires that the
relevant information from the temporary
revisions (TRs) be in the general
revisions before the TRs can be
removed. We have not changed the AD
in this regard.
We address the issue of costs in our
response to ‘‘Requests to Revise the
Costs of Compliance’’ later in this
section of the AD.
Request for Information on Global
Efforts for Tire Safety
Electrolux Home Products
(Electrolux) notes that Bombardier
Advisory Wire 32–046 ‘‘is one element
of a strategic effort to promote safety
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across the entire aviation industry with
respect to proper tire inflation,’’ and
asks if the FAA will follow suit.
From this request we infer that the
commenter is asking if the FAA plans to
publish further tire safety information
applying to the entire aviation industry.
No additional publications are planned
at this time. FAA Advisory Circular
(AC) 20–97B, dated April 18, 2005,
provides guidance on the installation,
inflation, maintenance, and removal of
tires. In addition, that AC provides
guidance on those operational practices
necessary to maintain safe airplane
operations. More recently, the FAA
Flight Standards Service has twice
published a safety alert for operators
(SAFO), titled ‘‘Dangers of Improperly
Inflated Tires.’’ No change to this AD is
necessary.
Request for Training
Aviation Properties and William
Detig, a private citizen, suggest that
training is needed. Aviation Properties
asks if there is a plan to develop
educational material and awareness in
lieu of mandating tire pressure checks
for one specific airplane model, while
Mr. Detig proposes training pilots to
monitor tire pressures with calibrated
tire gauges, and to comply with required
preflight checks to determine that tires
are in airworthy condition.
We know of no plans for training on
this issue at this time. For specific
information on tires and tire pressure,
FAA Advisory Circular (AC) 20–97B,
dated April 18, 2005, titled ‘‘Aircraft
Tire Maintenance and Operational
Practices,’’ can be found at https://
www.rgl.faa.gov. The AC provides
recommended tire care and
maintenance practices needed to assure
the safety of support personnel and the
continued airworthiness of airplanes.
Specifically, the AC provides guidance
on the installation, inflation,
maintenance, and removal of airplane
tires. In addition, the AC provides
guidance on those operational practices
necessary to maintain safe airplane
operations. We have not changed this
AD in this regard.
Requests To Include Other Airplane
Models in the Applicability
Electrolux, Chantilly Air, Goodyear
Tire & Rubber Company (Goodyear),
Aviation Properties, the NTSB, and
private citizens Mike Waggoner and
William Detig request that we expand
the applicability of the NPRM to include
other airplane models. In summary, the
commenters state that checking tire
pressure should not be limited to just
the Model 60 airplanes, that other
accidents and incidents have involved
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the Model 35 and Model 55 airplanes,
and that this issue is relevant to all
business jets and other large airplanes
and to those with high takeoff and
landing speeds.
Electrolux states that tire pressure is
a maintenance issue, which is relevant
to all business jets and other large
airplanes, and that Bombardier has
issued Advisory Wires 32–046, dated
December 10, 2008, and 32–047, dated
March 11, 2009, applying to all models
and specifying that tire pressures must
be checked prior to the first flight of the
day.
Chantilly Air states that tire pressure
is not just a Model 60 issue, because the
incident described in the NPRM is one
of many in which malfunctioning
airplane tires may have been a safety
issue.
Goodyear states that its
recommendations for checking tire
pressure should be incorporated into
maintenance programs for the Model 60
airplanes and all airplanes.
Aviation Properties states that
improper servicing of tires is a danger
to any airplanes certified in any
category made by any manufacturer,
that the Model 60 airplanes should not
be discriminated against, and that any
AD written with reference to tire
servicing procedures should be written
to include all certified airplanes.
The NTSB states that the risk of
unsafe tire pressure is not limited to the
Model 60 airplanes, and the NPRM
should be expanded to include at least
Model 55 airplanes (since the Model 60
airplane design is based on the Model
55 airplane design) and any airplanes
that have high rates of multiple tire
failure or that are equipped with tires
operating near their margin of safety.
Mr. Waggoner states that several
accidents and incidents have occurred
due to improperly serviced tires, that
issuing an AD against the Model 60
airplanes will not resolve the problem
that all airplanes with high takeoff and
landing speeds experience, and that the
industry should do more than issue an
AD against any one airplane model.
Mr. Detig states that all airplanes
would be subject to the identified
unsafe condition if the pilots try to take
off with tires that are under-serviced.
We partially agree with the
commenters. We agree that the
importance of ensuring proper tire
inflation pressure cannot be overemphasized, especially on highperformance airplanes. To this end, both
Learjet and Goodyear provide tire-care
and maintenance instructions. We also
published Advisory Circular 20–97B
(Aircraft Tire Maintenance and
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Operational Practices, April 18, 2005)
that is applicable to all airplane tires.
However, we do not agree to expand
the AD applicability to include other
airplanes. This AD applies to the Model
60 airplanes because of the
disproportionate number of tire failure
events per number of airplanes built,
compared to other models. From the
data gathered from service difficulty
reports, the Model 60 airplanes have
more than twice the number of tire
failure events as the Model 30 series and
a third greater rate than the Model 55
series. While the Models 55 and 60
airplanes are similar in design, the
Model 60 airplane has a higher gross
weight and tire pressure than the Model
55 airplane. In addition, a review of the
hydraulic, brake, and thrust reverser
systems of the Model 60 airplanes has
revealed their vulnerability to damage
due to a burst tire. For these reasons, we
have determined that an unsafe
condition exists and is more likely to
occur in the Model 60 airplanes than
other models of business jets. If we learn
that other airplanes blow out tires to the
same extent as the Model 60 airplanes
and have similar system vulnerability,
we might consider additional
rulemaking. We have not changed the
AD in this regard.
Requests To Reduce the Pressure Check
Interval
Mike Waggoner and Goodyear request
that we remove the 96-hour requirement
to check tire pressure and replace it
with a check prior to the first flight of
the day. To summarize, the commenters
state that the Learjet 60 AMM, the
Goodyear Aircraft Tire Care And
Maintenance Manual, and FAA
Advisory Circular 20–97B all
recommend that tire pressure checks be
conducted daily.
Mr. Waggoner recommends
performing a tire condition and pressure
check on all airplanes with high takeoff
and landing speeds a minimum of 24
hours prior to takeoff, which could be
done with available technology without
the need to hook up tire pressure
gauges.
