[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Proposed Rules]
[Pages 43314-43316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20502]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-280-AD]


Airworthiness Directives; Raytheon (Beech) Model 400A Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Raytheon (Beech) Model 
400A airplanes. This proposal would require replacement of the fuel 
drain tube assembly in the aft fuselage with a new, modified assembly. 
This proposal is prompted by a report of chafing of the fuel tube 
assembly against the elevator control cable due to inadequate clearance 
between the components. The actions specified by the proposed AD are 
intended to prevent chafing of the fuel drain tube assembly, which 
could result in fuel leakage from the fuel drain tube assembly and 
consequent risk of a fire.

DATES: Comments must be received by September 9, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-280-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Raytheon Aircraft Company, Manager Service Engineering, 
Hawker Customer Support Department, P. O. Box 85, Wichita, Kansas 
67201-0085. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington or at 
the FAA, Small Airplane Directorate, Wichita Aircraft Certification 
Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, 
Kansas.

FOR FURTHER INFORMATION CONTACT: Scott West, Aerospace Engineer, 
Systems and Propulsion Branch, ACE-116W, FAA, Small Airplane 
Directorate, Wichita Aircraft Certification Office, 1801 Airport Road, 
Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 
946-4146; fax (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact

[[Page 43315]]

concerned with the substance of this proposal will be filed in the 
Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-280-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 98-NM-280-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report of chafing on the fuel drain tube 
assembly in the aft fuselage on a Raytheon (Beech) Model 400A airplane. 
Further investigation revealed that the elevator control cable 
contacted the fuel drain tube assembly due to inadequate clearance 
between the components. This condition, if not corrected, could result 
in fuel leakage from the fuel drain tube assembly and consequent risk 
of a fire.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Raytheon Aircraft Service 
Bulletin SB.28-3076, dated October, 1997, which describes procedures 
for replacement of the existing fuel drain tube assembly with a new, 
modified assembly. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously.

Cost Impact

    There are approximately 92 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 72 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
8 work hours per airplane to accomplish the proposed action, and that 
the average labor rate is $60 per work hour. Required parts would cost 
approximately $21 per airplane. Based on these figures, the cost impact 
of the proposed AD on U.S. operators is estimated to be $36,072, or 
$501 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. However, the FAA has been 
advised that manufacturer warranties are available for parts associated 
with accomplishing the replacement action required by this proposed AD. 
Therefore, the future economic cost impact of this rule on U.S. 
operators may be less than the cost impact figure indicated above.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Raytheon Aircraft Company (Formerly Beech): Docket 98-NM-280-AD.

    Applicability: Model 400A airplanes, serial numbers RK-1 through 
RK-92 inclusive, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent chafing of the fuel drain tube assembly, which could 
result in fuel leakage from the fuel drain tube assembly and 
consequent risk of fire, accomplish the following:

Replacement

    (a) At the next scheduled inspection, but no later than 200 
flight hours after the effective date of this AD, replace the 
existing aft fuselage fuel drain tube assembly, part number (P/N) 
128-920151-1, with a new, modified tube assembly, P/N 128-920237-1, 
in accordance with Raytheon Aircraft Service Bulletin SB.28-3076, 
dated October, 1997.

Spares

    (b) As of the effective date of this AD, no person shall install 
a fuel drain tube assembly, P/N 128-920151-1, on any airplane.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Wichita Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Wichita ACO.

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

Special Flight Permits

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


[[Page 43316]]


    Issued in Renton, Washington, on August 4, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-20502 Filed 8-9-99; 8:45 am]
BILLING CODE 4910-13-P