[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Proposed Rules]
[Pages 12807-12810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6113]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 53 / Thursday, March 18, 2004 / 
Proposed Rules  

[[Page 12807]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-51-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company 65, 90, 99, 
100, 200, and 1900 Series Airplanes, and Models 70 and 300 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 87-
22-01 R1, which applies to certain Raytheon Aircraft Company (Raytheon) 
65, 90, 99, 100, 200, and 1900 series airplanes, and Models 70 and 300 
airplanes. AD 87-22-01 R1 currently requires you to repetitively 
inspect the nose landing gear (NLG) fork for cracks. If cracks are 
found that exceed certain limits, AD 87-22-01 R1 requires you to 
replace the NLG fork with a serviceable part or an improved NLG fork 
(Kit No. 101-8030-1 S or Kit No. 114-8015-1 S, as applicable). 
Installing an improved NLG fork kit is terminating action for the 
repetitive inspection requirements. This proposed AD is the result of 
FAA's current policy to disallow airplane operation when known cracks 
exist in primary structure. This proposed AD would retain the 
inspection requirements of AD 87-22-01 R1 and would require you to 
incorporate an improved NLG fork kit anytime a crack is found. We are 
issuing this proposed AD to detect and correct cracks in the NLG fork, 
which could result in reduced structural integrity and inability of the 
NLG fork to carry design limit and ultimate loads. The reduced residual 
strength may cause separation failure of the NLG fork, which could 
result in loss of control of the airplane during take off, landing, and 
taxi operations.

DATES: We must receive any comments on this proposed AD by May 18, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     By mail: FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-51-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
     By fax: (816) 329-3771.
     By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2003-CE-51-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. 2003-CE-51-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 (ACO), 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. 2003-CE-51-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

    Has FAA taken any action to this point? Reports of cracks in the 
nose landing gear (NLG) fork on several Raytheon airplanes caused us to 
issue AD 87-22-01, Amendment 39-5748 and AD 87-22-01 R1, Amendment 39-
6312 against certain Raytheon 65, 90, 99, 100, 200, and 1900 series 
airplanes, and Models 70 and 300 airplanes.
    AD 87-22-01 required you to repetitively inspect the nose landing 
gear (NLG) fork for cracks. If cracks were found during any inspection 
that exceeded certain limits, you were required to replace the NLG fork 
with a serviceable part.
    AD 87-22-01 R1 retained the repetitive inspection and replacement 
requirements from AD 87-22-01. AD 87-22-01 R1 also introduced 
incorporating an improved NLG fork (Kit No. 101-8030-1 S or Kit No. 
114-8015-1 S, as applicable) as a terminating action for the repetitive 
inspection requirements.
    What has happened since AD 87-22-01 R1 to initiate this proposed 
action? As currently written, AD 87-22-01 R1 allows continued flight if 
cracks are found in the NLG fork that do not exceed certain limits. AD 
87-22-01 R1 contradicts the FAA's current policy to disallow airplane 
operation when known cracks exist in primary structure, unless the 
ability to sustain limit and ultimate load with these cracks is proven. 
The NLG fork is considered primary structure, and the FAA has not 
received any analysis to prove that limit and ultimate loads can be 
sustained with cracks in this area. For this reason, the FAA has 
determined that the crack limits contained in AD 87-22-01 R1 should be 
eliminated and that AD action should be taken to require immediate 
incorporation of Kit No. 101-8030-1 S or Kit No. 114-8015-1 S, as 
applicable, anytime a crack is found.
    This policy did not exist when we issued AD 87-22-01 and AD 87-22-
01 R1.
    What is the potential impact if FAA took no action? This condition, 
if not detected and corrected, could cause

[[Page 12808]]

failure of the NLG fork to carry design limit and ultimate loads. 
Failure of the NLG fork could result in loss of control of the airplane 
during take off, landing, and taxi operations.
    Is there service information that applies to this subject? Raytheon 
has issued Mandatory Service Bulletin SB 32-2102, Revision 7, Revised: 
July, 2003, to remove flight with allowable crack limits.
    What are the provisions of this service information? The service 
bulletin includes procedures for:
--inspecting the nose landing gear (NLG) fork assembly for cracks; and
--replacing the NLG fork assembly anytime cracks are found.