Goodyear states that its Aircraft Tire
Care and Maintenance Manual, and
FAA Advisory Circular 20–97B,
recommend that tire pressure checks be
conducted daily for the Model 60
airplanes and all airplanes. Goodyear
sees no reason to depart from its
recommendation for checking pressure
daily or prior to the first flight of the day
when tires are cool (at ambient
temperature).
We do not agree to require daily
pressure checks. While checking tire
pressure daily is encouraged,
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regulations do not require it unless
specifically made a part of an inspection
program specified by sections 91.409(e)
and 91.409(f) of the Federal Aviation
Regulations (14 CFR 91.409(e) and
91.409(f)), or an airworthiness limitation
or AD action. According to this AD, the
tire pressure check would be applied
uniformly to all affected airplanes. To
minimize the impact on operators of the
affected airplanes, we considered the
daily average tire pressure leakage rate
and determined that with a properly
serviced tire, a period of up to four days
(96 hours) could be allowed and still be
within a safe pressure range. For this
reason, we can still mitigate an unsafe
condition and provide some flexibility
to the airplane operators. We have not
changed the AD in this regard.
Requests for an Exemption Allowing
Certain Pilots to Check Tire Pressure
Learjet, Chantilly Air, Goodyear, and
Tim Rounds, a private citizen, request
that we issue an exemption to section
43.3(g) of the Federal Aviation
Regulations (14 CFR 43.3(g)) that would
allow pilots operating under part 135 of
the Federal Aviation Regulations (14
CFR part 135) to perform tire pressure
checks. To summarize, the commenters
state that, without the exemption, only
a certificated mechanic could check tire
pressure under 14 CFR part 135
operating rules. Conversely, under part
91 of the Federal Aviation Regulations
(14 CFR part 91), a pilot is allowed to
perform the same tire pressure check.
Learjet states that not allowing
properly trained pilots of 14 CFR part
135 airplanes to check tire pressure
might overshadow the intended
consequence of the NPRM, which is to
prevent tire failures, and that the
proposed AD can and should authorize
all properly trained pilots to conduct
pressure checks.
Chantilly Air requests that we address
the issue of pilots under 14 CFR part
135 not being able to do the pressure
checks, which is no more or less
difficult than checking oil on preflight.
Similarly, Goodyear states that, with an
exemption in place for 14 CFR part 135
operators, tire pressure can be checked
by the pilot.
Mr. Rounds requests that an
exemption be incorporated into the AD
for 14 CFR parts 121, 129, and 135
pilots, because some local CertificateHolding District Offices are reluctant to
issue such an exemption even after
training requirements suggested by
Bombardier Advisory Wire 32–047 have
been submitted and aircrews have been
trained.
We do not agree to issue an
exemption to an operating rule with this
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AD. The AD is intended to globally
address an unsafe condition by
specifying special maintenance
practices, regardless of the operating
rules used. The owner/operator of the
airplane determines its intended use
and, in turn, what set of operating and
maintenance procedures apply. It is not
our intent to distinguish or specify in
this AD who can perform a tire pressure
check, nor to amend or change an
existing rule in 14 CFR part 43. For this
reason, we will treat a request or
petition for exemption as a separate
action to this AD. We have not changed
the AD in this regard.
Requests To Revise the Costs of
Compliance
Cloud Nine Aviation, Aviation
Properties, and Chantilly Air request
that we revise the Costs of Compliance
section of the NPRM to include the cost
of recurring actions and materials. To
summarize, the commenters state that
the cost estimate covers only one event
per airplane and not the recurring
action.
Cloud Nine Aviation states that the
cost of additional preflight tire servicing
will be substantial, putting the Model 60
airplanes at an economic disadvantage
as a charter airplane. The commenter
also states that costs can accumulate
and the actions might be needed more
than every 96 work hours as specified
in the TRs described in the NPRM, and
that the costs of compliance estimate in
the NPRM ignores these costs to the
operator.
Aviation Properties states that the
costs listed in the NPRM cover only one
event per airplane and do not consider
the recurring action that will be
required, and that each event will be
required at least every 10 days and as
much as every 4 days. The commenter
gives an example of the annual costs at
those intervals.
Chantilly Air states that the burden of
more costs is being put on the operator,
especially if hangar time is needed in
very cold weather, and states that they
have been charged $95 to $140 per hour
to comply with the TRs as proposed in
the NPRM.
We do not agree to revise the Costs of
Compliance section of this AD as
requested. Based on the best data
available, the manufacturer provided an
estimate of one work-hour necessary to
do the required actions—in this case, to
revise the AFM and AMM.
The number of work-hours represents
the time necessary to perform only the
actions actually required by this AD. We
recognize that operators might incur
incidental costs in addition to the direct
costs. The cost analysis in AD
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rulemaking actions, however, typically
does not include incidental costs such
as the time required to gain access and
close up, time necessary for planning, or
time necessitated by other
administrative actions. Those incidental
costs, which might vary significantly
among operators, are almost impossible
to calculate.
Because ADs require explicit actions
to address specific unsafe conditions,
they appear to impose costs that would
not otherwise be borne by operators.
However, because operators are obliged
to maintain and operate their airplanes
in an airworthy condition, this
appearance is deceptive. Attributing
those costs solely to the issuance of this
AD is unrealistic because, in the interest
of maintaining and operating safe
airplanes, prudent operators would
accomplish the required actions even if
they were not required to do so by the
AD. In any case, we have determined
that the safety benefits of the AD still
outweigh the direct and incidental
costs. We have not changed the AD in
this regard.
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Request for Definition of ‘‘Cold’’
Cloud Nine Aviation states that ‘‘cold
tire in service pressure’’ is referenced in
Table 301 of Learjet TR 12–16, dated
March 18, 2009, to the Learjet 60
Maintenance Manual (specified in
paragraph (g) of this AD), and requests
that we define ‘‘cold’’ as it relates to tire
pressure.
We agree to define the term. The TR
refers to ‘‘cold tire operating pressure
range.’’ Rather than defining cold as a
specific temperature, it is the ambient
temperature when the tire has been at
rest for a period of time, generally at
least 2 hours since use. We have not
changed the AD in this regard.
