[Federal Register Volume 68, Number 101 (Tuesday, May 27, 2003)]
[Rules and Regulations]
[Pages 28702-28703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12843]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-335-AD; Amendment 39-13158; AD 2003-10-13]
RIN 2120-AA64


Airworthiness Directives; Raytheon Model Beech 400A and 400T 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Raytheon Model Beech 400A and 400T series 
airplanes, that requires 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: Effective July 1, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 1, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Raytheon Aircraft Company, Department 62, P.O. Box 85, 
Wichita, Kansas 67201-0085. This information may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, 
Mid-Continent Airport, Wichita, Kansas; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: David Ostrodka, Aerospace Engineer, 
Airframe and Services 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) 
946-4107.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Raytheon Model Beech 400A 
and 400T series airplanes was published in the Federal Register on 
February 24, 2003 (68 FR 8563). That action proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the notice of proposed rulemaking (NPRM) 
regarding that material.

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 
will be affected by this AD, that it will take approximately 25 work 
hours per airplane to accomplish the required replacement, and that the 
average labor rate is $60 per work hour. Required parts will cost 
approximately $1,052 per airplane. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $68,904, or 
$2,552 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD

[[Page 28703]]

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 adopted herein 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to 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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-10-13 Raytheon Aircraft Company (Formerly Beech): Amendment 39-
13158. 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 having 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 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 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Raytheon 
Service Bulletin SB 35-3406, dated March 2001. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Raytheon Aircraft Company, Department 62, P.O. Box 85, 
Wichita, Kansas 67201-0085. Copies may be inspected 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; 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., Suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on July 1, 2003.

    Issued in Renton, Washington, on May 16, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-12843 Filed 5-23-03; 8:45 am]
BILLING CODE 4910-13-P