FAA's Determination and Requirements of this Proposed AD

    What has FAA decided? We have evaluated all pertinent information 
and identified an unsafe condition that is likely to exist or develop 
on other products of this same type design. Therefore, we are proposing 
AD action.
    What would this proposed AD require? This proposed AD would 
supersede AD 87-22-01 R1 with a new AD that would incorporate the 
actions in the previously-referenced service bulletin.
    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 approximately 5,296 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
            Labor cost                   Parts cost        per airplane        Total cost on  U.S. operators
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 per hour = $130.  Not applicable......            $130  $130 x 5,296 = $688,480.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of this 
proposed inspection. We have no way of determining the number of 
airplanes that may need this repair/replacement:

----------------------------------------------------------------------------------------------------------------
          Labor cost               Parts cost                           Total cost per kit
----------------------------------------------------------------------------------------------------------------
4 workhours x $65 per hour =    Kit No. 101-8030- Kit No. 101-8030-1 S: $260 + $4,152 = $4,412.
 $260.                           1 S = $4,152.
                                Kit No. 114-8015- Kit No. 114-8015-1 S: $60 + $4,210 = $4,470.
                                 1 S = $4,210.
----------------------------------------------------------------------------------------------------------------

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. 2003-CE-51-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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Airworthiness Directive 
(AD) 87-22-01 R1, Amendment 39-6312 and by adding a new AD to read as 
follows:

Raytheon Aircraft Company: Docket No. 2003-CE-51-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 May 18, 2004.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 87-22-01 R1, Amendment 39-6312.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category:

------------------------------------------------------------------------
                 Model                             Serial Nos.
------------------------------------------------------------------------
(1) A65 and A65-8200...................  LC-240 through LC-335.
(2) 70.................................  LB-1 through LB-35.
(3) 65-A80, 65-A80-8800, and 65-B80....  LD-151 through LD-511.
(4) 65-88..............................  LP-1 through LP-26, LP-28, and
                                          LP-30 through LP-47.
(5) 65-90, 65-A90, B90, C90, and C90A..  LJ-1 through LJ-1190.

[[Page 12809]]

 
(6) 65-A90-1 (U-21A, JU-21A, U-21G, RU-  LM-1 through LM-141.
 21A, RU-21D, and RU-21H).
(7) 65-A90-2 (RU-21B)..................  LS-1 through LS-3.
(8) 65-A90-3 (RU-21C)..................  LT-1 and LT-2.
(9) 65-A90-4 (RU-21E and RU-21H).......  LU-1 through LU-15.
(10) E90...............................  LW-1 through LW-347.
(11) F90...............................  LA-2 through LA-236.
(12) H90 (T-44A).......................  LL-1 through LL-61.
(13) 99, 99A, A99, A99A, B99, and C99..  U-1 through U-239.
(14) 100 and A100......................  B-2 through B-93, and B-100
                                          through B-247.
(15) A100 (U-21F)......................  B-95 through B-99.
(16) A100-1 (U-21J)....................  BB-3 through BB-5.
(17) B100..............................  BE-1 through BE-137.
(18) 200 and B200......................  BB-2, and BB-6 through BB-1314.
(19) 200C and B200C....................  BL-1 through BL-72, and BL-124
                                          through BL-131.
(20) 200CT and B200CT..................  BN-1 through BN-4.
(21) 200T and B200T....................  BT-1 through BT-33.
(22) A200 (C-12A and C-12C)............  BC-1 through BC-75 and BD-1
                                          through BD-30.
(23) A200C (UC-12B)....................  BJ-1 through BJ-66.
(24) A200CT (C-12D, FWC-12D, and C-12F)  BP-1, BP-7 through BP-11, BP-
                                          19, and BP-24 through BP-63.
(25) A200CT (RC-12D and RC-12H)........  GR-1 through GR-19.
(26) A200CT (RC-12G)...................  FC-1 through FC-3.
(27) A200CT (RC-12K)...................  FE-1 through FE-9.
(28) B200C (C-12F).....................  BL-73 through BL-112, BL-118
                                          through BL-123, and BP-64
                                          through BP-71.
(29) B200C (UC-12F)....................  BU-1 through BU-10.
(30) B200C (UC-12M)....................  BV-1 through BV-10.
(31) 300...............................  FA-1 through FA-168, and FF-1
                                          through FF-19.
(32) 1900..............................  UA-1 through UA-3.
(33) 1900C.............................  UB-1 through UB-74, and UC-1
                                          through UC-78.
(34) 1900C (C-12J).....................  UD-1 through UD-6.
------------------------------------------------------------------------