Request for Information About
Temperature Changes
Chantilly Air requests information
concerning a specific scenario, as
follows. Within the content of Learjet
TR 12–16, dated March 18, 2009, to the
Learjet 60 Maintenance Manual, in very
cold climates, the airplane tire pressure
has been increased to adjust for a
temperature drop, which will occur
once the airplane is moved outside the
hangar and has not had a chance to cold
soak prior to a quick departure.
We agree to provide the following
information. In the scenario presented
by the commenter, the airplane should
be serviced to readjust the tire pressure
to within the normal operating range if
it is outside the allowable pressure
range. Learjet TR 12–16, dated March
18, 2009, specifies to adjust the tire
pressure to account for temperature
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changes if the airplane will be parked
for more than one hour. If departure is
sooner, the tire pressure should be
readjusted accordingly. We have not
changed the AD in this regard.
Request for Clarification of Logbook
Entry Requirements
Chantilly Air requests that we clarify
why, within the content of Learjet TR
12–16, dated March 18, 2009, to the
Learjet 60 Maintenance Manual, an
airplane logbook entry is not required
for the tire pressure check.
We agree to clarify why a logbook
entry is not required. A maintenance
record could be made in the traditional
airplane logbook. However, as a
practical matter, we do not advocate
carrying this logbook aboard the
airplane. Alternatively, according to
FAA Advisory Circular 43–9C, dated
June 8, 1998, titled ‘‘Maintenance
Records,’’ the maintenance records may
be kept in any format that provides
continuity, includes required contents,
lends itself to the addition of new
entries, provides for signature entry, and
is intelligible. Airplane logbooks are one
form of recording maintenance. For the
purposes of this AD, the example of a
tire pressure check record given in
Learjet TR 12–16, dated March 18, 2009,
is one method that meets this
requirement. We have not changed the
AD in this regard.
Request for Definition
Cloud Nine Aviation requests that we
define, within the content of Learjet TR
12–16, dated March 18, 2009, to the
Learjet 60 Maintenance Manual, what is
meant by keeping the dual main gear
tire pressures ‘‘as close as possible.’’
We agree to define the term. The
specified normal cold tire operating
pressure range (10 pounds per square
inch gauge difference) is sufficient.
Ideally, the closer the pressures are, the
better to minimize unequal tire loading
between adjacent tires. We have not
changed the AD in this regard.
Request for Clarification
Aviation Properties requests that we
clarify the difference between ‘‘will’’ and
‘‘should’’ for checking tire pressure on
airplanes parked for extended periods
(10 or more consecutive days) within
the content of Learjet TR 12–16, dated
March 18, 2009, to the Learjet 60
Maintenance Manual, and Temporary
Flight Manual Change 2009–03, dated
March 9, 2009, to the Learjet 60 and
Learjet 60XR AFMs.
We agree to clarify the terms
following a discussion with Learjet Inc.
In the AFM, the term ‘‘will’’ does not
mean that a tire pressure check is
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required every 10 days. The appropriate
reference for servicing the tires is the
AMM. Chapter 12 of the AMM
stipulates the minimum acceptable tire
pressure ranges and associated actions
(Table 301) and recommends that the
tire pressures ‘‘should’’ be checked every
10 days while the airplane is parked. It
is up to the individual owner/operator
to determine if every 10 days is feasible.
However, if the tires have been rolled or
taxied below the minimums specified in
the AMM, they may not be used and are
scrap. We have not changed the AD in
this regard.
Request for Clarification of AMM
Requirement
Aviation Properties requests that we
clarify what is required by the AMM
versus section 43.9 of the Federal
Aviation Regulations (14 CFR 43.9). The
commenter states that Learjet TR 12–16,
dated March 18, 2009, to the Learjet 60
Maintenance Manual, required as
proposed in the NPRM, specifies both
the date and time of each pressure
check, while 14 CFR 43.9 requires only
the date.
We agree to clarify the requirement.
The step-by-step instructions remain in
the appropriate chapter of the AMM. As
the commenter mentions, 14 CFR 43.9
does not require recording time of
completion or documentation of tire
pressure values. However, the critical
aspect of this AD is time. We specified
96 hours between tire pressure checks to
be more precise, as opposed to calendar
days which could potentially lead to a
longer interval between checks.
Therefore, it is an additional
requirement above the minimum
specified in 14 CFR 43.9.
We placed the tire pressure check
requirement in the AFM to emphasize to
the flightcrew the critical nature of tire
pressure for safely operating the
airplane. We decided that the pilot, as
the person ultimately responsible for the
outcome of the flight, should be made
directly aware of this requirement and
be able to take steps to ensure that it is
satisfied. We have not changed the AD
in this regard.
Request for Information About AMM
Reference
Aviation Properties states that within
the content of Learjet TR 12–16, dated
March 18, 2009, to the Learjet 60
Maintenance Manual, the statement ‘‘Do
not decrease pressure of a hot tire’’
could not be found in the previous
revision of Section 12–10–05, Section 1,
of the Learjet 60 Maintenance Manual.
The commenter speculates that since
the statement was not in the previous
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revision, the tires on the incident
airplane may have been under-serviced.
We infer that the commenter requests
that we clarify the manual reference.
The quoted statement is found in
Section 12–10–05, Section 1, Paragraph
15(f), of the previous revision of the
Learjet 60 Maintenance Manual dated
June 27, 2005. We have not changed the
AD in this regard.
Explanation of Change Made to This
AD
We have revised this AD to identify
the legal name of the manufacturer as
published in the most recent type
certificate data sheet for the affected
airplane models.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We also determined that this change
will not increase the economic burden
on any operator or increase the scope of
the AD.
Explanation of Change to Costs of
Compliance
Since issuance of the NPRM, we have
increased the labor rate used in the
Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of
Compliance information, below, reflects
this increase in the specified hourly
labor rate.
We estimate that this AD affects 240
airplanes of U.S. registry. We also
estimate that it takes about 1 work-hour
per product to comply with this AD.
The average labor rate is $85 per workhour. Based on these figures, we
estimate the cost of this AD to the U.S.
operators to be $20,400, or $85 per
product.
srobinson on DSKHWCL6B1PROD with RULES
Authority for This Rulemaking
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
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.
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD Docket.
