[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37247-37251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15579]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0802; Directorate Identifier 2009-NM-256-AD; 
Amendment 39-16733; AD 2011-13-10]
RIN 2120-AA64


Airworthiness Directives; Learjet Inc. Model 45 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. That AD currently requires, for certain 
airplanes, repetitive inspections for chafing and other damage of the 
case drain tube from the hydraulic pump case installed on the left-hand 
engine, and corrective action if necessary. That AD also requires, for 
all airplanes, repetitive inspections for discrepancies of the left 
engine's nacelle tubing, repetitive inspections for evidence of fluid 
leakage within the left engine accessory compartment, and corrective 
actions if necessary. This new AD also requires replacing the left 
engine fuel and hydraulic tubing and installing a tubing support 
channel, which terminates the repetitive inspections required in the 
existing AD. This new AD also removes airplanes from the applicability. 
This AD was prompted by reports of chafed hydraulic tubes in the left-
hand engine. We are issuing this AD to prevent chafed hydraulic tubes 
in the left-hand engine and consequent hydraulic tube failure and 
uncontrolled loss of flammable fluid within the engine cowling, which 
could result in a fire in the engine nacelle and loss of control of the 
airplane.

DATES: This AD is effective August 1, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 1, 
2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of June 
17, 2009 (74 FR 26288, June 2, 2009).

[[Page 37248]]


ADDRESSES: For service information identified in this AD, contact 
Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942; telephone 
316-946-2000; fax 316-946-2220; e-mail [email protected]; 
Internet http://www.bombardier.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: James Galstad, Aerospace Engineer, 
Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft 
Certification Office, 1801 Airport Road, Room 100, Mid-Continent 
Airport, Wichita, Kansas 67209; phone: 316-946-4135; fax: 316-946-4107; 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede airworthiness directive (AD) 2009-11-13, Amendment 
39-15923 (74 FR 26288, June 2, 2009). That AD applies to the specified 
products. The NPRM published in the Federal Register on August 23, 2010 
(75 FR 51701). That NPRM proposed to require, for certain airplanes, 
repetitive inspections for chafing and other damage of the case drain 
tube from the hydraulic pump case installed on the left-hand engine, 
and corrective action if necessary. That NPRM also proposed to require, 
for all airplanes, repetitive inspections for discrepancies of the left 
engine's nacelle tubing, repetitive inspections for evidence of fluid 
leakage within the left engine accessory compartment, and corrective 
actions if necessary. That NPRM also proposed to require replacing the 
left engine fuel and hydraulic tubing and installing a tubing support 
channel which terminates the repetitive inspections required in the 
existing AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
and the FAA's response to the comment.

Request to Reference Later Revisions of the Maintenance Manual

    Marlin Priest requested that we revise the NPRM to reference later 
revisions of the maintenance manual, as operators may not have the 
prior revisions available. The commenter pointed out that Table 3 of 
the NPRM references Learjet 45 Maintenance Manual MM-104, Revision 47, 
dated March 30, 2009; and Learjet 40 Maintenance Manual MM-105, 
Revision 15, dated March 30, 2009. The commenter stated that Learjet 45 
Maintenance Manual MM-104 is currently at a later revision.
    We disagree with the request to refer to a later revision of 
Learjet 45 Maintenance Manual MM-104. The reference to that maintenance 
manual appears in requirements that are simply restated from AD 2009-
11-13. Operators were required to have accomplished those actions 
within 50 flight hours after June 17, 2009 (the effective date of AD 
2009-11-13). Therefore, we find it unnecessary to reference later 
versions of the maintenance manual in Table 3 of this AD. In addition, 
we cannot refer to ``the latest revision of the maintenance manual'' in 
this AD because using the phrase ``or later FAA-approved revisions,'' 
violates Office of the Federal Register regulations for approving 
materials that are incorporated by reference. However, affected 
operators may request approval to use a later revision of the 
referenced maintenance manual as an alternative method of compliance 
under the provisions of paragraph (n) of the final rule. No change has 
been made to this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed--except for minor editorial changes. We have determined 
that these minor changes:
     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 358 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Number of U.S.-
               Action                  Work hours     Average labor          Parts            Cost per airplane      registered          Fleet cost
                                                      rate per hour                                                   airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection (required by AD 2009-11-               3             $85  $0...................  $255 per inspection..             325  $82,875 per
 13).                                                                                                                               inspection.
Modification (new required action).              20              85  Up to $14,740........  Up to $16,440........             358  Up to $5,885,520.
Concurrent Action..................               4              85  $189.................  $529.................             358  $189,382.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

[[Page 37249]]

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2009-11-13, Amendment 39-15923 (74 FR 26288, June 2, 2009), and adding 
the following new AD:

2011-13-10 Learjet Inc.: Amendment 39-16733; Docket No. FAA-2010-
0802; Directorate Identifier 2009-NM-256-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective August 1, 
2011.

