[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Proposed Rules]
[Pages 35385-35388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12060]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21410; Directorate Identifier 2005-CE-31-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Model 390 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Raytheon Aircraft Company (Raytheon) Model 390 airplanes. 
This proposed AD would require you to replace the rudder pedal arm 
assemblies used in the rudder control system with parts of improved 
design. This proposed AD results from reports of cracks found on the 
rudder pedal arm assemblies. We are issuing this proposed AD to prevent 
failure of the rudder pedal arm assemblies caused by fatigue cracks. 
This failure could lead to loss of rudder control, loss of nose gear 
steering, and loss of toe brakes on the side on which the failure 
occurs.

DATES: We must receive any comments on this proposed AD by August 19, 
2005.

ADDRESSES: Use one of the following to submit comments on this proposed 
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.

[[Page 35386]]

     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 proposed AD, 
contact Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 
67201-0085; telephone: (800) 429-5372 or (316) 676-3140.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
The docket number is FAA-2005-21410; Directorate Identifier 2005-CE-31-
AD.

FOR FURTHER INFORMATION CONTACT: David Ostrodka, Aerospace Engineer, 
Wichita Aircraft Certification Office (ACO), FAA, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4129; facsimile: (316) 946-
4107; e-mail: [email protected].

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 the 
docket number, ``FAA-2005-21410; Directorate Identifier 2005-CE-31-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2005-21410; Directorate Identifier 2005-CE-
31-AD. You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://dms.dot.gov.
    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.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    What events have caused this proposed AD? Raytheon received a 
report that, during ground maintenance operations, the pilot's outboard 
rudder pedal arm assembly cracked at the upper end of the arm.
    While maneuvering the aircraft from a right turn to neutral with 
toe brake applied during an on-ground compass swing, the rudder pedal 
arm assembly cracked.
    Further investigation revealed another airplane with a crack on the 
copilot's outboard rudder pedal arm assembly.
    Raytheon has determined that loading of the rudder pedals off the 
centerline of the rudder pedal arm assembly results in overload, which 
causes fatigue cracking of the rudder pedal arm assembly.
    What is the potential impact if FAA took no action? If not 
prevented, cracks in the rudder pedal arm assembly could cause the 
rudder pedal arm assembly to fail. This failure could lead to loss of 
rudder control, loss of nose gear steering, and loss of toe brakes on 
the side on which the failure occurs.
    Is there service information that applies to this subject? Raytheon 
Aircraft Company has issued Mandatory Service Bulletin SB 27-3691, Rev. 
1, Revised February 2005.
    What are the provisions of this service information? The service 
bulletin includes procedures for replacing rudder pedal arm assemblies, 
part numbers (P/Ns) 390-524350-0001, 390-524350-0002, 390-524351-0001, 
and 390-524351-0002 with improved design parts, P/Ns 390-524400-0001, 
390-524400-0002, 390-524401-0003, and 390-524401-0004.

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. For this reason, we are 
proposing AD action.
    What would this proposed AD require? This proposed AD would require 
you to 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 98 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 
do the proposed modification:

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                                                          Total
                 Labor cost                    Parts     cost per          Total cost on U.S.  operators
                                                cost     airplane
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8 work hours x $65 per hour = $520.........     $1,165     $1,685  $1,685 x 98 = $165,130
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[[Page 35387]]

    Raytheon will provide warranty credit for parts and labor to extent 
stated in the service information. Therefore, the proposed actions, if 
done following the service information, would have little or no cost to 
the owners/operators of the affected airplanes.

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.
    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

    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 other information as included in the Regulatory Evaluation) 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-2005-21410; Directorate Identifier 2005-CE-31-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 adding the following new 
airworthiness directive (AD):

Raytheon Aircraft Company: Docket No. FAA-2005-21410; Directorate 
Identifier 2005-CE-31-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 August 19, 2005.

What Other ADs Are Affected By This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following serial-numbered Model 390 
airplanes that are certificated in any category:

                             Serial Numbers
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(1) RB-1.
(2) RB-4 through RB-36.
(3) RB-38 through RB-41.
(4) RB-43 through RB-67.
(5) RB-69 through RB-80.
(6) RB-82 through RB-84.
(7) RB-87 through RB-94.
(8) RB-96 through RB-101.
(9) RB-103 through RB-115.
(10) RB-117 through RB-119.
(11) RB-121.
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What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of reports of cracks found on the rudder 
pedal arm assemblies used in the rudder control system. The actions 
specified in this AD are intended to prevent failure of the rudder 
pedal arm assemblies caused by fatigue cracks. This failure could lead 
to loss of rudder control, loss of nose gear steering, and loss of toe 
brakes on the side on which the failure occurs.

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) Replace rudder pedal arm  Upon accumulating     Follow Raytheon
 assemblies, part numbers (P/  300 hours time-in-    Aircraft Company
 Ns) 390-524350-0001, 390-     service (TIS) or      Mandatory Service
 524350-0002, 390-524351-      within 100 hours      Bulletin, SB 27-
 0001, and 390-524351-0002     TIS after the         3691, Rev. 1,
 with improved design parts,   effective date of     Revised: February,
 P/Ns 390-524400-0001, 390-    this AD, whichever    2005, and the
 524400-0002, 390-524401-      occurs later,         applicable
 0003, and 390-524401-0004.    unless already done.  maintenance manual.
(2) Do not install rudder     As of the effective
 pedal arm assemblies, P/Ns    date of this AD.
 390-524350-0001, 390-524350-
 0002, 390-524351-0001, and
 390-524351-0002.
------------------------------------------------------------------------

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 David Ostrodka, Aerospace Engineer, Wichita ACO, 
FAA, 1801 Airport Road, Wichita, Kansas 67209; telephone: (316) 946-
4129; facsimile: (316)
    946-4107; e-mail: [email protected].

[[Page 35388]]

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

    (g) To get copies of the documents referenced in this AD, contact 
Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-0085; 
telephone: (800) 429-5372 or (316) 676-3140. 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. The docket number is Docket 
No. FAA-2005-21410; Directorate Identifier 2005-CE-31-AD.

    Issued in Kansas City, Missouri, on June 14, 2005.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12060 Filed 6-17-05; 8:45 am]
BILLING CODE 4910-13-P