[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Rules and Regulations]
[Pages 37319-37321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13289]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-19-AD; Amendment 39-12763; AD 2002-11-02]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Model 390 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Raytheon Aircraft Company (Raytheon) Model 390 
airplanes. This AD requires you to insert a temporary change into the 
FAA-approved Airplane Flight Manual (AFM) that adds a limitation for 
prohibiting flight into icing conditions and adds procedures for when 
an icing condition occurs. This AD is the result of reports of a 
manufacturing problem with the wing leading edge anti-ice system. The 
actions specified by this AD are intended to minimize the potential 
hazards associated with operating these airplanes in icing conditions 
by providing procedures and limitations associated with such 
conditions.

DATES: This AD becomes effective on June 14, 2002.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before July 5, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-19-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-19-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get the service information referenced in this AD from 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 429-5372 or (316) 676-3140. You may view this 
information at FAA, Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2002-CE-19-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Paul DeVore, Aerospace Engineer, FAA, 
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, 
Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-
4142; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

[[Page 37320]]

Discussion

What Events Have Caused this AD?

    The FAA has received reports from Raytheon that indicate during 
maintenance on one of the affected airplanes, it was discovered that 
the airflow paths of the anti-ice system between the outer skin and 
inner leading edge skin of the wing were obstructed. The obstruction is 
caused by sealant that is applied to the wing leading edge during 
manufacture. This condition has been found on six other affected 
airplanes. Obstruction of the airflow paths prevents the hot air from 
the anti-ice system from properly distributing heat on the wing leading 
edge. Heat is necessary on the wing leading edge to prevent leading 
edge ice formation or runback ice.

What Are the Consequences If the Condition Is Not Corrected?

    This condition, if not corrected, could result in ice formation on 
the wing leading edges and the upper and lower wing surfaces during 
flight in icing conditions. Ice formation on the wings could cause 
symmetric or asymmetric loss of lift, degradation of handling 
qualities, and increased drag of the airplane.

Is There a Modification I Can Incorporate Instead of Adding the 
Temporary Changes to the Airplane Flight Manual (AFM)?

    The FAA has determined that long-term continued operational safety 
would be better assured by design changes that remove the source of the 
problem rather than by temporary changes to the AFM or other special 
procedures. With this in mind, we will continue to work with Raytheon 
in collecting information to determine whether a future design change 
may be necessary.

The FAA's Determination and an Explanation of the Provisions of This 
AD--What Has FAA Decided?

    The FAA has reviewed all available information and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Raytheon Model 390 airplanes of the same type design; 
and
--AD action should be taken in order to correct this unsafe condition.

What Does This AD Require?

    This AD requires you to insert a temporary change into the FAA-
approved AFM that adds a limitation for prohibiting flight into icing 
conditions and adds procedures for when an icing condition occurs.
    In preparation of this rule, we contacted type clubs and aircraft 
operators to obtain technical information and information on 
operational and economic impacts. We did not receive any information 
through these contacts. If received, we would have included, in the 
rulemaking docket, a discussion of any information that may have 
influenced this action.

Will I Have the Opportunity To Comment Prior to the Issuance of the 
Rule?

    Because the unsafe condition described in this document could 
result in ice formation on the wings, we find that notice and 
opportunity for public prior comment are impracticable. Therefore, good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

How Do I Comment on This AD?

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, FAA invites your 
comments on the rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments to the address specified under the caption 
ADDRESSES. We will consider all comments received on or before the 
closing date specified above. We may amend this rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether we need to take additional rulemaking 
action.

Are There Any Specific Portions of the AD I Should Pay Attention To?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may view all comments we receive 
before and after the closing date of the rule in the Rules Docket. We 
will file a report in the Rules Docket that summarizes each FAA contact 
with the public that concerns the substantive parts of this AD.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-19-AD.'' We will date stamp and 
mail the postcard back to you.

Compliance Time of This AD

What Is the Compliance Time of This AD?

    The compliance time of this AD is ``within the next 15 calendar 
days after the effective date of this AD.''

Why Is the Compliance Time Presented in Calendar Time Instead of Hours 
Time-in-Service (TIS)?

    Although ice formation on the wings is only unsafe during flight, 
this unsafe condition is not a result of the number of times the 
airplane is operated. The chance of this situation occurring is the 
same for an airplane with 10 hours time-in-service (TIS) as it would be 
for an airplane with 500 hours TIS. For this reason, the FAA has 
determined that a compliance based on calendar time should be utilized 
in this AD in order to assure that the unsafe condition is addressed on 
all airplanes in a reasonable time period.

Regulatory Impact

Does This AD Impact Various Entities?

    These regulations 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. Therefore, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    We have determined that this regulation is an emergency regulation 
that must be issued immediately to correct an unsafe condition in 
aircraft, and is not a significant regulatory action under Executive 
Order 12866. It has been determined further that this action involves 
an emergency regulation under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). If it is determined that this 
emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration

[[Page 37321]]

amends 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.


[sect] 39.13  [Amended]

    2. FAA amends [sect] 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

2002-11-02 Raytheon Aircraft Company: Amendment 39-12763; Docket No. 
2002-CE-19-AD.
    (a) What airplanes are affected by this AD? This AD applies to 
the following airplanes that are certificated in any category:

------------------------------------------------------------------------
              Model                             Serial Nos.
------------------------------------------------------------------------
390.............................  RB-4 through RB-14, RB-20 through RB-
                                   22, RB-24 through RB-32, and RB-34.
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    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent ice formation on the wing leading 
edges and the upper and lower wing surfaces during flight in icing 
conditions. Ice formation on the wings could cause symmetric or 
asymmetric loss of lift, degradation of handling qualities, and 
increased drag of the airplane.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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Insert page 2 (Limitations    Within the next 15    Incorporating the
 Section) and page 3           calendar days after   AFM revisions, as
 (Abnormal Procedures          June 14, 2002 (the    required by this
 Section) of Raytheon          effective date of     AD, may be
 Temporary Change, Part        this AD).             performed by anyone
 Number (P/N) 390-590001-                            who holds at least
 0003BTC1, dated April 29,                           a private pilot
 2002, into the FAA-approved                         certificate, as
 Airplane Flight Manual                              authorized by
 (AFM).                                              section 43.7 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.7. You must make
                                                     an entry into the
                                                     aircraft records
                                                     that shows
                                                     compliance with
                                                     this AD, in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
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    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Wichita Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Wichita ACO.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Paul DeVore, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; 
telephone: (316) 946-4142; facsimile: (316) 946-4407.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) When does this amendment become effective? This amendment 
becomes effective on June 14, 2002.

    Issued in Kansas City, Missouri, on May 20, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-13289 Filed 5-28-02; 8:45 am]
BILLING CODE 4910-13-P