[Federal Register Volume 68, Number 198 (Tuesday, October 14, 2003)]
[Proposed Rules]
[Pages 59138-59139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25867]



[[Page 59138]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-277-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Model Hawker 800XP 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 Hawker 
800XP airplanes. This proposal would require replacement of certain 
existing pitot probes with new probes. This action is necessary to 
prevent loss or fluctuation of indicated airspeed, which could result 
in seriously misleading information being provided to the flightcrew. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by November 28, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-277-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. 2002-NM-277-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 or 2000 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: Chris B. Morgan, Aerospace Engineer, 
Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft 
Certification Office, 1801 Airport Road, Room 100, Mid-Continent 
Airport, Wichita, Kansas 67209; telephone (316) 946-4154; 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 2002-NM-277-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. 2002-NM-277-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received several reports of in-flight loss of airspeed 
indication on Raytheon Model Hawker 800XP airplanes. One report 
indicated that the operator reported two occurrences of the following 
indications while flying the airplane at 41,000 feet in the vicinity of 
clouds: (1) Mach trim warning, (2) autopilot disconnect, and (3) 
airspeed indication (lost airspeed indication was on both sides the 
first time, and was lost on one side with an inaccurate reading on the 
other side the second time).
    The cause of the loss of airspeed indication has been attributed to 
the freezing over of pitot probes in icing conditions above the 29,000-
foot parameter defined in Appendix C of part 25 of the Federal Aviation 
Regulations (14 CFR part 25). The heater inside the pitot probes is not 
powerful enough to prevent the accumulation of ice on the probes during 
conditions of high moisture content and lower temperatures. As ice 
forms on the pitot probes, it blocks the airflow into the instruments. 
This condition, if not corrected, could result in loss or fluctuation 
of indicated airspeed, which could result in seriously misleading 
information being provided to the flightcrew.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Raytheon Service Bulletin SB 34-
3412, dated March 2001, which describes procedures for replacement of 
certain existing pitot probes with new probes having increased heating 
capability. The replacement includes installing a new ammeter, two new 
shunts, and improved electrical wiring. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition.

Explanation of Requirements of Proposed AD

    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.

Differences Between the Service Bulletin and This Proposed AD

    The service bulletin recommends accomplishing the replacement ``no 
later than the next 24 month inspection''; however, this proposed AD 
would require that the replacement be done at the next 24-month 
inspection, but no later than 6 months after the effective date of the 
AD. In developing an appropriate compliance time for this proposed AD, 
we have considered the degree of urgency associated with the

[[Page 59139]]

subject unsafe condition, in addition to the fact that maintenance 
schedules vary among operators, depending on the average utilization of 
the affected fleet and the time necessary to perform the actions. In 
light of these factors, we find that this compliance time represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety.
    Although the Accomplishment Instructions of the service bulletin 
describe procedures for reporting accomplishment of the service 
bulletin to Raytheon Aircraft Company, this proposed AD would not 
require that action.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, we 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 
(AMOCs). Because we have now included this material in part 39, only 
the office authorized to approve AMOCs is identified in each individual 
AD.

Labor Rate Increase

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 224 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 155 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
50 work hours per airplane to accomplish the proposed actions, and that 
the average labor rate is $65 per work hour. Required parts would cost 
approximately $11,425 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$2,274,625, or $14,675 per airplane.
    The cost impact figure discussed above is 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. The manufacturer may 
cover the cost of replacement parts associated with this proposed AD, 
subject to warranty conditions. Manufacturer warranty remedies may also 
be available for labor costs associated with this proposed AD. As a 
result, the costs attributable to the proposed AD may be less than 
stated above.

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: Docket 2002-NM-277-AD.

    Applicability: Model Hawker 800XP airplanes having serial number 
258266 and serial numbers 258277 through 258500 inclusive; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loss or fluctuation of indicated airspeed, which 
could result in seriously misleading information being provided to 
the flightcrew, accomplish the following:

Replacement

    (a) At the next scheduled 24-month inspection, but no later than 
6 months after the effective date of this AD: Replace the existing 
Rosemount Aerospace 853JF pitot probes with new Rosemount Aerospace 
853JF1 pitot probes (includes installing a new ammeter, two new 
shunts, and improved electrical writing), by doing all the actions 
in paragraph 3.A. of the Accomplishment Instructions of Raytheon 
Service Bulletin SB 34-3412, dated March 2001. Do the actions per 
the service bulletin.

Parts Installation

    (b) As of the effective date of this AD, no person shall install 
a Rosemount Aerospace 853JF pitot probe, or an ammeter having P/N 
2132-01-0017, on any airplane.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Wichita 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Issued in Renton, Washington, on October 7, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-25867 Filed 10-10-03; 8:45 am]
BILLING CODE 4910-13-U