[Federal Register Volume 68, Number 95 (Friday, May 16, 2003)]
[Rules and Regulations]
[Pages 26482-26484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12240]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-17-AD; Amendment 39-13150; AD 2003-10-05]
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 incorporate information into the 
FAA-approved Airplane Flight Manual (AFM) that would add requirements 
for ``Landing Performance for Operation of the Airplane with Lift Dump 
Inoperative.'' This AD is the result of two accidents on the affected 
airplanes where a contributing factor was the lift dump spoilers 
failing to deploy when commanded after the initial landing. The FAA 
previously issued AD 2003-07-09 affecting certain Model 390 airplanes. 
However, the airplane serial numbers included in this AD were 
inadvertently omitted from AD 2003-07-09. The actions specified by this 
AD are intended to require the use of necessary flight information to 
prevent runway overruns based on insufficient wheel braking if the lift 
dump spoilers do not operate after landing touchdown. This could result 
in reduced or loss of control of the airplane.

DATES: This AD becomes effective on May 30, 2003.
    The Director of the Federal Register previously approved the 
incorporation by reference of certain publications listed in the 
regulation as of April 7, 2003 (68 FR 16205, April 3, 2003).
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before July 2, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-17-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. 2003-CE-17-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, 9709 E. Central, 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. 2003-CE-17-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or at the Office of the Federal Register, 800 
North Capitol Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Derek Morgan, Flight Test Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Wichita, Kansas 67209; telephone: (316) 946-4172; facsimile: (316) 
946-4107.

[[Page 26483]]


SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The FAA has received information of an unsafe condition on Raytheon 
Model 390 airplanes. The current procedure for an annunciated lift dump 
failure is to increase landing distance by a factor of 1.53. In two 
recent accidents of these airplanes, the lift dump spoilers failed to 
deploy when commanded after touchdown.
    Whether loss of lift dump is annunciated or unannunciated after 
touchdown, the pilot (in most instances) does not have enough time to 
take effective corrective action.
    The FAA issued AD 2003-07-09 (68 FR 16203) on March 27, 2003, 
affecting certain Model 390 airplanes. However, airplane serial numbers 
RB-18 through RB-24 included in this AD were inadvertently omitted from 
AD 2003-07-09.

What Are the Consequences if the Condition Is Not Corrected?

    Without requiring the use of necessary flight information, runway 
overruns based on insufficient wheel braking could occur if the lift 
dump spoilers do not operate after landing touchdown. This could result 
in reduced or loss of control of the airplane.

Is There Service Information That Applies to This Subject?

    Raytheon has issued Temporary Change to the FAA Approved Airplane 
Flight Manual P/N 390-590001-0003BTC5A1, revised March 24, 2003. This 
document:

--Replaces the existing landing distance and brake energy charts with 
ones that reflect landing performance without the effects of lift dump 
spoilers; and
--Modifies all operating limitations to specify the use of these 
landing charts in determining the maximum landing weight.

    Raytheon is working toward a design that would eliminate the need 
for this Temporary AFM Change.

The FAA's Determination and an Explanation of the Provisions of This AD

What Has FAA Decided?

    The FAA has reviewed all available information, including the 
service information referenced above; 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;
--The information specified in the previously-referenced service 
information should be incorporated into the FAA-approved AFM; and
--AD action should be taken in order to correct this unsafe condition.

What Does This AD Require?

    This AD requires you to incorporate the previously-referenced 
service information into the FAA-approved AFM, which would add 
requirements for ``Landing Performance for Operation of the Airplane 
with Lift Dump Inoperative.''
    As specified previously, Raytheon is working toward a design that 
would eliminate the need for these requirements. If completed, FAA will 
evaluate and determine whether additional regulatory action is 
necessary.
    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.

How Does the Revision to 14 CFR Part 39 Affect This AD?

    On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we will not include it in 
future AD actions.

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 reduced or loss of control of the airplane during landing 
operations, 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 comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2003-CE-17-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 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

[[Page 26484]]

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

0
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

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

2003-10-05 Raytheon Aircraft Company: Amendment 39-13150; Docket No. 
2003-CE-17-AD.

    (a) What airplanes are affected by this AD? This AD applies to 
Model 390 airplanes, serial numbers RB-18 through RB-24, 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 require the use of necessary flight 
information to prevent runway overruns based on insufficient wheel 
braking if the lift dump spoilers do not operate after landing 
touchdown. This could result in reduced or loss of control of the 
airplane.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

------------------------------------------------------------------------
                Actions                             Compliance
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(1) Incorporate information into the     Within the next 5 hours time-in-
 FAA-approved Airplane Flight Manual      service (TIS) after May 30,
 (AFM) that would add requirements for    2003 (the effective date of
 ``Landing Performance for Operation of   this AD).
 the Airplane with Lift Dump
 Inoperative.'' Accomplish this action
 by inserting Raytheon Temporary Change
 to the FAA Approved Airplane Flight
 Manual P/N 390-590001-0003BTC5A1,
 revised March 24, 2003.
----------------------------------------
(2) The owner/operator holding at least  Within the next 5 hours TIS
 a private pilot certificate as           after May 30, 2003 (the
 authorized by section 43.7 of the        effective date of this AD).
 Federal Aviation Regulations (14 CFR
 43.7) may incorporate into the AFM the
 information specified in paragraph
 (d)(1) of this AD. Make an entry into
 the aircraft records showing
 compliance with this portion of the AD
 in accordance with section 43.9 of the
 Federal Aviation Regulations (14 CFR
 43.9).
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    (e) Are special flight permits authorized for this AD? Special 
flight permits are not authorized for this AD. On July 10, 2002, FAA 
published a new version of 14 CFR part 39 (67 FR 47997, July 22, 
2002), which governs FAA's AD system. Part of this amendment to 14 
CFR part 39 authorized special flight permits for all ADs, unless 
specified otherwise. Because the owner/operator holding an 
appropriate pilot's license may accomplish the action of this AD and 
the compliance time is 5 hours TIS after the AD effective date, FAA 
has determined that special flight permits are not necessary for 
this AD.
    (f) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, 
follow the procedures in 14 CFR 39.19. Send these requests to the 
Manager, Wichita Aircraft Certification Office (ACO). For 
information on any already approved alternative methods of 
compliance, contact Derek Morgan, Flight Test Engineer, FAA, Wichita 
Aircraft Certification Office, 1801 Airport Road, Room 100, Wichita, 
Kansas 67209; telephone: (316) 946-4172; facsimile: (316) 946-4107.
    (g) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Raytheon Temporary Change to the FAA Approved Airplane Flight 
Manual P/N 390-590001-0003BTC5A1, revised March 24, 2003. The 
Director of the Federal Register previously approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51 
as of April 7, 2003 (68 FR 16205, April 3, 2003). You can get copies 
from Raytheon Aircraft Company, 9709 E. Central, 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, 901 Locust, Room 506, Kansas City, Missouri, or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (h) When does this amendment become effective? This amendment 
becomes effective on May 30, 2003.

    Issued in Kansas City, Missouri, on May 12, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-12240 Filed 5-15-03; 8:45 am]
BILLING CODE 4910-13-P