[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Rules and Regulations]
[Pages 5581-5584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-921]



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  Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / 
Rules and Regulations  

[[Page 5581]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23221; Directorate Identifier 2005-CE-51-AD; 
Amendment 39-14459; AD 2006-02-51]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Model 390 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Raytheon Aircraft Company Model 390 airplanes. This AD contains 
the same information as emergency AD 2006-02-51 and publishes the 
action in the Federal Register. This AD requires you to visually 
inspect the hydraulic tube assembly (P/N 390-580035-0001 or P/N 390-
580035-0005) and the clamp (P/N MS21919WCJ6 or P/N MS21919WCJ7) (or 
FAA-approved equivalent part numbers), as specified in the service 
information; replace the clamp at each inspection; replace the 
hydraulic tube assembly immediately if any of the problems identified 
in the service bulletin are found; and report the results of each 
inspection or replacement to the FAA. This AD results from failure of 
the hydraulic tube assembly, which caused in-flight loss of hydraulic 
fluid. We are issuing this AD to prevent failure of the hydraulic tube 
assembly and consequent leaking of hydraulic fluid. This failure could 
result in loss of hydraulic system functions and risk of fire because 
of flammable fluid leakage in the engine nacelle and lead to loss of 
control of the airplane.

DATES: This AD becomes effective on February 2, 2006. As of February 2, 
2006, the Director of the Office of the Federal Register approved the 
incorporation by reference of certain publications listed in the 
regulation. We must receive any comments on this AD by March 2, 2006.

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 20590-0001.
     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 view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2005-23221; Directorate Identifier 2005-CE-51-AD.
    To get the service information identified in this AD, contact 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 625-7043.

FOR FURTHER INFORMATION CONTACT: James P. Galstad, Propulsion Aerospace 
Engineer, ACE 116W, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Wichita, Kansas 67209; telephone: 316-946-4135; 
facsimile: 316-946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The FAA received reports of four failures of the part number (P/N) 
390-580035-0001 hydraulic tube assembly located on the left engine 
assembly of Raytheon Model 390 airplanes. The failures resulted in in-
flight loss of hydraulic fluid. The tube is installed between the 
hydraulic pump and the hydraulic pulsation damper and carries hydraulic 
pump output pressure.
    The latest failure occurred on an airplane with 83 hours time-in-
service on the hydraulic tube assembly.
    On January 19, 2006, the FAA issued emergency AD 2006-02-51 to 
require you to visually inspect the hydraulic tube assembly (P/N 390-
580035-0001 or P/N 390-580035-0005) and the clamp (P/N MS21919WCJ6 or 
P/N MS21919WCJ7) (or FAA-approved equivalent part numbers), as 
specified in the service information; replace the clamp at each 
inspection; replace the hydraulic tube assembly immediately if any of 
the problems identified in the service bulletin are found; and report 
the results of each inspection or replacement to the FAA.

Why Is It Important To Publish This AD?

    The FAA found that immediate corrective action was required, that 
notice and opportunity for prior public comment were impracticable and 
contrary to the public interest, and that good cause existed to make 
the AD effective immediately by individual letters issued on January 
19, 2006, to all known U.S. operators of the affected Raytheon Aircraft 
Company Model 390 airplanes. These conditions still exist, and the AD 
is published in the Federal Register as an amendment to section 39.13 
of the Federal Aviation Regulations (14 CFR 39.13) to make it effective 
to all persons.

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 the docket number, ``FAA-2005-23221; 
Directorate Identifier 2005-CE-51-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 AD.
    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-

[[Page 5582]]

23221; Directorate Identifier 2005-CE-51-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 AD I Should Pay Attention To?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. If you contact 
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 this 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 AD, 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.

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

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 
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 ``Docket 
No. FAA-2005-23221; Directorate Identifier 2005-CE-51-AD'' in your 
request.

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 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):

2006-02-51 Raytheon Aircraft Company: Amendment 39-14459; Docket No. 
FAA-2005-23221; Directorate Identifier 2005-CE-51-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on February 2, 2006.

