[Federal Register Volume 71, Number 11 (Wednesday, January 18, 2006)]
[Rules and Regulations]
[Pages 2857-2859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-403]



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  Federal Register / Vol. 71, No. 11 / Wednesday, January 18, 2006 / 
Rules and Regulations  

[[Page 2857]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20969; Directorate Identifier 2005-NM-017-AD; 
Amendment 39-14443; AD 2006-01-04]
RIN 2120-AA64


Airworthiness Directives; Raytheon Model DH.125, HS.125, and 
BH.125 Series Airplanes; Model BAe.125 Series 800A (C-29A and U-125), 
800B, 1000A, and 1000B Airplanes; and Model Hawker 800 (including 
variant U-125A), and 1000 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Raytheon airplanes identified above. 
That AD currently requires a visual inspection to determine whether 
adequate clearance exists between the fan venturi motor casing and the 
adjacent equipment, and adjustments, if necessary; and a visual 
inspection to detect signs of overheating, degradation of insulating 
materials, and ingestion of debris into the motor, and replacement of 
discrepant parts with serviceable parts. This new AD instead requires 
that operators replace the fan venturi with a new or modified part. 
This AD results from reports that the fan venturi overheated and 
produced smoke while the airplane was on the ground. We are issuing 
this AD to prevent heat and fire damage to equipment adjacent to the 
fan venturi, which could result in smoke in the cabin and/or burning 
equipment.

DATES: This AD becomes effective February 22, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 22, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Raytheon Aircraft Company, Department 62, P.O. Box 85, 
Wichita, Kansas 67201-0085, for service information identified in this 
AD.

FOR FURTHER INFORMATION CONTACT: Philip Petty, Aerospace Engineer, 
Electrical Systems and Avionics Branch, ACE-119W, FAA, Wichita Aircraft 
Certification Office, 1801 Airport Road, room 100, Mid-Continent 
Airport, Wichita, Kansas 67209; telephone (316) 946-4139; fax (316) 
946-4107.

SUPPLEMENTARY INFORMATION: 

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 94-11-03, amendment 39-
8919 (59 FR 27231, May 26, 1994). The existing AD applies to certain 
Raytheon Corporate Jets Model DH/BH/HS BAe 125 and Hawker 800 and 1000 
series airplanes. That NPRM was published in the Federal Register on 
April 18, 2005 (70 FR 20080). That NPRM proposed to require replacing 
the fan venturi with a new or modified part.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments from one 
commenter that have been received on the NPRM.

Request for Parts AD

    The commenter requests that a determination be made as to whether 
the defective parts are installed on other aircraft, particularly those 
manufactured by Israel Aircraft Industries. If so, then consideration 
should be given to making the NPRM applicable to the Honeywell part, 
rather than the airframe on which it is installed or, alternatively, to 
the Honeywell part and the identified airframes.
    The FAA considered the commenter's request. In this particular 
case, the unsafe condition is caused by the combination of a part that 
can overheat and the particular installation allowing it to be close to 
surrounding material that could burn. We have contacted the Civil 
Aviation Administration of Israel (CAAI) to determine if the unsafe 
condition identified in this AD may also occur on airplanes 
manufactured by Israel Aircraft Industries. If the CAAI determines that 
the unsafe condition could exist on additional airplanes, we will 
consider further rulemaking. No change to the final rule is necessary 
in this regard.

Request To Reference Parts Manufacturer Approval (PMA) Parts

    The same commenter also requests that the language in the NPRM be 
changed to permit installation of PMA equivalent parts. The commenter 
states that the mandated installation of a certain part number ``is at 
variance with FAR 21.303,'' which permits the installation of other 
(PMA) parts.
    We infer that the commenter would like the AD to permit 
installation of any equivalent PMA parts so that it is not necessary 
for an operator to request approval of an alternative method of 
compliance (AMOC) in order to install an ``equivalent'' PMA part. 
Whether an alternative part is ``equivalent'' in adequately resolving 
the unsafe condition can only be determined on a case-by-case basis 
based on a complete understanding of the unsafe condition. We are not 
currently aware of any such parts. Our policy is that, in order for 
operators to replace a part with one that is not specified in the AD, 
they must request an AMOC. This is necessary so that we can make a 
specific determination that an alternative part is or is not 
susceptible to the same unsafe condition.
    In response to the commenter's statement regarding a ``variance 
with FAR 21.303,'' under which the FAA issues parts manufacturer 
approvals (PMA), this statement appears to reflect

[[Page 2858]]

a misunderstanding of the relationship between ADs and the 
certification procedural regulations of part 21 of the FARs (14 CFR 
part 21). Those regulations, including section 21.303 of the FARs (14 
CFR 21.303), are intended to ensure that aeronautical products and 
parts are safe. But ADs are issued when, notwithstanding those 
procedures, we become aware of unsafe conditions in these products or 
parts. Therefore, an AD takes precedence over other ``approvals'' when 
we identify an unsafe condition, and mandating installation of a 
certain part number in an AD is not at variance with section Sec.  
21.303.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
section 39.7 of the FARs (14 CFR 39.7), ``Anyone who operates a product 
that does not meet the requirements of an applicable airworthiness 
directive is in violation of this section.'' Unless an operator obtains 
approval for an AMOC, replacing a part with one not specified by the AD 
would make the operator subject to an enforcement action and result in 
a civil penalty. No change to the AD is necessary in this regard.