Affected ADs

    (b) This AD supersedes AD 2009-11-13, Amendment 39-15923.

Applicability

    (c) This AD applies to Learjet Inc. Model 45 airplanes; 
certificated in any category; serial numbers 45-005 through 45-405 
inclusive, and 45-2001 through 45-2126 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 71: 
Powerplant.

Unsafe Condition

    (e) This AD results from reports of chafed hydraulic tubes in 
the left-hand engine. The Federal Aviation Administration is issuing 
this AD to prevent chafed hydraulic tubes in the left-hand engine 
and consequent hydraulic tube failure and uncontrolled loss of 
flammable fluid within the engine cowling, which could result in a 
fire in the engine nacelle and loss of control of the airplane.

Compliance

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

Restatement of Requirements of AD 2009-11-13

Repetitive Inspections: Case Drain Tube

    (g) For airplanes having serial numbers identified in Table 1 of 
this AD: Within 50 flight hours after June 17, 2009 (the effective 
date of AD 2009-11-13), do a detailed inspection for chafing and 
other damage of the case drain tube from the hydraulic pump case 
installed on the left-hand engine, in accordance with the applicable 
service bulletin identified in Table 1 of this AD. If any damage is 
found, before further flight, reposition or replace the tube, as 
applicable, in accordance with the Accomplishment Instructions of 
the applicable service bulletin identified in Table 1 of this AD. 
Repeat the inspection thereafter at intervals not to exceed 150 
flight hours until the modification required by paragraph (l) of 
this AD is done.

               Table 1--Service Bulletins for Inspections
------------------------------------------------------------------------
                 For--                                Use--
------------------------------------------------------------------------
Serial numbers 45-005 through 45-313     Bombardier Alert Service
 inclusive (commonly referred to as       Bulletin A45-29-15, dated
 ``M45'' airplanes).                      December 26, 2006.
Serial numbers 45-2001 through 45-2063   Bombardier Alert Service
 inclusive (commonly referred to as       Bulletin A40-29-03, dated
 ``M40'' airplanes).                      December 26, 2006.
------------------------------------------------------------------------


    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Repetitive Inspections: Nacelle Tubing

    (h) Within 50 flight hours after June 17, 2009, do a detailed 
inspection for discrepancies of the left engine's nacelle tubing, in 
accordance with the applicable temporary revision (TR) identified in 
Table 2 of this AD. Discrepancies include damaged tubing, and 
inadequate clearance between any unsupported section of the tube or 
other tubing and surrounding components. If any discrepancy is 
found, before further flight, adjust the tubing and clamping or 
replace the tubing, as applicable, in accordance with the applicable 
TR identified in Table 2 of this AD. Repeat the inspection 
thereafter at intervals not to exceed 150 flight hours until the 
modification required by paragraph (l) of this AD is done.

                      Table 2--TRs for inspections
------------------------------------------------------------------------
                 For--                                Use--
------------------------------------------------------------------------
Serial numbers 45-2001 through 45-4000   Learjet 40 TR 71-1, dated April
 inclusive (commonly referred to as       28, 2009, to the Learjet 40
 ``M40'' airplanes).                      Maintenance Manual MM-105.
Serial numbers 45-002 through 45-2000    Learjet 45 TR 71-1, dated April
 inclusive (commonly referred to as       28, 2009, to the Learjet 45
 ``M45'' airplanes).                      Maintenance Manual MM-104.
------------------------------------------------------------------------


[[Page 37250]]

Concurrent Inspections: Fluid Leakage

    (i) Concurrently with each inspection required by paragraph (h) 
of this AD, do a detailed inspection for evidence of engine oil, 
hydraulic fluid, or fuel leakage within the left engine accessory 
compartment, in accordance with the applicable maintenance manual 
section identified in Table 3 of this AD. If there is evidence of 
leakage: Before further flight, remove each plumbing clamp within 
the inspection areas specified in paragraphs (g) and (h) of this AD, 
and clean and remove all evidence of fluid leakage.