Are Any Other ADs Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following Model 390 airplanes that are 
certificated in any category:
    (1) Serial numbers RB-1 through RB-49 that are equipped with Kit 
390-9100 that incorporates part number (P/N) 390-580035-0001 (or 
FAA-approved equivalent part number);
    (2) Serial numbers RB-50 through RB-141; and
    (3) Serial numbers RB-143 through RB-148.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of failure of the hydraulic tube 
assembly, which caused in-flight loss of hydraulic fluid. We are 
issuing this AD to prevent failure of the hydraulic tube assembly 
and the clamp and consequent leaking of hydraulic fluid. This 
failure could result in loss of hydraulic system functions and risk 
of fire because of flammable fluid leakage in the engine nacelle and 
lead to loss of control of the airplane.

What Must I Do To Address This Problem?

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

[[Page 5583]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Perform a one-time        Visually inspect      For the visual
 visual inspection of the      before further        inspection, use
 hydraulic tube assembly and   flight after          Raytheon Safety
 clamp using Raytheon Safety   February 2, 2006      Communique No. 267,
 Communique No. 267, dated     (the effective date   dated January,
 January 2006. Perform         of this AD), except   2006. For the
 repetitive detailed           for those who         detailed
 inspections thereafter per    received emergency    inspections, use
 Raytheon Mandatory Service    AD 2006-02-51,        the procedures in
 Bulletin No. SB 29-3771,      issued January 19,    Raytheon Mandatory
 dated January, 2006.          2006, unless          Service Bulletin
(i) The tube assembly part     already done.         No. SB 29-3771,
 number is P/N 390-580035-     Perform the           dated January,
 0001 or P/N 390-580035-       detailed inspection   2006.
 0005).                        within 10 hours
(ii) The clamp part number     time-in-service
 is P/N MS21919WCJ6 or P/N     (TIS) after
 MS21919WCJ7.                  February 2, 2006
                               (the effective date
                               of this AD), except
                               for those who
                               received emergency
                               AD 2006-02-51,
                               issued January 19,
                               2006, unless
                               already done.
                               Inspect thereafter
                               at intervals not to
                               exceed 50 hours
                               TIS. You may
                               perform the
                               detailed inspection
                               before further
                               flight instead of
                               the visual
                               inspection.
                               Emergency AD 2006-
                               02-51 contained the
                               requirements of
                               this amendment and
                               became effective
                               immediately upon
                               receipt.
(2) Replace the hydraulic     Replace the clamp at  Follow the
 tube assembly (P/N 390-       each inspection.      procedures in
 580035-0001 or P/N 390-       Replace the tube      Raytheon Mandatory
 580035-0005) and the clamp    assembly prior to     Service Bulletin
 (P/N MS21919WCJ6 or P/N       further flight        No. SB 29-3771,
 MS21919WCJ7) (or FAA-         after any             dated January,
 approved equivalent part      inspection where      2006.
 numbers) with new P/N 390-    evidence of
 580035-0001 or P/N 390-       chafing, excessive
 580035-0005 and P/N           vibration, wear,
 MS21919WCJ7 (or FAA-          deterioration, or
 approved equivalent part      hydraulic fluid
 numbers) or used parts.       leakage is found.
                               Refer to SB 29-
                               3771, dated
                               January, 2006 for
                               acceptance/
                               rejection
                               information for the
                               tube assembly.
(3) Report the results to     Within 10 days after  Include in your
 FAA of each inspection or     the inspection or     report the airplane
 replacement required in       replacement or        serial number, the
 paragraphs (e)(1) and         within 10 days        TIS of the
 (e)(2) of this AD. The        after February 2,     airplane, and the
 Office of Management and      2006 (the effective   TIS of the
 Budget (OMB) approved the     date of this AD),     hydraulic tube
 information collection        except for those      assembly (P/N 390-
 requirements contained in     who received          580035-0001 or P/N
 this regulation under the     emergency AD 2006-    390-580035-0005)
 provisions of the Paperwork   02-51, issued         (or FAA-approved
 Reduction Act of 1980 (44     January 19, 2006,     equivalent part
 U.S.C. 3501 and those         whichever occurs      number). E-mail/
 following sections) and       later.                send your report to
 assigned OMB Control Number                         James P. Galstad,
 2120-0056.                                          Propulsion
                                                     Aerospace Engineer,
                                                     ACE 116W, Wichita
                                                     Aircraft
                                                     Certification
                                                     Office, 1801
                                                     Airport Road, Room
                                                     100, Wichita,
                                                     Kansas 67209; e-
                                                     mail:
                                                     [email protected]; telephone: 316-
                                                     946-4135;
                                                     facsimile: 316-946-
                                                     4107.
------------------------------------------------------------------------

