[Federal Register Volume 67, Number 185 (Tuesday, September 24, 2002)]
[Rules and Regulations]
[Pages 59775-59777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23880]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-37-AD; Amendment 39-12884; AD 2002-19-04]
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 replace the inboard fuel probe 
mounting brackets with ones of improved design. This AD is the result 
of reports of a design problem with the fuel probe

[[Page 59776]]

assembly brackets. The actions specified by this AD are intended to 
correct the required air gap clearance between the fuel probe and the 
adjacent wing fuel tank access panel, which could result in arcing 
between the two conductive materials in the event of a lightning 
strike. This could serve as an ignition source inside the fuel tank and 
result in fire or explosion.

DATES: This AD becomes effective on October 4, 2002.
    The Director of the Office of the Federal Register approved the 
incorporation by reference of certain publications listed in the 
regulations as of October 4, 2002.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before November 8, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-37-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-37-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-37-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: James P. Galstad, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Wichita, Kansas 67209; telephone: (316) 946-4135; facsimile: (316) 
946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The FAA has received a report that, during factory testing on a 
Model 390 airplane, serial number RB-16, the inboard forward fuel probe 
of both the left and right wing did not have proper clearance between 
the inboard fuel probe and the adjacent fuel access panel domed 
nutplate. Allowances for the nutplates were omitted from the design of 
the fuel probe brackets. Specific air gap clearance between the inboard 
fuel probe and the adjacent fuel access panel domed nutplate is 
necessary in order to prevent possible arcing between the two 
conductive materials.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not corrected, could result in arcing between 
the two conductive materials in the event of a lightning strike. This 
could serve as an ignition source inside the fuel tank and result in 
fire or explosion.

Is There Service Information That Applies to This Subject?

    Raytheon has issued Mandatory Service Bulletin SB 28-3537, Rev. 1, 
Revised: August, 2002.
    The service bulletin includes procedures for replacing the inboard 
fuel probe mounting brackets with ones of improved design.

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 replace the inboard fuel probe mounting 
brackets with ones of improved design.
    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 fire or explosion, 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-37-AD.'' We will date stamp and 
mail the postcard back to you.

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

[[Page 59777]]

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, Incorporation by 
reference, Safety.

Adoption of the Amendment

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

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. FAA amends Sec.  39.13 by adding a new airworthiness directive 
(AD) to read as follows:

2002-19-04 Raytheon Aircraft Company: Amendment 39-12884; Docket No. 
2002-CE-37-AD.

    (a) What airplanes are affected by this AD? This AD applies to 
Model 390 airplanes, serial numbers RB-4 through RB-15, RB-19 
through RB-32, and RB-34 through RB-40, that are certificated in any 
category.
    (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 correct the air gap clearance between the 
fuel probe and the adjacent wing fuel tank access panel, which could 
result in arcing between the two conductive materials in the event 
of a lightning strike. This could serve as an ignition source inside 
the fuel tank and result in fire or explosion.
    (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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(1) Replace the existing      Within the next 50    In accordance with
 upper and lower fuel probe    hours time-in-        Raytheon Aircraft
 brackets with new upper and   service after         Mandatory Service
 lower fuel probe brackets,    October 4, 2002       Bulletin SB 28-
 part numbers 390-920304-001/  (the effective date   3537, Rev. 1,
 002 (upper) and 390-920305-   of this AD).          Revised: August,
 001/002 (lower), or FAA-                            2002.
 approved equivalent part
 numbers.
-----------------------------
(2) Do not install upper and  As of October 4,      Not applicable.
 lower fuel probe brackets     2002 (the effective
 that are not part numbers     date of this AD).
 390-920304-001/002 (upper)
 and 390-920305-001/002
 (lower), or FAA-approved
 equivalent part numbers.
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    Note 1: The compliance time of this AD differs from that 
specified in Raytheon Aircraft Mandatory Service Bulletin SB 28-
3537, Rev. 1, Revised: August, 2002. This AD takes precedence over 
any other information on the affected airplanes.

    (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 2: 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 James P. Galstad, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4135; 
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 
Sec. Sec.  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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance with 
Raytheon Aircraft Mandatory Service Bulletin SB 28-3537, Rev. 1, 
Revised: August, 2002. The Director of the Federal Register approved 
this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 
51. You may get copies from Raytheon Aircraft Company, P.O. Box 85, 
Wichita, Kansas 67201-0085; telephone: (800) 429-5372 or (316) 676-
3140. You may view copies at the FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on October 4, 2002.


    Issued in Kansas City, Missouri, on September 13, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-23880 Filed 9-23-02; 8:45 am]
BILLING CODE 4910-13-U