[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Rules and Regulations]
[Pages 65389-65391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18727]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25157; Directorate Identifier 2006-CE-34-AD; 
Amendment 39-14814; AD 2006-23-02]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Models C90A, 
B200, B200C, B300, and B300C Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Raytheon Aircraft Company (RAC) (formerly Beech) Models C90A, B200, 
B200C, B300, and B300C airplanes. This AD requires you to inspect the 
flight controls for improper assembly or damage, and if any improperly 
assembled or damaged flight controls are found, take corrective action. 
This AD results from a report of inspections of several affected 
airplanes with improperly assembled or damaged flight controls. We are 
issuing this AD to detect and correct improperly assembled or damaged 
flight controls, which could result in an unsafe condition by reducing 
capabilities of the flight controls and lead to loss of control of the 
airplane.

DATES: This AD becomes effective on December 13, 2006.
    As of December 13, 2006, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Raytheon Aircraft Company, P.O. Box 85, 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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-25157; Directorate 
Identifier 2006-CE-34-AD.

FOR FURTHER INFORMATION CONTACT: Chris B. Morgan, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Wichita, 
Kansas 67209; telephone: (316) 946-4154; facsimile: (316) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

    On July 24, 2006, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to

[[Page 65390]]

certain RAC Models C90A, B200, B200C, B300, and B300C airplanes. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on July 31, 2006 (71 FR 43083). The NPRM proposed to 
require you to inspect the flight controls for improper assembly or 
damage, and if any improperly assembled or damaged flight controls are 
found, take corrective action.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received.
    Jack Buster with the Modification and Replacement Parts Association 
provides comments on the AD process pertaining to how the FAA addresses 
publishing manufacturer service information as part of a proposed AD 
action. The commenter states that the proposed rule attempts to require 
compliance with a public law by reference to a private writing (as 
referenced in paragraph (e) of the proposed AD). The commenter would 
like the FAA to incorporate by reference (IBR) the RAC service 
bulletin.
    We agree with Mr. Buster. However, we do not IBR any document in a 
proposed AD action, instead we IBR the document in the final rule. 
Since we are issuing the proposal as a final rule AD action, Raytheon 
Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Issued: 
February 2006, is incorporated by reference.
    Mr. Buster requests IBR documents be made available to the public 
by publication in the Federal Register or in the Docket Management 
System (DMS).
    We are currently reviewing issues surrounding the posting of 
service bulletins in the Department of Transportation's DMS as part of 
the AD docket. Once we have thoroughly examined all aspects of this 
issue and have made a final determination, we will consider whether our 
current practice needs to be revised.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 135 airplanes in the U.S. 
registry.
    We estimate the following costs to do the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
80 work-hours x $80 per hour = $6,400.........  Not applicable..................          $6,400        $864,000
----------------------------------------------------------------------------------------------------------------

    We have no way of determining the number of airplanes that may need 
any corrective action that would be required based on the results of 
the inspection.

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

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 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-2006-25157; Directorate Identifier 2006-CE-34-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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2006-23-02 Raytheon Aircraft Company (Formerly Beech): Amendment 39-
14814; Docket No. FAA-2006-25157; Directorate Identifier 2006-CE-34-
AD.

Effective Date

    (a) This AD becomes effective on December 13, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category:

------------------------------------------------------------------------
             Model                             Serial Nos.
------------------------------------------------------------------------
C90A...........................  LJ-1697 through LJ-1726, LJ-1728, LJ-
                                  1729, and LJ-1731 through LJ-1739.
B200...........................  BB-1827 through BB-1912.
B200C..........................  BL-148 and BL-149.
B300...........................  FL-379 through FL-423, FL-426, FL-428
                                  through FL-450, and FL-452.
B300C..........................  FM-11.
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[[Page 65391]]

Unsafe Condition

    (d) This AD results from a report of inspections of several 
affected airplanes with improperly assembled or damaged flight 
controls. We are issuing this AD to detect and correct improperly 
assembled or damaged flight controls, which could result in an 
unsafe condition by reducing capabilities of the flight control and 
lead to loss of control of the airplanes.

Compliance

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

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect the entire flight     At whichever of     Follow Raytheon
 control system for improper       the following       Aircraft Company
 assembly and any damage.          occurs first:       Mandatory Service
                                  (i) Within 100       Bulletin Number
                                   hours time-in-      SB 27-3761,
                                   service after       Issued: February
                                   December 13, 2006   2006.
                                   (the effective
                                   date of this AD);
                                   or.
                                  (ii) At the next
                                   annual inspection
                                   that occurs at
                                   least 30 days
                                   after December
                                   13, 2006 (the
                                   effective date of
                                   this AD).
(2) If you find any improperly    Before further      Follow Raytheon
 assembled or damaged flight       flight after the    Aircraft Company
 controls as a result of the       inspection          Mandatory Service
 inspection required by            required by         Bulletin Number
 paragraph (e)(1) of this AD,      paragraph (e)(1)    SB 27-3761,
 take corrective action as         of this AD.         Issued: February
 specified in the service                              2006.
 information.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Wichita Aircraft Certification Office (ACO), 
FAA, ATTN: Chris B. Morgan, Aerospace Engineer, FAA, Wichita ACO, 
1801 Airport Road, Wichita, Kansas 67209; telephone: (316) 946-4154; 
facsimile: (316) 946-4107, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (g) You must use Raytheon Aircraft Company Mandatory Service 
Bulletin Number SB 27-3761, Issued: February 2006, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 429-5372 or (316) 676-3140.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; 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.

    Issued in Kansas City, Missouri, on October 27, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-18727 Filed 11-7-06; 8:45 am]
BILLING CODE 4910-13-P