          Table 3--Maintenance Manual Sections for Inspections
------------------------------------------------------------------------
                 For--                                Use--
------------------------------------------------------------------------
Serial numbers 45-002 through 45-2000    Section 71-00-00, ``Powerplant--
 inclusive (commonly referred to as       Maintenance Practices,'' and
 ``M45'' airplanes).                      Section 71-00-01, ``Engine--
                                          Maintenance Practices,'' of
                                          the Learjet 45 Maintenance
                                          Manual MM-104, Revision 47,
                                          dated March 30, 2009.
Serial numbers 45-2001 through 45-4000   Section 71-00-01, ``Engine--
 inclusive (commonly referred to as       Maintenance Practices,'' of
 ``M40'' airplanes).                      the Learjet 40 Maintenance
                                          Manual MM-105, Revision 15,
                                          dated March 30, 2009.
------------------------------------------------------------------------

Additional Corrective Action for Fluid Leakage and Inadequate Clearance

    (j) If evidence of fluid leakage was found during any inspection 
required by paragraph (i) of this AD, or if inadequate clearance was 
found during any action required by paragraph (g) or (h) of this AD: 
Before further flight, replace each clamp associated with the fluid 
leakage or inadequate clearance with a new clamp, in accordance with 
the applicable maintenance manual identified in Table 3 of this AD.

Parts Installation

    (k) As of June 17, 2009, no person may re-install, on any 
airplane, any plumbing clamp that has been removed in accordance 
with the requirements of paragraphs (g), (h), (i), or (j) of this 
AD.

New Requirements of This AD

Terminating Action

    (l) Within 300 flight hours or 12 months after the effective 
date of this AD, whichever occurs first, do the actions specified in 
paragraphs (l)(1) and (l)(2) of this AD, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 40-71-04 
(Model 45, serial numbers 45-2001 through 45-2126) or 45-71-7 (Model 
45, serial numbers 45-005 through 45-405), both dated December 7, 
2009, as applicable. Accomplishment of the requirements of 
paragraphs (l) and (m), as applicable, of this AD terminates the 
requirements of paragraphs (g), (h), (i), and (j) of this AD.
    (1) Replace the left engine fuel and hydraulic tubing and 
install a tubing support channel using new parts.
    (2) Do the inspections specified in paragraphs (l)(2)(i), 
(l)(2)(ii), (l)(2)(iii), and (l)(2)(iv) of this AD and all 
applicable corrective actions. Do all applicable corrective actions 
before further flight.
    (i) A general visual inspection for galling of the fuel supply 
manifold assembly;
    (ii) A general visual inspection for minimum clearance between 
the firewall fuel supply tube assembly and the engine firewall 
cutout;
    (iii) A general visual inspection for minimum clearance between 
the lower nacelle hydraulic tube and hose assemblies; and
    (iv) A general visual inspection for minimum clearance between 
the lower nacelle fuel tubes and flexible hoses.
    (m) For airplanes having serial numbers 45-005 through 45-319, 
and 45-321, as identified in Bombardier Service Bulletin 45-71-5, 
dated February 13, 2007; and for airplanes having serial numbers 45-
2001 through 45-2069, as identified in Bombardier Service Bulletin 
40-71-02, dated February 13, 2007: Before or concurrently with 
accomplishing the requirements of paragraph (l) of this AD, do the 
applicable actions specified in paragraphs (m)(1), (m)(2), (m)(3), 
(m)(4), and (m)(5) of this AD, depending on airplane serial number 
and configuration, as specified in, and in accordance with, the 
Accomplishment Instructions of Bombardier Service Bulletin 45-71-5 
(Model 45, serial numbers 45-005 through 45-319, and 45-321), dated 
February 13, 2007; or Bombardier Service Bulletin 40-71-02 (Model 
45, serial numbers 45-2001 through 45-2069), dated February 13, 
2007; as applicable. Do all applicable corrective actions before 
further flight. If, during any inspection required by paragraph 
(m)(3), (m)(4), or (m)(5) of this AD, it is determined that 
clearances are not met, before further flight, replace the tubing in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 45-71-5, dated February 13, 2007; or Bombardier 
Service Bulletin 40-71-02, dated February 13, 2007; as applicable.
    (1) Change the routing and clamping configuration of the engine 
and alternator wire harnesses and the starter/generator wire 
bundles.
    (2) Do a detailed inspection for chafing damage of specific 
hydraulic tubes located within the left engine nacelle between the 
adjacent fuel tubes and to determine if there is interference 
between the fuel tubing and hydraulic tubing; secure hydraulic tubes 
with additional clamps, inspect adjacent fuel tubing for 
interference with the hydraulic tubing, replace the left engine 
hydraulic pump case drain tube on certain airplanes, and do all 
applicable corrective actions.
    (3) Do a general visual inspection for clearance between the 
left engine hydraulic tubing with adjacent tubing, structure, and 
other components.
    (4) Do a general visual inspection for clearance between the 
wire harnesses and the hydraulic and fuel tubing on the left engine.
    (5) Do a general visual inspection for clearance between the 
wire harnesses and the hydraulic and fuel tubing on the right 
engine.

