[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Rules and Regulations]
[Pages 78051-78053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25745; Directorate Identifier 2006-CE-47-AD; 
Amendment 39-14866; AD 2006-26-08]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Model 390 
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) to 
supersede AD 2006-02-51, which applies to certain Raytheon Aircraft 
Company Model 390 airplanes. AD 2006-02-51 currently requires you to 
inspect the left engine hydraulic pump outlet tube and the clamp; 
replace the clamp at each inspection; replace the hydraulic pump outlet 
tube immediately if any problem is found; and report the results of 
each inspection or replacement to the FAA. This AD is the result of 
several hydraulic pump outlet tube failures after issuance of AD 2006-
02-51, including failures on the right engine. This AD requires you to 
visually inspect the hydraulic pump outlet tube on both engines on a 
recurring basis and immediately replace the tube if damage is found. 
This AD also requires incorporation of an Airplane Flight Manual (AFM) 
change to not allow operation of an engine with its associated firewall 
hydraulic shutoff valve closed. In addition, this AD requires you to 
replace the hydraulic pump outlet tube if an engine is operated with 
its firewall hydraulic shutoff valve closed. We are issuing this AD to 
prevent failure of the hydraulic pump outlet tube and consequent 
leaking of hydraulic fluid. Such leakage could result in a fire. There 
is also a risk of loss of hydraulic system functions including normal 
gear extensions, speed brakes, roll spoilers, lift dump, and normal 
brakes.

DATES: This AD becomes effective on December 28, 2006.
    The Director of the Federal Register previously approved the 
incorporation by reference of the documents listed in this AD on 
February 2, 2006 (71 FR 5581, February 2, 2006).
    We must receive any comments on this AD by February 26, 2007.

ADDRESSES: Use one of the following addresses to comment 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: (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 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 625-7043.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2006-25745; Directorate Identifier 2006-CE-47-AD.

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; fax: 
(316) 946-4107.

SUPPLEMENTARY INFORMATION: 

Discussion

    Reports of four failures of the left-hand engine hydraulic pump 
outlet tube on Raytheon Model 390 airplanes caused us to issue AD 2006-
02-51, Amendment 39-14459 (71 FR 5581,

[[Page 78052]]

February 2, 2006). AD 2006-02-51 currently requires you to do the 
following:
     Inspect the hydraulic pump outlet tube on the left engine;
     replace the clamp at each inspection;
     replace the hydraulic pump outlet tube 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.
    Since issuing AD 2006-02-51, we have received additional reports of 
failures of the hydraulic pump outlet tube, including failures on the 
right engine. Since failures continue to occur and are no longer 
limited to the left engine hydraulic pump outlet tube, the repetitive 
inspection interval of 50 hours time-in-service (TIS) required by AD 
2006-02-51 and procedures in AD 2006-02-51 to only inspect the left 
hydraulic pump outlet tube do not adequately address the unsafe 
condition.
    Failure of these hydraulic pump outlet tubes, if not prevented, 
could cause flammable fluid leakage in the engine nacelle. Such leakage 
could result in a fire. There is also a risk of loss of hydraulic 
system functions including normal gear extensions, speed brakes, roll 
spoilers, lift dump, and normal brakes.

Relevant Service Information

    Raytheon Mandatory Service Bulletin No. SB 29-3771, dated January, 
2006; and Raytheon Safety Communique No. 267, dated January 2006, 
included in AD 2006-02-51 will be retained for this AD.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This AD 
supersedes AD 2006-02-51 and requires the following on Raytheon Model 
390 airplanes:
     Repetitive visual inspections of the hydraulic pump outlet 
tube on both engines;
     replacement of the hydraulic pump outlet tube clamp on the 
left-hand engine at each inspection;
     immediate replacement of the hydraulic pump outlet tube if 
damage is found;
     incorporation of a revision to the Airplane Flight Manual 
(AFM) to not allow operation of an engine with its firewall hydraulic 
shutoff valve closed; and
     replacement of the hydraulic pump outlet tube if an engine 
is operated with the firewall hydraulic shutoff valve closed.
    This AD is considered interim action. The FAA is working with the 
type certificate holder on developing a design change for these 
hydraulic pump outlet tubes. The FAA will take future rulemaking action 
to address this unsafe condition for the long-term.
    In preparing 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.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable, and that good 
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and an opportunity for 
public comment. We invite you to send any written relevant data, views, 
or arguments regarding this AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number ``FAA-2006-
25745; Directorate Identifier 2006-CE-47-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those 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 we 
receive concerning this AD.

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 
rulemaking action.