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 FAA amends 14 CFR part 39 as
follows:
Jkt 220001
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
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
18:47 Jun 07, 2010
Regulatory Findings
■
Costs of Compliance
VerDate Mar<15>2010
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2010–11–11 Learjet Inc.: Amendment 39–
16316. Docket No. FAA–2009–0495;
Directorate Identifier 2009–NM–049–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective July 13, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Learjet Inc. Model
60 airplanes, certificated in any category,
serial numbers 60–002 through 60–369
inclusive.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
32259
Subject
(d) Air Transport Association (ATA) of
America Code 32: Landing gear.
Unsafe Condition
(e) This AD results from a report of the
main landing gear tires blowing out during a
takeoff roll. The Federal Aviation
Administration is issuing this AD to prevent
tire failure, which could result in failures of
the braking and thrust reverser systems. In a
critical phase of operation such as takeoff,
loss of airplane control may result.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Revise the Maintenance Manual (MM)
(g) Within 14 days after the effective date
of this AD, revise the Tire—Servicing Section
of the Learjet 60 MM to include the
information in Learjet 60 Temporary
Revision (TR) 12–16, dated March 18, 2009.
Note 1: The actions required by paragraph
(g) of this AD may be done by inserting a
copy of Learjet 60 TR 12–16, dated March 18,
2009, into the Learjet 60 MM. When the TR
has been included in general revisions of the
Learjet 60 MM, the general revisions may be
inserted in the MM, provided the relevant
information in the general revision is
identical to that in the TR.
Revise the Airplane Flight Manual (AFM)
(h) Within 14 days after the effective date
of this AD, revise the Tires Limitations
Section of the Learjet 60 AFM or Learjet
60XR AFM, as applicable, to include the
information in the Learjet 60 Temporary
Flight Manual Change (TFMC) 2009–03,
dated March 9, 2009. Thereafter, operate the
airplane according to the limitations and
procedures in the TFMC.
Note 2: The actions required by paragraph
(h) of this AD may be done by inserting a
copy of Learjet 60 TFMC 2009–03, dated
March 9, 2009, into the Learjet 60 AFM or
Learjet 60XR AFM, as applicable. When
Learjet 60 TFMC 2009–03 has been included
in general revisions of the applicable AFM,
the general revisions may be inserted in the
applicable AFM, provided the relevant
information in the general revision is
identical to that in the TFMC.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Wichita Aircraft
Certification Office, 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: Don Ristow,
Aerospace Engineer, Mechanical Systems
and Propulsion Branch, ACE–116W, Wichita
Aircraft Certification Office, FAA, 1801
Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas 67209; telephone
(316) 946–4120; fax (316) 946–4107.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
E:\FR\FM\08JNR1.SGM
08JNR1
32260
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations
notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
Material Incorporated by Reference
(j) You must use Learjet 60 Temporary
Revision 12–16, dated March 18, 2009, to the
Learjet 60 Maintenance Manual; and Learjet
60 Temporary Flight Manual Change 2009–
03, dated March 9, 2009, to the Learjet 60 or
Learjet 60XR Airplane Flight Manual; as
applicable; to do the actions required by this
AD, unless the AD specifies otherwise. (The
issue date of Learjet 60 Temporary Flight
Manual Change 2009–03 is specified only on
the first page of the document.)
(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 Learjet, Inc., One Learjet
Way, Wichita, Kansas 67209–2942; telephone
316–946–2000; fax 316–946–2220; e-mail
ac.ict@aero.bombardier.com; Internet https://
www.bombardier.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information that is incorporated by
reference 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 Renton, Washington, on April 1,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–12676 Filed 6–7–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0982; Directorate
Identifier 2009–NE–19–AD; Amendment 39–
16323; AD 2010–12–02]
srobinson on DSKHWCL6B1PROD with RULES
RIN 2120–AA64
Airworthiness Directives; Turbomeca
S.A. MAKILA 1A and 1A1 Turboshaft
Engines
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
VerDate Mar<15>2010
18:47 Jun 07, 2010
Jkt 220001
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
The installation of TU250 comparator/
selector (CS) boards, however, has resulted in
a few occurrences of erratic engine
behaviour, in the form of unexpected N1
variations and/or illumination of the ‘‘GOV’’
warning light. The conclusions from an
´
investigation by Turbomeca are that these
malfunctions are due to a lapse of quality
control in the varnishing process applied to
the boards, and that only boards in a specific
serial number range, as defined under
‘‘Applicability’’ and referred to below as the
‘‘suspect batch’’, are affected.
We are issuing this AD to prevent loss
of automatic engine control during flight
due to an uncommanded engine rollback, which could result in the inability
to continue safe flight.
DATES: This AD becomes effective July
13, 2010. The Director of the Federal
Register approved the incorporation by
reference of certain publications listed
in this AD as of July 13, 2010.
ADDRESSES: The Docket Operations
office is located at Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001.
FOR FURTHER INFORMATION CONTACT:
Kevin Dickert, Aerospace Engineer,
Engine Certification Office, FAA, Engine
and Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; e-mail: kevin.dickert@faa.gov;
telephone (781) 238–7117, fax (781)
238–7199.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on March 31, 2010 (75 FR
16022). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states that:
The installation of TU250 CS boards,
however, has resulted in a few occurrences
of erratic engine behaviour, in the form of
unexpected N1 variations and/or
illumination of the ‘‘GOV’’ warning light. The
conclusions from an investigation by
Turbomeca are that these malfunctions are
due to a lapse of quality control in the
varnishing process applied to the boards, and
that only boards in a specific serial number
range, as defined under ‘‘Applicability’’ and
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
referred to below as the ‘‘suspect batch’’, are
affected.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Costs of Compliance
Based on the service information, we
estimate that this AD will affect about
10 products of U.S. registry. We also
estimate that it will take about 1 workhour per product to comply with this
AD. The average labor rate is $85 per
work-hour. Required parts will cost
about $3,500 per product. Based on
these figures, we estimate the cost of the
AD on U.S. operators to be $35,850.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We 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 this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
E:\FR\FM\08JNR1.SGM
08JNR1
Agencies
[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32255-32260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12676]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0495; Directorate Identifier 2009-NM-049-AD;
Amendment 39-16316; AD 2010-11-11]
RIN 2120-AA64
Airworthiness Directives; Learjet Inc. Model 60 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 60 airplanes. This AD requires revising the Tire-Servicing
section of the airplane maintenance manual and revising the Tires
Limitation section of the airplane flight manual to incorporate revised
procedures for servicing tires and checking for proper tire inflation.
