[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Rules and Regulations]
[Pages 26008-26009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10247]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-277-AD; Amendment 39-13616; AD 2004-09-26]
RIN 2120-AA64


Airworthiness Directives; Raytheon Model Hawker 800XP 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 Hawker 800XP airplanes, that 
requires 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 hazardously misleading information 
being provided to the flightcrew. This action is intended to address 
the identified unsafe condition.

DATES: Effective June 15, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 15, 2004.

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 National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: 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 Hawker 
800XP airplanes was published in the Federal Register on October 14, 
2003 (68 FR 59138). That action proposed to require replacement of 
certain existing pitot probes with new probes.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received from a single commenter.

Request To Restrict Flight in Known Icing Conditions

    The commenter states that a 6-month compliance time for replacement 
of the pitot probes, as specified in the proposed AD, seems inadequate 
if flight in known icing remains permissible. The commenter asks that 
consideration be given to restricting flight in known icing conditions 
until the proposed AD is complied with, in order to avoid atmospheric 
conditions that may cause the problem.
    The FAA does not agree with the commenter. In consideration of the 
commenter's request, we have taken into account the early release of a 
Raytheon Safety Communique and the referenced service bulletin, in 
addition to the degree of urgency associated with the unsafe condition. 
The loss of airspeed indication, mach trim warning at high altitudes in 
the vicinity of clouds, and autopilot disconnect, indicate that there 
was insufficient heating energy inside the pitot probes. The loss of 
airspeed indication occurred at high altitude, with high moisture 
content, and lasted for a short period of time. The Safety Communique 
that was sent to all owners of Raytheon Model Hawker 800XP airplanes 
outlined the problem and corrective actions to take if it occurs; which 
include no abrupt power or altitude changes until the condition clears. 
We have determined that, in light of the preventive procedures that 
have been issued, allowing continued flight until the affected pitot 
probes are replaced will not adversely affect safety. No change to the 
final rule is necessary in this regard.

Request To Change Statement of Unsafe Condition

    The commenter states that the proposed AD uses the term ``seriously 
misleading information'' to describe the consequences following the 
loss of the Captain and First Officer's airspeed information. The 
commenter asks that the term be changed to ``hazardously misleading 
information,'' which is the

[[Page 26009]]

generally understood description in certification terms. The commenter 
adds that loss of airspeed indication on both sides can be 
catastrophic.
    We agree that the term ``hazardously misleading information'' is 
generally used throughout the aircraft industry, and that the loss of 
airspeed indication for both the pilot and co-pilot could present a 
hazard to continued safe flight, depending on when it occurs during the 
flight. Therefore, we have changed the statement of the unsafe 
condition throughout this final rule accordingly.

Other Airplane Models With Rosemount Pitot Probes

    The commenter does not ask for a specific change to the final rule, 
but states that the referenced service bulletin specifies replacement 
of certain Rosemount pitot probes, yet the proposed AD is model 
specific. The commenter adds that it is not clear why the proposed AD 
does not cover installations on other models having the same pitot 
probes. The commenter notes that vulnerability to a potentially 
catastrophic condition could exist, and asks if the pitot probes are 
exclusive to airplane model.
    The unsafe condition found on Raytheon Hawker Model 800XP airplanes 
has not been reported by owners/operators of other airplane models. The 
loss of airspeed indication is airplane model specific, due to 
different operational environments, airplane limitations, and 
installation locations.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the change previously described. 
This change will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Cost Impact

    There are about 224 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 155 airplanes of U.S. registry 
will be affected by this AD, that it will take about 50 work hours per 
airplane to do the actions, and that the average labor rate is $65 per 
work hour. Required parts will cost about $11,425 per airplane. Based 
on these figures, the cost impact of the 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 requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this 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.

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:

2004-09-26 Raytheon Aircraft Company: Amendment 39-13616. 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 hazardously 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.

Incorporation by Reference

    (d) The actions shall be done per Raytheon Service Bulletin SB 
34-3412, 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 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (e) This amendment becomes effective on June 15, 2004.

    Issued in Renton, Washington, on April 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10247 Filed 5-10-04; 8:45 am]
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