Request To Address Defective PMA Parts

    The same commenter also requests that the NPRM be revised to cover 
possible defective PMA alternative parts, rather than just a single 
part number, so that those defective PMA parts also are subject to the 
proposed AD. The commenter notes that because there is at least one 
known PMA part for a modified fan venturi, there also may be other PMA 
parts for the older, unmodified venturi. The commenter states that in 
the case of this NPRM, the PMA holder is also the supplier to the 
airplane manufacturer, so the parts are numbered identically. However, 
the commenter adds that this is not usually the case, and states that 
PMA manufacturers are encouraged--and in some cases, required--to 
identify PMA parts by alternative designations.
    We concur with the commenter's general request that, if we know 
that an unsafe condition also exists in PMA parts, the AD should 
address those parts, as well as the original parts. As the commenter 
states, in this case, the identified PMA part has the same part number 
as the original, and is therefore subject to the requirements of this 
AD. We are not aware of other PMA parts that have a different part 
number. The commenter's remarks are timely in that the Transport 
Airplane Directorate currently is in the process of reviewing this 
issue as it applies to transport category airplanes. We acknowledge 
that there may be other ways of addressing this issue to ensure that 
unsafe PMA parts are identified and addressed. Once we have thoroughly 
examined all aspects of this issue, including input from industry, and 
have made a final determination, we will consider whether our policy 
regarding addressing PMA parts in ADs needs to be revised. We consider 
that to delay this AD action would be inappropriate, since we have 
determined that an unsafe condition exists and that replacement of 
certain parts must be accomplished to ensure continued safety. 
Therefore, no change has been made to the final rule in this regard.

Request To Consider Broader Aspects of an Identified Problem

    The commenter also notes that the use of alternative PMA parts is 
becoming increasingly common, and admonishes the FAA to take note of 
this fact. The commenter suggests that the FAA view the service 
bulletin as a starting point for further research into the problem. The 
commenter concludes that simply adopting the manufacturers' service 
bulletins could result in severe safety compromises unless due 
consideration is given to the broader aspects of an identified problem.
    Although the commenter's remarks above do not specifically request 
a change to this AD, we would like to clarify that we do use service 
bulletins as starting points for our research into the development of 
an AD, when they are available, because of the original equipment 
manufacturer (OEM's) expertise and broad knowledge of the product. 
Often, service information may not even be available that addresses a 
particular identified unsafe condition. In all cases, we may also 
consult with other aeronautical experts, specialists, and vendors, and 
we may research databases, reports, testing results, etc., to ensure 
that the unsafe condition is addressed in an appropriate and timely 
manner. No change has been made to this AD as a result of the 
commenter's remarks in the previous paragraph.

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 500 airplanes of the affected design worldwide. 
This AD will affect about 350 airplanes of U.S. registry. The following 
table provides the estimated costs for U.S. operators to comply with 
this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                   Average labor                     Cost per
                     Action                         Work hours     rate per hour       Parts         airplane
----------------------------------------------------------------------------------------------------------------
Option 1: Replacement...........................               4             $65         $12,487         $12,747
Option 2: Modification..........................               8              65           2,269           2,789
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    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

[[Page 2859]]

that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    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.
    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 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 regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-8919 (59 FR 27231, May 26, 1994) and by adding 
the following new airworthiness directive (AD):

2006-01-04 Raytheon Aircraft Company: Amendment 39-14443. Docket No. 
FAA-2005-20969; Directorate Identifier 2005-NM-017-AD.

Effective Date

    (a) This AD becomes effective February 22, 2006.

Affected ADs

    (b) This AD supersedes AD 94-11-03.

Applicability

    (c) This AD applies to Raytheon Model DH.125, HS.125, and BH.125 
series airplanes; Model BAe.125 Series 800A (C-29A and U-125), 800B, 
1000A, and 1000B airplanes; and Model Hawker 800 (including variant 
U-125A), and 1000 airplanes, certificated in any category; as 
identified in Raytheon Service Bulletin SB 21-3669, dated December 
2004.

Unsafe Condition

    (d) This AD results from reports indicating that the fan venturi 
overheated and produced smoke while the airplane was on the ground. 
We are issuing this AD to prevent heat and fire damage to equipment 
adjacent to the fan venturi, which could result in smoke in the 
cabin and/or burning equipment.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modification or Replacement

    (f) Within 1,200 flight hours or 24 months after the effective 
date of this AD, whichever occurs first, do the action in either 
paragraph (f)(1) or (f)(2) of this AD in accordance with the 
Accomplishment Instructions of Raytheon Service Bulletin SB 21-3669, 
dated December 2004.
    (1) Modify the existing fan venturi part number (P/N) 132322-2-1 
by installing an improved motor, P/N 207640-34.
    (2) Replace the existing fan venturi P/N 132322-2-1 with a new 
fan venturi P/N 132322-3-1.

    Note 1: Raytheon Service Bulletin SB 21-3669 refers to Honeywell 
Service Bulletin 132322-21-4041, Revision 2, dated August 20, 2004, 
as an additional source of service information for doing the 
modification. The Raytheon service bulletin includes the Honeywell 
service bulletin.

Parts Installation

    (g) As of the effective date of this AD, no person may install a 
fan venturi, P/N 132322-2-1, on any airplane unless the fan venturi 
has been modified in accordance with paragraph (f)(1) of this AD; or 
unless the fan venturi has a new P/N in accordance with paragraph 
(f)(2) of this AD.

Alternative Method of Compliance (AMOC)

    (h)(1) The Manager, Wichita Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (i) You must use Raytheon Service Bulletin SB 21-3669, dated 
December 2004, including Honeywell Service Bulletin 132322-21-4041, 
Revision 2, dated August 20, 2004, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Raytheon Aircraft Company, Department 62, P.O. Box 85, 
Wichita, Kansas 67201-0085, for a copy of this service information. 
You may review copies at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Nassif Building, Washington, DC; on the Internet at http://dms.dot.gov; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 23, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-403 Filed 1-17-06; 8:45 am]
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