    (4) Repositioning and Special Flight Permits: You may operate 
the airplane to return/position the airplane to a home base, hangar, 
maintenance facility, etc., for the purpose of doing only the visual 
inspection required by this AD.
    (i) Operation of up to 10 hours time-in-service (TIS) is allowed 
for visual inspection repositioning flight(s) provided the flight(s) 
occur(s) no later than 30 days after January 19, 2006. This is a 
one-time provision.
    (ii) Special flight permits are also allowed for the visual 
inspection required for this AD. Use the procedures in 14 CFR part 
39.
    (iii) Special flight permits are prohibited for the detailed 
inspections and possible replacements required by this AD.
    (iv) For any repositioning flight or special flight permit for 
the visual inspection, you must operate with only the PILOT AND ANY 
ADDITIONAL FLIGHT CREW MEMBER REQUIRED FOR SAFE OPERATION.
    (5) Disposal of Parts: Return replaced hydraulic tube assembly 
(P/N 390-580035-0001 or P/N 390-580035-0005) to Raytheon Aircraft 
Company per SB 29-3771 and dispose of the P/N MS21919WCJ6 or P/N 
MS21919WCJ6 clamp (or FAA-approved equivalent part numbers) 
following 14 CFR 43.10. Ship any replaced hydraulic tube and dispose 
of the clamp prior to returning the aircraft to service.
    (6) Parts Manufacturer Approval (PMA): 14 CFR 21.303 allows for 
replacement parts through PMA. The phrase ``or FAA-approved 
equivalent part number(s)'' in this AD is intended to signify those 
parts that are PMA approved through identicality to the design of 
the part under the type certificate and replacement parts to correct 
the unsafe condition under PMA (other than identicality). If parts 
are installed that are identical to the unsafe parts, then the 
corrective actions of the AD affect these parts also. In addition, 
equivalent replacement parts to correct the unsafe condition under 
PMA (other than identicality) may also be installed provided they 
meet current airworthiness standards, which include those actions 
cited in this AD.

[[Page 5584]]

[GRAPHIC] [TIFF OMITTED] TR02FE06.000

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, FAA. For information on any already approved 
alternative methods of compliance, contact James P. Galstad, 
Propulsion Aerospace Engineer, ACE 116W, Wichita Aircraft 
Certification Office, 1801 Airport Road, Room 100, Wichita, Kansas 
67209; telephone: 316-946-4135; facsimile: 316-946-4107.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Raytheon Mandatory Service Bulletin No. SB 29-3771, 
dated January, 2006; and Raytheon Safety Communique No. 267, dated 
January 2006. The Director of the Federal Register approved the 
incorporation by reference of this service information in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this 
service information, contact Raytheon Aircraft Company, P.O. Box 85, 
Wichita, Kansas 67201-0085; telephone: (800) 625-7043. To review 
copies of this service information, go to the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call 
(202) 741-6030. 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 20590-001 or on 
the Internet at http://dms.dot.gov. The docket number is FAA-2005-
23221; Directorate Identifier 2005-CE-51-AD.

    Issued in Kansas City, Missouri, on January 26, 2006.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-921 Filed 2-1-06; 8:45 am]
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