[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12066-12068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4523]
[[Page 12066]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25739; Directorate Identifier 2006-CE-46-AD;
Amendment 39-14988; AD 2007-06-07]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company Models 58 and
G58 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain
Raytheon Aircraft Company (RAC) Models 58 and G58 airplanes with
optional propeller unfeathering accumulators installed. This AD
requires you to inspect the left propeller accumulator oil tube
assembly for any chafing; replace the propeller accumulator oil tube
assembly if any chafing is found; and reposition and secure with clamps
both the left engine manifold pressure hose and its metal
identification tags to avoid contact with other tubes, hoses,
electrical wires, parts, components, and structure. This AD results
from several reports on the affected airplanes of chafing damage on the
left propeller accumulator oil tube assembly. We are issuing this AD to
detect, correct, and prevent any chafing damage of the left propeller
accumulator oil tube assembly, which could result in loss of engine
oil. Loss of engine oil may lead to fire or smoke in the engine
compartment, inability to unfeather the propeller, engine damage, or
loss of engine power.
DATES: This AD becomes effective on April 19, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 19,
2007.
ADDRESSES: To get the service information identified 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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-25739; Directorate
Identifier 2006-CE-46-AD.
FOR FURTHER INFORMATION CONTACT: Jeff Pretz, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room
100, Wichita, Kansas 67209; telephone: (316) 946-4153; fax: (316) 946-
4407.
SUPPLEMENTARY INFORMATION:
Discussion
On October 10, 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 certain RAC Models 58 and G58 airplanes with optional
propeller unfeathering accumulators installed. This proposal was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on October 17, 2006 (71 FR 60924). The NPRM proposed to require
you to inspect the left propeller accumulator oil tube assembly for any
chafing; replace the propeller accumulator oil tube assembly if any
chafing is found; and reposition and secure with clamps both the left
engine manifold pressure hose and its metal identification tags to
avoid contact with other tubes, hoses, electrical wires, parts,
components, and structure.
Comments
We provided the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and FAA's response to each comment:
Comment Issue: Service Information and Derived ADs
The Modification and Replacement of Parts Association (MARPA)
states that frequently ADs are derived from service information
originating with the type certificate holder or its suppliers. MARPA
also states that manufacturer's service documents are privately
authored instruments generally enjoying copyright protection against
duplication and distribution. MARPA contends that when a service
document is incorporated by reference under 5 U.S.C. 552(a) and 1 CFR
part 51 into a public document such as an AD, it loses its private,
protected status and becomes itself a public document. MARPA explains
that if a service document is used as a mandatory element of compliance
it should not simply be referenced, but should be incorporated into the
regulatory document. MARPA states that public laws by definition must
be public, which means they cannot rely for compliance upon private
writings, especially when the writings originate in a foreign country.
MARPA adds that the interpretation of a document is not a question of
fact, but of law, bound by the figurative four corners of the document;
therefore, unless the service document is incorporated by reference, a
court of law will not consider it when interpreting the AD. MARPA is
concerned that failure to incorporate-by-reference the relevant service
information could result in a court decision invalidating the AD.
MARPA advises that it was informed that service documents are
usually not incorporated into NPRMs, but only into final actions. MARPA
notes that there is no indication in the NPRM that the FAA intends to
incorporate by reference the necessary service information; in
addition, there is no indication of which service documents are
mandatory and which are merely sources of additional service
information; therefore, the reader is unsure of the FAA's intent. MARPA
asks that future proposed actions indicate the FAA intent by including
the following, or a similar statement: ``We intend to incorporate by
reference the following publications.''
MARPA also states that incorporation by reference service documents
should be made available to the public by publication in the Docket
Management System (DMS) keyed to the action that incorporates them.
MARPA adds that, under the aforementioned authorities, incorporation by
reference is a technique used to reduce the size of the Federal
Register when the information is already available to the affected
individuals. MARPA notes that, traditionally, ``affected individuals''
has meant aircraft owners and operators who are generally provided
service information by the manufacturer. MARPA states that a new class
of affected individuals has emerged since the majority of aircraft
maintenance is now performed by specialty shops instead of aircraft
owners and operators.
MARPA adds that this new class includes maintenance and repair
organizations (MRO), component servicing and repair shops, parts
purveyors and distributors and organizations manufacturing or servicing
alternatively certified parts under section 21.303 (``Replacement and
modification parts'') of the Federal Aviation Regulations (14 CFR
21.303). Further, MARPA notes that the concept of brevity is now nearly
archaic as documents exist more frequently in electronic format than on
paper. Therefore, MARPA asks that the service documents deemed
essential to the accomplishment of the NPRM be incorporated by
reference into the regulatory instrument, and published in DMS prior to
release of the AD.