Regulatory Findings

    We 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.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory 
evaluation, any comments received, and other information on the 
Internet at http://dms.dot.gov; or in person at the Docket Management 
Facility between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Docket Office (telephone (800) 647-5227) is 
located at the street address stated in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

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:

[[Page 78053]]

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 removing Airworthiness Directive (AD) 
2006-02-51, Amendment 39-14459 (71 FR 5581, February 2, 2006), and by 
adding a new AD to read as follows:

2006-26-08 Raytheon Aircraft Company: Amendment 39-14866; Docket No. 
FAA-2006-25745; Directorate Identifier 2006-CE-47-AD.

Effective Date

    (a) This AD becomes effective on December 28, 2006.

Affected ADs

    (b) This AD supersedes AD 2006-02-51; Amendment 39-14459.

Applicability

    (c) This AD applies to Model 390 airplanes, all serial numbers, 
that are certificated in any category:

Unsafe Condition

    (d) This AD is the result of several hydraulic pump outlet tube 
failures after issuance of AD 2006-02-51. We are issuing this AD to 
prevent failure of the hydraulic pump outlet tubes and consequent 
leaking of hydraulic fluid. Such leakage could result in a fire. 
There is also a risk of loss of hydraulic system functions including 
normal gear extensions, speed brakes, roll spoilers, lift dump, and 
normal brakes.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect the      Initially at          Inspect following
 hydraulic pump outlet tube    whichever of the      Raytheon Safety
 for evidence of chafing,      following occurs      Communique No. 267,
 excessive vibration, wear,    first and             dated January 2006.
 deterioration, or hydraulic   thereafter at         Raytheon Safety
 fluid leakage, as follows:    intervals not to      Communique No. 267,
(i) For the left-hand (LH)     exceed 25 hours       dated January 2006,
 engine: Remove the clamp,     time-in-service       addresses the LH
 perform the inspection, and   (TIS):                engine. Use the
 replace the clamp with a     (A) Within the next    same inspection
 new one as specified in       25 hours TIS after    procedures for the
 Raytheon Mandatory Service    December 28, 2006     RH engine hydraulic
 Bulletin No. SB 29-3771       (the effective date   pump outlet tube (P/
 after each inspection         of this AD); or.      N 390-580037).
(ii) For the right-hand (RH)  (B) At the next        Remove and replace
 engine: Perform the           inspection required   the clamp (LH only)
 inspection. Removal and       by AD 2006-02-51.     following Raytheon
 replacement of the clamps                           Mandatory Service
 are not necessary                                   Bulletin No. SB 29-
                                                     3771, dated January
                                                     2006.
------------------------------------------------------------------------
(2) Replace the hydraulic     Each and every time   Raytheon Aircraft
 pump outlet tube, Part        any of the            Premier 1 Model 390
 Number (P/N) 390-580035 (or   following occurs:     Maintenance Manual,
 FAA-approved equivalent)     (i) Prior to further   P/N 390-590001-
 for the LH engine or P/N      flight after any      0015.
 390-580037 (or FAA-approved   inspection from
 equivalent) for the RH        paragraph (e)(1) of
 engine.                       this AD where
                               evidence of
                               chafing, excessive
                               vibration, wear,
                               deterioration, or
                               hydraulic fluid
                               leakage is found;
                               and.
                              (ii) Within 1 hour
                               TIS following
                               identification of
                               an intended or
                               unintended engine
                               operation with the
                               hydraulic valve
                               closed..
------------------------------------------------------------------------
(3) Incorporate Raytheon      Within 5 days after   The owner/operator
 Aircraft Company Part         December 28, 2006     holding at least a
 Number 390-590001-            (the effective date   private pilot
 0003C3TC6, dated September    of this AD)           certificate as
 16, 2006 into the Airplane                          authorized by
 Flight Manual (AFM).                                section 43.7 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.7) may do the
                                                     AFM changes
                                                     requirement of this
                                                     AD. Make an entry
                                                     into the aircraft
                                                     records showing
                                                     compliance with
                                                     this portion of the
                                                     AD in accordance
                                                     with section 43.9
                                                     of the Federal
                                                     Aviation
                                                     Regulations (14 CFR
                                                     43.9).
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Wichita Aircraft Certification Office, FAA, 
ATTN: James P. Galstad, Propulsion Aerospace Engineer, ACE 116W, 
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, 
Wichita, Kansas 67209; telephone: (316) 946-4135; fax: (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 Mandatory Service Bulletin No. SB 29-
3771, dated January 2006; and Raytheon Safety Communique No. 267, 
dated January 2006, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved 
this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 
51 on February 2, 2006 (71 FR 5581, February 2, 2006).
    (2) For service information identified in this AD, contact 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 625-7043.
    (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 December 22, 2006.
Kim Smith,
Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E6-22382 Filed 12-27-06; 8:45 am]
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