What Is the Unsafe Condition Presented in This AD?

    (d) The actions specified in this AD are intended to detect and 
correct cracks in the nose landing gear (NLG) fork, which could 
result in reduced structural integrity and failure of the NLG fork 
to carry design ultimate load. This failure could result in loss of 
control of the airplane during take off, landing, and taxi 
operations.

What Must I do To Address This Problem?

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

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect, using fluorescent    For airplanes       Follow the
 liquid penetrant or magnetic      affected by AD 87-  instructions in
 particle method, the nose         22-01 R1:           Part II of
 landing gear (NLG) fork           Initially inspect   Raytheon Aircraft
 assembly for any signs of         within 200 hours    Company Mandatory
 cracks.                           time-in-service     Service Bulletin
                                   (TIS) after the     SB 32-2102,
                                   last inspection     Revision 7,
                                   required by AD 87-  Revised: July,
                                   22-01 R1. For       2003.
                                   airplanes not
                                   affected by AD 87-
                                   22-01 R1:
                                   Initially inspect
                                   within the next
                                   200 hours TIS
                                   after the
                                   effective date of
                                   this AD, unless
                                   already done.
(2) If cracks are found during    Before further      Follow the
 the inspection required in        flight after the    instructions in
 paragraph (e)(1) of this AD,      effective date of   Part III of
 incorporate Kit No. 101-8030-1    this AD.            Raytheon Aircraft
 S or Kit No. 114-8015-1 S (as                         Company Mandatory
 applicable).                                          Service Bulletin
                                                       SB 32-2102,
                                                       Revision 7,
                                                       Revised: July,
                                                       2003.
(3) If no cracks are found        Repetitively        Follow the
 during the inspection required    inspect at          instructions in
 in paragraph (e)(1) of this AD,   intervals not to    Part III of
 repetitively inspect until Kit    exceed 200 hours    Raytheon Aircraft
 No. 101-8030-1 S or Kit No. 114-  TIS after the       Company Mandatory
 8015-1 S (as applicable) is       initial             Service Bulletin
 incorporated. When Kit No. 101-   inspection.         SB 32-2102,
 8030-1 S or Kit No. 114-8015-1    Incorporate Kit     Revision 7,
 S is incorporated, no further     No. 101-8030-1 S    Revised: July,
 action is required.               or Kit No. 114-     2003.
                                   8015-1 S (as
                                   applicable) prior
                                   to further flight
                                   after any
                                   inspection in
                                   which cracks are
                                   found.
(4) Incorporating Kit No. 101-    Kit No. 101-8030-1  Follow Raytheon
 8030-1 S or Kit No. 114-8015-1    S or Kit No. 114-   Aircraft Company
 S (as applicable) is the          8015-1 S (as        Mandatory Service
 terminating action for the        applicable) can     Bulletin SB 32-
 repetitive inspection             be incorporated     2102, Revision 7,
 requirements specified in         at any time. When   Revised: July,
 paragraph (e)(3) of this AD.      incorporated, no    2003.
                                   further action is
                                   required.
------------------------------------------------------------------------

May I Request an Alternative Method 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 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will 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,

[[Page 12810]]

Wichita, Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 
946-4407.

May 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 March 12, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-6113 Filed 3-17-04; 8:45 am]
BILLING CODE 4910-13-P