This AD results from a report of the main landing gear tires blowing
out during a takeoff roll. We are issuing this AD to prevent tire
failure, which could result in failures of the braking and thrust
reverser systems. In a critical phase of operation such as takeoff,
loss of airplane control may result.
DATES: This AD is effective July 13, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of July 13, 2010.
ADDRESSES: For service information identified in this AD, contact
Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942; telephone
316-946-2000; fax 316-946-2220; e-mail ac.ict@aero.bombardier.com;
Internet https://www.bombardier.com.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Don Ristow, Aerospace Engineer,
Mechanical Systems and Propulsion Branch, ACE-116W, FAA, Wichita
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4120; fax
(316) 946-4107.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Model 60 airplanes. That NPRM was published in the Federal
Register on May 29, 2009 (74 FR 25682). That NPRM proposed to require
revising the Tire-Servicing section of the airplane maintenance manual
(AMM) and revising the Tires Limitation section of the airplane flight
manual (AFM) to incorporate revised procedures for servicing tires and
checking for proper tire inflation.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the 10 commenters.
Support for the NPRM
The National Transportation and Safety Board (NTSB), and Mike
Waggoner, a private citizen, support the NPRM. The NTSB states that it
would prefer that the tires be checked daily for proper pressure, but
that 96 hours between pressure checks specified in the Tires
Limitations section of the AFM (specified in paragraph (h) of the NPRM)
allows for recognition of an under-inflated tire before it reaches a
point where the tire would need to be changed. Mr. Waggoner agrees that
a means of bringing attention to the importance of checking tire
pressures at a minimum of 96 hours before flight is mandatory.
Request To Extend the Comment Period of the Proposed AD
Aviation Properties requests that we extend the comment period an
additional 45 days following the release of the NTSB final report on
the September 19, 2008, accident of a Model 60 airplane. The commenter
states that all of the relevant information concerning that accident
has not been determined and made public, and that extending the comment
period would allow comments to be made with all the data being
available to everyone.
We do not agree to extend the comment period and thereby delay the
AD. While it is true that the final NTSB report is not published, the
analysis determined with certainty that the tires were subject to
internal heat damage resulting from under-inflation, overloading, or a
combination of both. As a result of the tire blow-out, other airplane
systems were compromised. Based on the design of the Model 60 airplanes
in particular, we decided to act now to address the unsafe condition.
If at a later date additional action is deemed appropriate, we might
consider further rulemaking, which would allow for public comment at
that time. We have not changed the AD in this regard.
[[Page 32256]]
Requests To Withdraw the NPRM or Certain Requirements
Aviation Properties states that the proposed AD is unnecessary for
three reasons: The tires blowing out on takeoff could potentially be
traced back to improperly serviced tires; the cost of the AD is
financially overburdening to U.S. operators; and the AD, as proposed,
could cause another accident because of the possibility that future
revisions to the AMM might not include the relevant information in the
temporary revisions. If unaware of the AD, maintenance persons could
follow a procedure that does not meet the intent of the AD. We infer
that the commenter requests that we withdraw the NPRM.
Cloud Nine Aviation states that the AFM requirement of a pre-flight
pressure measurement is unnecessary, as the Model 60 has been flying
for 16 years without a problem except one. The commenter further states
that the cost is overly burdensome, and that pilots know to pay
particular attention to tire pressures, for which the recent FAA Safety
Alert for Operators (SAFO 09012, June 12, 2009) has been a good
reminder. We infer that the commenter believes the SAFO sufficiently
addresses the unsafe condition stated in the NPRM. We infer that the
commenter requests that we remove the AFM requirements from the NPRM.
We do not agree to withdraw the NPRM or to remove the proposed AFM
requirements. A review of the Model 60 airplane shows a vulnerability
to system damage due to a blown tire. Rarely is an accident caused by a
single event, but rather by a series of events. The AD addresses tire
inflation pressure, which would mitigate one event of a possible chain
of events that can lead to an accident. The AD, which requires that the
temporary revisions be inserted into the AMM and the temporary changes
be inserted into the AFM, is the appropriate vehicle to address this
issue and is necessary to prevent the unsafe condition. The AD requires
that the relevant information from the temporary revisions (TRs) be in
the general revisions before the TRs can be removed. We have not
changed the AD in this regard.
We address the issue of costs in our response to ``Requests to
Revise the Costs of Compliance'' later in this section of the AD.
Request for Information on Global Efforts for Tire Safety
Electrolux Home Products (Electrolux) notes that Bombardier
Advisory Wire 32-046 ``is one element of a strategic effort to promote
safety across the entire aviation industry with respect to proper tire
inflation,'' and asks if the FAA will follow suit.
From this request we infer that the commenter is asking if the FAA
plans to publish further tire safety information applying to the entire
aviation industry. No additional publications are planned at this time.
FAA Advisory Circular (AC) 20-97B, dated April 18, 2005, provides
guidance on the installation, inflation, maintenance, and removal of
tires. In addition, that AC provides guidance on those operational
practices necessary to maintain safe airplane operations. More
recently, the FAA Flight Standards Service has twice published a safety
alert for operators (SAFO), titled ``Dangers of Improperly Inflated
Tires.'' No change to this AD is necessary.
Request for Training
Aviation Properties and William Detig, a private citizen, suggest
that training is needed. Aviation Properties asks if there is a plan to
develop educational material and awareness in lieu of mandating tire
pressure checks for one specific airplane model, while Mr. Detig
proposes training pilots to monitor tire pressures with calibrated tire
gauges, and to comply with required preflight checks to determine that
tires are in airworthy condition.
We know of no plans for training on this issue at this time. For
specific information on tires and tire pressure, FAA Advisory Circular
(AC) 20-97B, dated April 18, 2005, titled ``Aircraft Tire Maintenance
and Operational Practices,'' can be found at https://www.rgl.faa.gov.
The AC provides recommended tire care and maintenance practices needed
to assure the safety of support personnel and the continued
airworthiness of airplanes. Specifically, the AC provides guidance on
the installation, inflation, maintenance, and removal of airplane
tires. In addition, the AC provides guidance on those operational
practices necessary to maintain safe airplane operations. We have not
changed this AD in this regard.