We understand MARPA's comment concerning incorporation by
reference.
[[Page 12067]]
The Office of the Federal Register (OFR) requires that documents that
are necessary to accomplish the requirements of the AD be incorporated
by reference during the final rule phase of rulemaking. This final rule
incorporates by reference the documents necessary for the
accomplishment of the requirements mandated by this AD. Further, we
point out that while documents that are incorporated by reference do
become public information, they do not lose their copyright protection.
For that reason, we advise the public to contact the manufacturer to
obtain copies of the referenced service information.
The FAA does not concur with the commenter's request to indicate in
an NPRM our intent to incorporate service information by reference.
When we propose that actions be accomplished in accordance with certain
service information in an NPRM, the public may assume we intend to IBR
that service information, as requested by the Office of the Federal
Register. Service information that is cited in the proposed AD as a
source of additional information is not presented as a requirement, and
the public may assume we do not intend to IBR that service information.
No change to this final rule is necessary in regard to the commenter's
request.
In regard to MARPA's request to post service bulletins on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service bulletins on the
DMS as part of an 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. No change to
the final rule is necessary in response to this comment.
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 49 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
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80............................. $5 $85 $4,165
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of airplanes that may need this
replacement:
------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
------------------------------------------------------------------------
1 work-hour x $80 per hour = $80...... $39 $119
------------------------------------------------------------------------
RAC will provide warranty credit as specified in RAC Mandatory
Service Bulletin No. SB 61-3806, issued: August 2006.
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-2006-25739; Directorate Identifier 2006-CE-46-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:
2007-06-07 Raytheon Aircraft Company: Amendment 39-14988; Docket No.
FAA-2006-25739; Directorate Identifier 2006-CE-46-AD.
[[Page 12068]]
Effective Date
(a) This AD becomes effective on April 19, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models 58 and G58 airplanes, serial
numbers TH-2097 through TH-2150, with optional propeller
unfeathering accumulators installed, that are certificated in any
category.
Unsafe Condition
(d) This AD results from several reports on the affected
airplanes of chafing damage on the left propeller accumulator oil
tube assembly. This includes an in-flight oil leak from the left
engine on a Raytheon Aircraft Company Model G58 airplane. We are
issuing this AD to detect, correct, and prevent any chafing damage
of the left propeller accumulator oil tube assembly, which could
result in loss of engine oil. Loss of engine oil may lead to fire or
smoke in the engine compartment, inability to unfeather the
propeller, engine damage, or loss of engine power.
Compliance
(e) To address this problem, you must do the following, unless
already done:
------------------------------------------------------------------------
Actions Compliance Procedures
------------------------------------------------------------------------
(1) Inspect the left For airplanes that Follow Raytheon
propeller accumulator oil have not had a 100- Aircraft Company
tube assembly for chafing. hour time-in- Mandatory Service
service (TIS) Bulletin No. SB 61-
inspection or the 3806, issued:
inspection August 2006.
following Raytheon
Safety
Communiqu[eacute]
No. 271, dated May
2006: Within the
next 25 hours TIS
after April 19,
2007 (the effective
date of this AD).
For airplanes that
have had a 100-hour
TIS inspection or
the inspection
following Raytheon
Safety
Communiqu[eacute]
No. 271, dated May
2006: Within the
next 50 hours TIS
after April 19,
2007 (the effective
date of this AD).
(2) If any chafing is found Before further Follow Raytheon
in the inspection required flight after the Aircraft Company
by paragraph (e)(1) of this inspection required Mandatory Service
AD, replace the propeller by paragraph (e)(1) Bulletin No. SB 61-
accumulator oil tube of this AD. 3806, issued:
assembly. August 2006.
(3) Reposition and secure Before further Follow Raytheon
with clamps the left flight after the Aircraft Company
manifold pressure hose and inspection or Mandatory Service
its metal identification replacement Bulletin No. SB 61-
tags to ensure clearance required in 3806, issued:
between it and all tubes, paragraphs (e)(1) August 2006.
hoses, electrical wires, and (e)(2) of this
parts, components, and AD.
structure.
------------------------------------------------------------------------
Material Incorporated by Reference
(f) You must use Raytheon Aircraft Company Mandatory Service
Bulletin No. SB 61-3806, issued: August 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, 9709 E. Central, 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 March 7, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-4523 Filed 3-14-07; 8:45 am]
BILLING CODE 4910-13-P