Alternative Methods of Compliance (AMOCs)

    (n)(1) The Manager, Wichita Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved previously in accordance with AD 2009-11-13, 
amendment 39-15923, are approved as AMOCs for the corresponding 
provisions of this AD.

Related Information

    (o) For more information about this AD, contact James Galstad, 
Aerospace Engineer, Systems and Propulsion Branch, ACE-116W, FAA, 
Wichita ACO, 1801 Airport Road, Room 100, Mid-Continent Airport, 
Wichita, Kansas 67209; phone: 316-946-4135; fax: 316-946-4107; e-
mail: [email protected].

Material Incorporated by Reference

    (p) You must use the service information contained in Table 4 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

                                 Table 4--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
              Document                              Revision                                Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin     Original............................  December 26, 2006.
 A45-29-15.

[[Page 37251]]

 
Bombardier Alert Service Bulletin     Original............................  December 26, 2006.
 A40-29-03.
Learjet 40 Temporary Revision 71-1    Original............................  April 28, 2009.
 to the Learjet Maintenance Manual
 MM-105.
Learjet 45 Temporary Revision 71-1    Original............................  April 28, 2009.
 to the Learjet Maintenance Manual
 MM-104.
Sections 71-00-00 and 71-00-01 of     47..................................  March 30, 2009.
 the Learjet 45 Maintenance Manual
 MM-104.
Section 71-00-01 of the Learjet 40    15..................................  March 30, 2009.
 Maintenance Manual MM-105.
Bombardier Service Bulletin 40-71-04  Original............................  December 7, 2009.
Bombardier Service Bulletin 45-71-7.  Original............................  December 7, 2009.
Bombardier Service Bulletin 45-71-5.  Original............................  February 13, 2007.
Bombardier Service Bulletin 40-71-02  Original............................  February 13, 2007.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information contained in 
Table 5 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

             Table 5--New Material Incorporated by Reference
------------------------------------------------------------------------
              Document                               Date
------------------------------------------------------------------------
Bombardier Service Bulletin 40-71-04  December 7, 2009.
Bombardier Service Bulletin 45-71-7.  December 7, 2009.
Bombardier Service Bulletin 45-71-5.  February 13, 2007.
Bombardier Service Bulletin 40-71-02  February 13, 2007.
------------------------------------------------------------------------

    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the service information contained in 
Table 6 of this AD on June 17, 2009 (74 FR 26288, June 2, 2009).

                             Table 6--Material Previously Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
              Document                              Revision                                Date
----------------------------------------------------------------------------------------------------------------
Sections 71-00-00 and 71-00-01 of     47..................................  March 30, 2009.
 the Learjet 45 Maintenance Manual
 MM-104.
Section 71-00-01 of the Learjet 40    15..................................  March 30, 2009.
 Maintenance Manual MM-105.
Bombardier Alert Service Bulletin     Original............................  December 26, 2006.
 A40-29-03.
Bombardier Alert Service Bulletin     Original............................  December 26, 2006.
 A45-29-15.
Learjet 40 Temporary Revision 71-1    Original............................  April 28, 2009.
 to the Learjet Maintenance Manual
 MM-105.
Learjet 45 Temporary Revision 71-1    Original............................  April 28, 2009.
 to the Learjet Maintenance Manual
 MM-104.
----------------------------------------------------------------------------------------------------------------

    (3) For service information identified in this AD, contact 
Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942; 
telephone 316-946-2000; fax 316-946-2220; e-mail 
[email protected]; Internet http://www.bombardier.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, 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 June 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-15579 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-13-P