Requests To Include Other Airplane Models in the Applicability
Electrolux, Chantilly Air, Goodyear Tire & Rubber Company
(Goodyear), Aviation Properties, the NTSB, and private citizens Mike
Waggoner and William Detig request that we expand the applicability of
the NPRM to include other airplane models. In summary, the commenters
state that checking tire pressure should not be limited to just the
Model 60 airplanes, that other accidents and incidents have involved
the Model 35 and Model 55 airplanes, and that this issue is relevant to
all business jets and other large airplanes and to those with high
takeoff and landing speeds.
Electrolux states that tire pressure is a maintenance issue, which
is relevant to all business jets and other large airplanes, and that
Bombardier has issued Advisory Wires 32-046, dated December 10, 2008,
and 32-047, dated March 11, 2009, applying to all models and specifying
that tire pressures must be checked prior to the first flight of the
day.
Chantilly Air states that tire pressure is not just a Model 60
issue, because the incident described in the NPRM is one of many in
which malfunctioning airplane tires may have been a safety issue.
Goodyear states that its recommendations for checking tire pressure
should be incorporated into maintenance programs for the Model 60
airplanes and all airplanes.
Aviation Properties states that improper servicing of tires is a
danger to any airplanes certified in any category made by any
manufacturer, that the Model 60 airplanes should not be discriminated
against, and that any AD written with reference to tire servicing
procedures should be written to include all certified airplanes.
The NTSB states that the risk of unsafe tire pressure is not
limited to the Model 60 airplanes, and the NPRM should be expanded to
include at least Model 55 airplanes (since the Model 60 airplane design
is based on the Model 55 airplane design) and any airplanes that have
high rates of multiple tire failure or that are equipped with tires
operating near their margin of safety.
Mr. Waggoner states that several accidents and incidents have
occurred due to improperly serviced tires, that issuing an AD against
the Model 60 airplanes will not resolve the problem that all airplanes
with high takeoff and landing speeds experience, and that the industry
should do more than issue an AD against any one airplane model.
Mr. Detig states that all airplanes would be subject to the
identified unsafe condition if the pilots try to take off with tires
that are under-serviced.
We partially agree with the commenters. We agree that the
importance of ensuring proper tire inflation pressure cannot be over-
emphasized, especially on high-performance airplanes. To this end, both
Learjet and Goodyear provide tire-care and maintenance instructions. We
also published Advisory Circular 20-97B (Aircraft Tire Maintenance and
[[Page 32257]]
Operational Practices, April 18, 2005) that is applicable to all
airplane tires.
However, we do not agree to expand the AD applicability to include
other airplanes. This AD applies to the Model 60 airplanes because of
the disproportionate number of tire failure events per number of
airplanes built, compared to other models. From the data gathered from
service difficulty reports, the Model 60 airplanes have more than twice
the number of tire failure events as the Model 30 series and a third
greater rate than the Model 55 series. While the Models 55 and 60
airplanes are similar in design, the Model 60 airplane has a higher
gross weight and tire pressure than the Model 55 airplane. In addition,
a review of the hydraulic, brake, and thrust reverser systems of the
Model 60 airplanes has revealed their vulnerability to damage due to a
burst tire. For these reasons, we have determined that an unsafe
condition exists and is more likely to occur in the Model 60 airplanes
than other models of business jets. If we learn that other airplanes
blow out tires to the same extent as the Model 60 airplanes and have
similar system vulnerability, we might consider additional rulemaking.
We have not changed the AD in this regard.
Requests To Reduce the Pressure Check Interval
Mike Waggoner and Goodyear request that we remove the 96-hour
requirement to check tire pressure and replace it with a check prior to
the first flight of the day. To summarize, the commenters state that
the Learjet 60 AMM, the Goodyear Aircraft Tire Care And Maintenance
Manual, and FAA Advisory Circular 20-97B all recommend that tire
pressure checks be conducted daily.
Mr. Waggoner recommends performing a tire condition and pressure
check on all airplanes with high takeoff and landing speeds a minimum
of 24 hours prior to takeoff, which could be done with available
technology without the need to hook up tire pressure gauges.
Goodyear states that its Aircraft Tire Care and Maintenance Manual,
and FAA Advisory Circular 20-97B, recommend that tire pressure checks
be conducted daily for the Model 60 airplanes and all airplanes.
Goodyear sees no reason to depart from its recommendation for checking
pressure daily or prior to the first flight of the day when tires are
cool (at ambient temperature).
We do not agree to require daily pressure checks. While checking
tire pressure daily is encouraged, regulations do not require it unless
specifically made a part of an inspection program specified by sections
91.409(e) and 91.409(f) of the Federal Aviation Regulations (14 CFR
91.409(e) and 91.409(f)), or an airworthiness limitation or AD action.
According to this AD, the tire pressure check would be applied
uniformly to all affected airplanes. To minimize the impact on
operators of the affected airplanes, we considered the daily average
tire pressure leakage rate and determined that with a properly serviced
tire, a period of up to four days (96 hours) could be allowed and still
be within a safe pressure range. For this reason, we can still mitigate
an unsafe condition and provide some flexibility to the airplane
operators. We have not changed the AD in this regard.
Requests for an Exemption Allowing Certain Pilots to Check Tire
Pressure
Learjet, Chantilly Air, Goodyear, and Tim Rounds, a private
citizen, request that we issue an exemption to section 43.3(g) of the
Federal Aviation Regulations (14 CFR 43.3(g)) that would allow pilots
operating under part 135 of the Federal Aviation Regulations (14 CFR
part 135) to perform tire pressure checks. To summarize, the commenters
state that, without the exemption, only a certificated mechanic could
check tire pressure under 14 CFR part 135 operating rules. Conversely,
under part 91 of the Federal Aviation Regulations (14 CFR part 91), a
pilot is allowed to perform the same tire pressure check.
Learjet states that not allowing properly trained pilots of 14 CFR
part 135 airplanes to check tire pressure might overshadow the intended
consequence of the NPRM, which is to prevent tire failures, and that
the proposed AD can and should authorize all properly trained pilots to
conduct pressure checks.
Chantilly Air requests that we address the issue of pilots under 14
CFR part 135 not being able to do the pressure checks, which is no more
or less difficult than checking oil on preflight. Similarly, Goodyear
states that, with an exemption in place for 14 CFR part 135 operators,
tire pressure can be checked by the pilot.
