[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Proposed Rules]
[Pages 64996-64998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28737]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-46-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Model 1900, 
1900C, 1900C (C-12J), and 1900D Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
the comment period.

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to revise an earlier proposed airworthiness 
directive (AD) that applies to certain Raytheon Aircraft Company 
(Raytheon) Model 1900, 1900C, 1900C (C-12J), and 1900D airplanes that 
do not have canted bulkhead Kit No. 129-4005-1 S incorporated. The 
earlier NPRM would have required you to repetitively inspect the canted 
bulkhead located at Fuselage Station (FS) 588.10 for cracks. If cracks 
are found that exceed certain limits, the NPRM would have required you 
to incorporate canted bulkhead Kit No. 129-4005-1 S as terminating 
action for the proposed AD repetitive inspection requirement. When Kit 
No. 129-4005-1 S is incorporated, no further action is required. The 
earlier NPRM resulted from numerous reports of multi-site cracks 
occurring in the canted bulkhead at Fuselage Station 588.10. The NPRM 
contradicts the FAA's policy to disallow airplane operation when known 
cracks exist in primary structure. You should have the kit incorporated 
anytime a crack is found and we are revising the NPRM accordingly. 
Since this action imposes an additional burden over that proposed in 
the earlier NPRM, we are reopening the comment period to allow the 
public the chance to comment on these revised actions.

DATES: We must receive any comments on this proposed AD by January 16, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
    [sbull] By mail: FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 95-CE-46-AD, 901 Locust, Room 506, 
Kansas City, Missouri 64106.
    [sbull] By fax: (816) 329-3771.
    [sbull] By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 95-CE-46-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.
    You may get the service information identified in this proposed AD 
from Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-
0085; telephone: (800) 429-5372 or (316) 676-3140.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 95-CE-46-AD, 901 Locust, 
Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. to 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven E. Potter, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Wichita, 
Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. 95-CE-46-AD'' in the 
subject line of your comments. If you want us to acknowledge receipt of 
your mailed comments, send us a self-addressed, stamped postcard with 
the docket number written on it. We will date-stamp your postcard and 
mail it back to you.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention To?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. If you 
contact us through a nonwritten communication and that contact relates 
to a substantive part of this proposed AD, we will summarize the 
contact and place the summary in the docket. We will consider all 
comments received by the closing date and may amend this proposed AD in 
light of those comments and contacts.

Discussion

What Events Have Caused the Earlier Proposed AD?

    The FAA has received numerous reports of multi-site cracks in the 
canted bulkhead at Fuselage Station (FS) 558.10 on 3 Raytheon Model 
1900, 1900C, and 1900D airplanes. These cracks were found at the outer 
flange radius and outer flange stringer cutouts of the canted bulkhead.

Has FAA Taken Any Action to This Point?

    We issued a proposal to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that would apply to 
certain Raytheon Model 1900, 1900C, 1900C (C-12J), and 1900D airplanes 
that do not have canted bulkhead Kit No. 129-4005-1 S incorporated. 
This proposal was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on October 4, 1995 (60 FR 51944). The 
earlier NPRM proposed to require you to:
    --repetitively inspect the canted bulkhead located at FS 588.10 for 
cracks; and
    --incorporate canted bulkhead Repair Kit No. 129-4005-1 S if cracks 
exceed certain limits and as a terminating action for the repetitive 
inspection requirement.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. We received two comments in support of the proposed 
rule.

What Has Happened To Initiate This Supplemental NPRM?

    As currently written, the existing NPRM allows continued flight if 
cracks are found in the canted bulkhead located at FS 588.10 that do 
not exceed certain limits. The NPRM contradicts the FAA's policy to 
disallow airplane operation when known cracks exist in primary 
structure, unless the ability to sustain ultimate load with these 
cracks is proven. The canted bulkhead located at FS 588.10 is 
considered primary structure, and the FAA has not received any analysis 
to prove that ultimate load can be sustained with cracks in this

[[Page 64997]]

area. For this reason, the FAA has determined that the crack limits 
contained in the NPRM should be eliminated and that AD action should be 
taken to require immediate incorporation of canted bulkhead Repair Kit 
No. 129-4005-1 S anytime a crack is found.
    Raytheon has revised Service Bulletin SB 53-2564, Revision 2, 
Revised: July 2003, to remove flight with allowable crack limits.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not detected and corrected, could prevent the 
bulkhead from carrying its ultimate design load because of cracks in 
the canted bulkhead. Failure of the bulkhead could affect the rudder 
cable tension and result in loss of rudder control.

