[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2944-2946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-831]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20048; Directorate Identifier 2005-CE-01-AD; 
Amendment 39-13945; AD 2005-02-01]
RIN 2120-AA64


Airworthiness Directives; The Lancair Company Models LC40-550FG 
and LC42-550FG Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Lancair Company (Lancair) Models LC40-550FG and LC42-550FG 
airplanes. This AD requires you to incorporate additional takeoff chart 
distance values information into the Performance Section of the FAA-
approved Airplane Flight Manual (AFM). This AD results from flight 
testing that revealed that the takeoff distance values for the affected 
airplanes could not be duplicated. We are issuing this AD to prevent 
potential impact with terrain or obstruction during takeoff due to 
incorrect takeoff distance values.

DATES: This AD becomes effective on January 21, 2005. We must receive 
any comments on this AD by March 18, 2005.

ADDRESSES: Use one of the following to submit comments on this AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this AD, contact The 
Lancair Company, 22550 Nelson Road, Bend Oregon 97701; telephone: (541) 
330-4191; e-mail: [email protected].
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2005-20048.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Morfitt, Program Manager, 
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue, 
SW., Renton, Washington 98055-4065; telephone: (425) 917-6405; 
facsimile: (425) 917-6590.

SUPPLEMENTARY INFORMATION: What events have caused this AD? During 
flight testing for the approval of an optional air conditioning system, 
Lancair could not duplicate the takeoff performance criteria included 
in the FAA-approved Airplane Flight Manual (AFM) for the Models LC40-
550FG and LC42-550FG airplanes. Lancair found that the currently 
published information predicts takeoff distances that are as much as 65 
percent below that actually required.
    What is the potential impact if FAA took no action? Using this 
incorrect data in certain situations could result in potential impact 
with terrain or obstruction during takeoff.
    Is there service information that applies to this subject? Lancair 
has issued Mandatory Service Bulletin No. SB-05-001, dated January 4, 
2005.
    What are the provisions of this service information? The service 
bulletin includes corrected takeoff chart distance values for the 
Lancair Models LC40-550FG and LC42-550FG airplanes.

FAA's Determination and Requirements of the 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.
    Since the unsafe condition described previously is likely to exist 
or develop on other Lancair Models LC40-550FG and LC42-550FG airplanes 
of the same type design, we are issuing this AD to prevent potential 
impact with terrain or obstruction during takeoff due to incorrect 
takeoff distance values.
    What does this AD require? This AD requires you to you to 
incorporate additional takeoff chart distance values information into 
the Performance Section of the FAA-approved AFM.
    In preparing of this rule, we contacted type clubs and aircraft 
operators to get technical information and information on operational 
and economic impacts. We did not receive any information through these 
contacts. If received, we would have included a discussion of any 
information that may have influenced this action in the rulemaking 
docket.
    How does the revision to 14 CFR part 39 affect this 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.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20048; 
Directorate Identifier 2005-CE-01-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. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify it. If a person contacts us through a 
nonwritten communication, and that contact relates to a substantive 
part of this 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 the AD in light of those comments.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.

[[Page 2945]]

    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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 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 FAA-2005-20048; Directorate Identifier 2005-CE-01-AD'' in 
your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-02-01 The Lancair Company: Amendment 39-13945; Docket No. FAA-
2005-20048; Directorate Identifier 2005-CE-01-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on January 21, 2005.

Are Any Other ADs 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 are certificated in any category:

------------------------------------------------------------------------
                Model                             Serial Nos.
------------------------------------------------------------------------
LC40-550FG..........................  40004 through 40079.
LC42-550FG..........................  42002 through 42062.
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What Is the Unsafe Condition Presented in This AD?

    (d) This AD results from flight testing that revealed that the 
takeoff distance values for the affected airplanes could not be 
duplicated. We are issuing this AD to prevent potential impact with 
terrain or obstruction during takeoff due to incorrect takeoff 
distance values.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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(1) To address the unsafe     Before further        The owner/operator
 condition, do the             flight after          holding at least a
 following:                    January 21, 2005      private pilot
(i) Using pen and ink, make    (the effective date   certificate as
 the following notation in     of this AD).          authorized by
 the takeoff distance chart                          section 43.7 of the
 (Figure 5-7) in Section 5                           Federal Aviation
 of the FAA-approved                                 Regulations (14 CFR
 Airplane Flight Manual                              43.7) may do the
 (AFM): ``Caution: See                               flight manual
 Service Bulletin SB-05-001                          changes requirement
 for takeoff performance                             of this AD. Make an
 correction.''                                       entry in the
(ii) Insert a copy of                                aircraft records
 Lancair Mandatory Service                           showing compliance
 Bulletin SB-05-001, dated                           with this portion
 January 4, 2005, into                               of the AD following
 Section 5 of the FAA-                               section 43.9 of the
 approved AFM.                                       Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(2) Lancair will include      At any time as        The owner/operator
 this information into the     terminating action.   holding at least a
 next revision of the FAA-                           private pilot
 approved AFM. Incorporation                         certificate as
 of the revision that                                authorized by
 includes this information                           section 43.7 of the
 into Section 5 of the FAA-                          Federal Aviation
 approved AFM is considered                          Regulations (14 CFR
 terminating action for                              43.7) may do the
 paragraphs (e)(1)(i) and                            flight manual
 (e)(1)(ii) of this AD.                              changes requirement
                                                     of this AD. Make an
                                                     entry in the
                                                     aircraft records
                                                     showing compliance
                                                     with this portion
                                                     of the AD following
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
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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, Seattle Aircraft 
Certification Office, FAA. For information on any already approved 
alternative methods of compliance, contact Mr. Jeffrey Morfitt, 
Program Manager, FAA, Seattle Aircraft Certification Office (ACO), 
1601 Lind Avenue, SW., Renton, Washington 98055-4065; telephone: 
(425) 917-6405; facsimile: (425) 917-6590.

May I Get Copies of the Document Referenced in This AD?

    (g) You may obtain the service information referenced in this AD 
from The Lancair Company 22550 Nelson Road, Bend, Oregon 97701; 
telephone: (541) 330-4191; e-mail: [email protected]. To 
view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif 
Building, Room PL-401, Washington, DC, or on the Internet at http://dms.dot.gov. This is docket number FAA-2005-20048.


[[Page 2946]]


    Issued in Kansas City, Missouri, on January 10, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-831 Filed 1-18-05; 8:45 am]
BILLING CODE 4910-13-P