[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Proposed Rules]
[Pages 8563-8564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4234]



[[Page 8563]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-335-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Model Beech 400A and 400T 
Series 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 Model Beech 400A 
and 400T series airplanes. This proposal would require replacement of 
the low-pressure oxygen tubing located in the forward fuselage (nose 
avionics bay), lower forward flight deck, and lower forward cabin 
areas, as applicable, with new low-pressure oxygen tubing. This action 
is necessary to prevent leakage of oxygen from scored low-pressure 
oxygen tubing, which could result in lack of available oxygen for the 
flightcrew, or possible explosion or fire. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by April 10, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-335-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-335-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Raytheon Aircraft Company, Department 62, 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, Wichita Aircraft Certification Office, 1801 
Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas.

FOR FURTHER INFORMATION CONTACT: David Ostrodka, Aerospace Engineer, 
Systems and Propulsion Branch, ACE-118W, FAA, Wichita Aircraft 
Certification Office, 1801 Airport Road, Room 100, Mid-Continent 
Airport, Wichita, Kansas 67209; telephone (316) 946-4129; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-335-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. 2001-NM-335-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that, during production, 
damaged low-pressure oxygen tubing was found on eight Raytheon Model 
Beech 400A airplanes. The damage was created during tubing installation 
when a knife used to remove portions of the heat shrink protective 
sleeving scored the tubing. The sleeving was removed to provide 
adequate electrical bonding/grounding surfaces for the electrical 
bonding/grounding jumper assemblies. Leakage of oxygen from scored low-
pressure oxygen tubing could result in lack of available oxygen for the 
flightcrew, or possible explosion or fire.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Raytheon Service Bulletin SB 35-
3406, dated March 2001, which describes procedures for replacing low-
pressure oxygen tubing with new low-pressure oxygen tubing. 
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, except as discussed below.

Difference Between Proposed Rule and Service Bulletin

    The proposed AD would differ from the Raytheon service bulletin in 
that, for Raytheon Model Beech 400T series airplanes, the proposed AD 
would specify a compliance time of within 200 flight hours or 1 year 
from the effective date of the AD, whichever occurs first. The Raytheon 
service bulletin states that compliance time information for Model 
Beech 400T airplanes should be obtained from ``the appropriate 
headquarters.'' The FAA conducted a durability evaluation of the tubing 
material and concluded that, although the calculated stress remained 
below the endurance limit of the material, the vibratory nature of the 
installation was unknown. The conclusion was that a compliance time of 
within 200 flight hours or 1 year from the effective date of this AD 
would be a conservative estimate for the proposed replacement. The 
compliance time coincided with the next scheduled inspection for the 
majority of affected operators, providing minimal impact to the 
operators.

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Operators should note that this compliance time for Model Beech 400T 
series airplanes is equivalent to the compliance time specified in the 
Raytheon service bulletin for the affected Raytheon Model Beech 400A 
series airplanes.

Cost Impact

    There are approximately 34 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 27 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
25 work hours per airplane to accomplish the proposed replacement, and 
that the average labor rate is $60 per work hour. Required parts would 
cost approximately $1,052 per airplane. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$68,904, or $2,552 per airplane.
    The cost impact figures discussed above are 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 proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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 2001-NM-335-AD.

    Applicability: Model Beech 400A series airplanes, serial numbers 
RK-232 through RK-265 inclusive; and Model Beech 400T series 
airplane, serial number TX-10; 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 leakage of oxygen from scored low-pressure oxygen 
tubing, which could result in lack of available oxygen for the 
flightcrew, possible explosion, or fire, accomplish the following:

Replacement of Oxygen Tubing

    (a) For Model 400A series airplanes: Within 200 flight hours or 
1 year from the effective date of this AD, whichever occurs first, 
replace the low-pressure oxygen tubing located in the forward 
fuselage (nose avionics bay), lower forward flight deck, and lower 
forward cabin areas, as applicable, with new low-pressure oxygen 
tubing, per Part I of the Accomplishment Instructions specified in 
Raytheon Service Bulletin SB 35-3406, dated March 2001.
    (b) For Model 400T airplanes: Within 200 flight hours or 1 year 
from the effective date of this AD, whichever occurs first, replace 
the low-pressure oxygen tubing located in the forward fuselage (nose 
avionics bay), lower forward flight deck, and lower forward cabin 
areas, as applicable, with new low-pressure oxygen tubing, per Part 
II of the Accomplishment Instructions specified in Raytheon Service 
Bulletin SB 35-3406, dated March 2001.

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. 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.

    Issued in Renton, Washington, on February 14, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4234 Filed 2-21-03; 8:45 am]
BILLING CODE 4910-13-P