Mr. Rounds requests that an exemption be incorporated into the AD
for 14 CFR parts 121, 129, and 135 pilots, because some local
Certificate-Holding District Offices are reluctant to issue such an
exemption even after training requirements suggested by Bombardier
Advisory Wire 32-047 have been submitted and aircrews have been
trained.
We do not agree to issue an exemption to an operating rule with
this AD. The AD is intended to globally address an unsafe condition by
specifying special maintenance practices, regardless of the operating
rules used. The owner/operator of the airplane determines its intended
use and, in turn, what set of operating and maintenance procedures
apply. It is not our intent to distinguish or specify in this AD who
can perform a tire pressure check, nor to amend or change an existing
rule in 14 CFR part 43. For this reason, we will treat a request or
petition for exemption as a separate action to this AD. We have not
changed the AD in this regard.
Requests To Revise the Costs of Compliance
Cloud Nine Aviation, Aviation Properties, and Chantilly Air request
that we revise the Costs of Compliance section of the NPRM to include
the cost of recurring actions and materials. To summarize, the
commenters state that the cost estimate covers only one event per
airplane and not the recurring action.
Cloud Nine Aviation states that the cost of additional preflight
tire servicing will be substantial, putting the Model 60 airplanes at
an economic disadvantage as a charter airplane. The commenter also
states that costs can accumulate and the actions might be needed more
than every 96 work hours as specified in the TRs described in the NPRM,
and that the costs of compliance estimate in the NPRM ignores these
costs to the operator.
Aviation Properties states that the costs listed in the NPRM cover
only one event per airplane and do not consider the recurring action
that will be required, and that each event will be required at least
every 10 days and as much as every 4 days. The commenter gives an
example of the annual costs at those intervals.
Chantilly Air states that the burden of more costs is being put on
the operator, especially if hangar time is needed in very cold weather,
and states that they have been charged $95 to $140 per hour to comply
with the TRs as proposed in the NPRM.
We do not agree to revise the Costs of Compliance section of this
AD as requested. Based on the best data available, the manufacturer
provided an estimate of one work-hour necessary to do the required
actions--in this case, to revise the AFM and AMM.
The number of work-hours represents the time necessary to perform
only the actions actually required by this AD. We recognize that
operators might incur incidental costs in addition to the direct costs.
The cost analysis in AD
[[Page 32258]]
rulemaking actions, however, typically does not include incidental
costs such as the time required to gain access and close up, time
necessary for planning, or time necessitated by other administrative
actions. Those incidental costs, which might vary significantly among
operators, are almost impossible to calculate.
Because ADs require explicit actions to address specific unsafe
conditions, they appear to impose costs that would not otherwise be
borne by operators. However, because operators are obliged to maintain
and operate their airplanes in an airworthy condition, this appearance
is deceptive. Attributing those costs solely to the issuance of this AD
is unrealistic because, in the interest of maintaining and operating
safe airplanes, prudent operators would accomplish the required actions
even if they were not required to do so by the AD. In any case, we have
determined that the safety benefits of the AD still outweigh the direct
and incidental costs. We have not changed the AD in this regard.
Request for Definition of ``Cold''
Cloud Nine Aviation states that ``cold tire in service pressure''
is referenced in Table 301 of Learjet TR 12-16, dated March 18, 2009,
to the Learjet 60 Maintenance Manual (specified in paragraph (g) of
this AD), and requests that we define ``cold'' as it relates to tire
pressure.
We agree to define the term. The TR refers to ``cold tire operating
pressure range.'' Rather than defining cold as a specific temperature,
it is the ambient temperature when the tire has been at rest for a
period of time, generally at least 2 hours since use. We have not
changed the AD in this regard.
Request for Information About Temperature Changes
Chantilly Air requests information concerning a specific scenario,
as follows. Within the content of Learjet TR 12-16, dated March 18,
2009, to the Learjet 60 Maintenance Manual, in very cold climates, the
airplane tire pressure has been increased to adjust for a temperature
drop, which will occur once the airplane is moved outside the hangar
and has not had a chance to cold soak prior to a quick departure.
We agree to provide the following information. In the scenario
presented by the commenter, the airplane should be serviced to readjust
the tire pressure to within the normal operating range if it is outside
the allowable pressure range. Learjet TR 12-16, dated March 18, 2009,
specifies to adjust the tire pressure to account for temperature
changes if the airplane will be parked for more than one hour. If
departure is sooner, the tire pressure should be readjusted
accordingly. We have not changed the AD in this regard.
Request for Clarification of Logbook Entry Requirements
Chantilly Air requests that we clarify why, within the content of
Learjet TR 12-16, dated March 18, 2009, to the Learjet 60 Maintenance
Manual, an airplane logbook entry is not required for the tire pressure
check.
We agree to clarify why a logbook entry is not required. A
maintenance record could be made in the traditional airplane logbook.
However, as a practical matter, we do not advocate carrying this
logbook aboard the airplane. Alternatively, according to FAA Advisory
Circular 43-9C, dated June 8, 1998, titled ``Maintenance Records,'' the
maintenance records may be kept in any format that provides continuity,
includes required contents, lends itself to the addition of new
entries, provides for signature entry, and is intelligible. Airplane
logbooks are one form of recording maintenance. For the purposes of
this AD, the example of a tire pressure check record given in Learjet
TR 12-16, dated March 18, 2009, is one method that meets this
requirement. We have not changed the AD in this regard.
Request for Definition
Cloud Nine Aviation requests that we define, within the content of
Learjet TR 12-16, dated March 18, 2009, to the Learjet 60 Maintenance
Manual, what is meant by keeping the dual main gear tire pressures ``as
close as possible.''
We agree to define the term. The specified normal cold tire
operating pressure range (10 pounds per square inch gauge difference)
is sufficient. Ideally, the closer the pressures are, the better to
minimize unequal tire loading between adjacent tires. We have not
changed the AD in this regard.
Request for Clarification
Aviation Properties requests that we clarify the difference between
``will'' and ``should'' for checking tire pressure on airplanes parked
for extended periods (10 or more consecutive days) within the content
of Learjet TR 12-16, dated March 18, 2009, to the Learjet 60
Maintenance Manual, and Temporary Flight Manual Change 2009-03, dated
March 9, 2009, to the Learjet 60 and Learjet 60XR AFMs.