FAA's Determination and Requirements of This Proposed AD

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information related to the incidents described above, we have 
determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Raytheon Model 1900, 1900C, 1900C (C-12J), and 1900D 
airplanes of the same type design that do not have canted bulkhead 
Repair Kit No. 129-4005-1 S incorporated airplanes:
--The NPRM should be changed to disallow airplane operation when known 
cracks exist in primary structure; and
--AD action should be taken in order to correct this unsafe condition.

The Supplemental NPRM

How Will the Changes to the NPRM Impact the Public?

    Proposing that the NPRM disallow flight with cracks imposes an 
additional burden over that proposed in the earlier NPRM. Therefore, we 
are reopening the comment period to allow the public the chance to 
comment on these revised actions.

What Are the Provisions of the Supplemental NPRM?

    The proposed AD would require you to:

--Repetitively inspect the canted bulkhead located at FS 588.10 for 
cracks; and
--Incorporate canted bulkhead Repair Kit No. 129-4005-1 S if any cracks 
are found and as a terminating action for the repetitive inspection 
requirement. When Kit No. 129-4005-1 S is incorporated, no further 
action is required.

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

    On July 10, 2002, we 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 altered products, 
special flight permits, and alternative methods of compliance. 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.

Costs of Compliance

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 364 airplanes in the U.S. 
registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish this proposed 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                Total cost per
                  Labor cost                      Parts cost       airplane       Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 per hour = $130.............  Not applicable            $130  $130 x 364 = $47,320.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish this proposed 
modification:

----------------------------------------------------------------------------------------------------------------
                                                                Total cost per
                  Labor cost                      Parts cost       airplane       Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
80 workhours x $65 per hour = $5,200..........            $718          $5,918  $5,918 x 364 = $2,154,152.
----------------------------------------------------------------------------------------------------------------

Regulatory Findings

Would This Proposed AD Impact Various Entities?

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed AD:
    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. 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.
    We prepared a summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 95-CE-46-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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.

[[Page 64998]]

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Raytheon Aircraft Company: Docket No. 95-CE-46-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by January 16, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that:
    (1) Do not have canted bulkhead Kit No. 129-4005-1 S 
incorporated; and
    (2) Are certificated in any category:

------------------------------------------------------------------------
                   Model                             Serial Nos.
------------------------------------------------------------------------
1900......................................  UA-1 through UA-3.
1900C.....................................  UB-1 through UB-74 and UC-1
                                             through UC-174.
1900C (C12J)..............................  UD-1 through UD-6.
1900D.....................................  UE-1 through UE-113.
------------------------------------------------------------------------

    (d) This AD is the result of FAA establishing a policy to 
disallow airplane operation when known cracks exist in primary 
structure. The actions specified in this AD are intended to detect 
and correct cracks in the canted bulkhead, which could result in 
failure of the bulkhead. Such failure could lead to loss of rudder 
control.

What Must I Do To Address This Problem?

    (e) To address this problem, you must accomplish the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect the canted bulkhead   Initially inspect   Per Raytheon
 at Fuselage Station 588.10 for    at whichever        Aircraft Company
 any signs of cracks.              occurs later,       Mandatory Service
                                   unless already      Bulletin SB 53-
                                   accomplished:       2564, Revision 2,
                                   Upon the            Revised: July
                                   accumulation of     2003.
                                   5,000 hours time-
                                   in-service (TIS)
                                   or within the
                                   next 600 hours
                                   TIS after the
                                   effective date of
                                   this AD. If no
                                   cracks are found,
                                   repetitively
                                   inspect
                                   thereafter at
                                   intervals not to
                                   exceed 600 hours
                                   TIS until Kit No.
                                   129-4005-1 S is
                                   incorporated.
                                   When Kit No. 129-
                                   4005-1 S is
                                   incorporated, no
                                   further action is
                                   required.
(2) If cracks exist or are found  Prior to further    Per Raytheon
 during any inspection required    flight after the    Aircraft Company
 in paragraph (e)(1) of this AD,   inspection in       Mandatory Service
 incorporate Kit No. 129-4005-1    which the cracks    Bulletin SB 53-
 S.                                are found or        2564, Revision 2,
                                   known to exist.     Revised: July
                                                       2003.
(3) Incorporating Kit No. 129-    Kit No. 129-4005-1  Per Raytheon
 4005-1 S is the terminating       S can be            Aircraft Company
 action for the repetitive         incorporated at     Mandatory Service
 inspection requirements           any time. When      Bulletin SB 53-
 specified in paragraph (e)(1)     incorporated, no    2564, Revision 2,
 of this AD.                       further action is   Revised: July
                                   required.           2003.
------------------------------------------------------------------------

What About Alternative Methods of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.13. Send your request to the Manager, Wichita Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact Steven E. 
Potter, Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 
946-4407.

How Do I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents 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 these documents at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on November 10, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-28737 Filed 11-17-03; 8:45 am]
BILLING CODE 4910-13-P