We agree to clarify the terms following a discussion with Learjet
Inc. In the AFM, the term ``will'' does not mean that a tire pressure
check is required every 10 days. The appropriate reference for
servicing the tires is the AMM. Chapter 12 of the AMM stipulates the
minimum acceptable tire pressure ranges and associated actions (Table
301) and recommends that the tire pressures ``should'' be checked every
10 days while the airplane is parked. It is up to the individual owner/
operator to determine if every 10 days is feasible. However, if the
tires have been rolled or taxied below the minimums specified in the
AMM, they may not be used and are scrap. We have not changed the AD in
this regard.
Request for Clarification of AMM Requirement
Aviation Properties requests that we clarify what is required by
the AMM versus section 43.9 of the Federal Aviation Regulations (14 CFR
43.9). The commenter states that Learjet TR 12-16, dated March 18,
2009, to the Learjet 60 Maintenance Manual, required as proposed in the
NPRM, specifies both the date and time of each pressure check, while 14
CFR 43.9 requires only the date.
We agree to clarify the requirement. The step-by-step instructions
remain in the appropriate chapter of the AMM. As the commenter
mentions, 14 CFR 43.9 does not require recording time of completion or
documentation of tire pressure values. However, the critical aspect of
this AD is time. We specified 96 hours between tire pressure checks to
be more precise, as opposed to calendar days which could potentially
lead to a longer interval between checks. Therefore, it is an
additional requirement above the minimum specified in 14 CFR 43.9.
We placed the tire pressure check requirement in the AFM to
emphasize to the flightcrew the critical nature of tire pressure for
safely operating the airplane. We decided that the pilot, as the person
ultimately responsible for the outcome of the flight, should be made
directly aware of this requirement and be able to take steps to ensure
that it is satisfied. We have not changed the AD in this regard.
Request for Information About AMM Reference
Aviation Properties states that within the content of Learjet TR
12-16, dated March 18, 2009, to the Learjet 60 Maintenance Manual, the
statement ``Do not decrease pressure of a hot tire'' could not be found
in the previous revision of Section 12-10-05, Section 1, of the Learjet
60 Maintenance Manual. The commenter speculates that since the
statement was not in the previous
[[Page 32259]]
revision, the tires on the incident airplane may have been under-
serviced.
We infer that the commenter requests that we clarify the manual
reference. The quoted statement is found in Section 12-10-05, Section
1, Paragraph 15(f), of the previous revision of the Learjet 60
Maintenance Manual dated June 27, 2005. We have not changed the AD in
this regard.
Explanation of Change Made to This AD
We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We also determined that
this change will not increase the economic burden on any operator or
increase the scope of the AD.
Explanation of Change to Costs of Compliance
Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.
Costs of Compliance
We estimate that this AD affects 240 airplanes of U.S. registry. We
also estimate that it takes about 1 work-hour per product to comply
with this AD. The average labor rate is $85 per work-hour. Based on
these figures, we estimate the cost of this AD to the U.S. operators to
be $20,400, or $85 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
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 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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD:
2010-11-11 Learjet Inc.: Amendment 39-16316. Docket No. FAA-2009-
0495; Directorate Identifier 2009-NM-049-AD.
Effective Date
(a) This airworthiness directive (AD) is effective July 13,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Learjet Inc. Model 60 airplanes,
certificated in any category, serial numbers 60-002 through 60-369
inclusive.
Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
gear.
Unsafe Condition
(e) This AD results from a report of the main landing gear tires
blowing out during a takeoff roll. The Federal Aviation
Administration is issuing this AD to prevent tire failure, which
could result in failures of the braking and thrust reverser systems.
In a critical phase of operation such as takeoff, loss of airplane
control may result.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Revise the Maintenance Manual (MM)
(g) Within 14 days after the effective date of this AD, revise
the Tire--Servicing Section of the Learjet 60 MM to include the
information in Learjet 60 Temporary Revision (TR) 12-16, dated March
18, 2009.
Note 1: The actions required by paragraph (g) of this AD may be
done by inserting a copy of Learjet 60 TR 12-16, dated March 18,
2009, into the Learjet 60 MM. When the TR has been included in
general revisions of the Learjet 60 MM, the general revisions may be
inserted in the MM, provided the relevant information in the general
revision is identical to that in the TR.
Revise the Airplane Flight Manual (AFM)
(h) Within 14 days after the effective date of this AD, revise
the Tires Limitations Section of the Learjet 60 AFM or Learjet 60XR
AFM, as applicable, to include the information in the Learjet 60
Temporary Flight Manual Change (TFMC) 2009-03, dated March 9, 2009.
Thereafter, operate the airplane according to the limitations and
procedures in the TFMC.
Note 2: The actions required by paragraph (h) of this AD may be
done by inserting a copy of Learjet 60 TFMC 2009-03, dated March 9,
2009, into the Learjet 60 AFM or Learjet 60XR AFM, as applicable.
When Learjet 60 TFMC 2009-03 has been included in general revisions
of the applicable AFM, the general revisions may be inserted in the
applicable AFM, provided the relevant information in the general
revision is identical to that in the TFMC.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, Wichita Aircraft Certification Office, 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: Don
Ristow, Aerospace Engineer, Mechanical Systems and Propulsion
Branch, ACE-116W, Wichita Aircraft Certification Office, FAA, 1801
Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas
67209; telephone (316) 946-4120; fax (316) 946-4107.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies,
[[Page 32260]]
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office. The AMOC
approval letter must specifically reference this AD.
Material Incorporated by Reference
(j) You must use Learjet 60 Temporary Revision 12-16, dated
March 18, 2009, to the Learjet 60 Maintenance Manual; and Learjet 60
Temporary Flight Manual Change 2009-03, dated March 9, 2009, to the
Learjet 60 or Learjet 60XR Airplane Flight Manual; as applicable; to
do the actions required by this AD, unless the AD specifies
otherwise. (The issue date of Learjet 60 Temporary Flight Manual
Change 2009-03 is specified only on the first page of the document.)
(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
Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942;
telephone 316-946-2000; fax 316-946-2220; e-mail
ac.ict@aero.bombardier.com; Internet https://www.bombardier.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference 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 Renton, Washington, on April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-12676 Filed 6-7-10; 8:45 am]
BILLING CODE 4910-13-P