[Federal Register: April 3, 2003 (Volume 68, Number 64)]
[Rules and Regulations]
[Page 16203-16205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap03-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-CE-13-AD; Amendment 39-13150; AD 2003-07-09]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company Model 390
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain Raytheon Aircraft Company (Raytheon) Model 390
airplanes. This AD requires you to incorporate information into the
FAA-approved Airplane Flight Manual (AFM) that would add requirements
for ``Landing Performance for Operation of the Airplane with Lift Dump
Inoperative.'' This AD is the result of two accidents on the affected
airplanes where a contributing factor was the lift dump spoilers
failing to deploy when commanded after the initial landing. The actions
specified by this AD are intended to require the use of necessary
flight information to prevent runway overruns based on insufficient
aerodynamic and wheel braking if the lift dump spoilers do not operate
after landing touchdown. This could result in reduced or loss of
control of the airplane.
DATES: This AD becomes effective on April 7, 2003.
The Director of the Federal Register approves the incorporation by
reference of certain publications listed in the regulation as of April
7, 2003.
The Federal Aviation Administration (FAA) must receive any comments
on this rule on or before May 17, 2003.
ADDRESSES: Submit comments to FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2003-CE-13-AD, 901
Locust, Room 506, Kansas City, Missouri 64106. You may view any
comments at this location between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. You may also send comments
electronically to the following address: 9-ACE-7-Docket@faa.gov.
Comments sent electronically must contain ``Docket No. 2003-CE-13-AD''
in the subject line. If you send comments electronically as attached
electronic files, the files must be formatted in Microsoft Word 97 for
Windows or ASCII text.
You may get the service information referenced in this AD from
Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-0085;
telephone: (800) 429-5372 or (316) 676-3140. You may view this
information at FAA, Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 2003-CE-13-AD, 901 Locust, Room 506, Kansas
City, Missouri 64106; or at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Derek Morgan, Flight Test Engineer,
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room
100, Wichita, Kansas 67209; telephone: (316) 946-4172; facsimile: (316)
946-4407.
SUPPLEMENTARY INFORMATION:
Discussion
What Events Have Caused This AD?
The FAA has received information of an unsafe condition on Raytheon
Model 390 airplanes. The current procedure for an annunciated lift dump
failure is to increase landing distance by a factor of 1.53. In two
recent accidents of these airplanes, the lift dump spoilers failed to
deploy when commanded after touchdown.
Whether loss of lift dump is annunciated or unannunciated after
touchdown, the pilot (in most instances) does not have enough time to
take effective corrective action.
What Are the Consequences If the Condition Is Not Corrected?
Without requiring the use of necessary flight information, runway
overruns based on insufficient aerodynamic and wheel braking could
occur if the lift dump spoilers do not operate after landing touchdown.
This could result in reduced or loss of control of the airplane.
Is There Service Information That Applies to This Subject?
Raytheon has issued Temporary Change to the FAA Approved Airplane
Flight Manual P/N 390-590001-0003BTC5A1, revised March 24, 2003. This
document:
--Replaces the existing landing distance and brake energy charts with
ones that reflect landing performance without the effects of lift dump
spoilers; and
--Modifies all operating limitations to specify the use of these
landing charts in determining the maximum landing weight.
[[Page 16204]]
Raytheon is working toward a design that would eliminate the need
for this Temporary AFM Change.
The FAA's Determination and an Explanation of the Provisions of This AD
What Has FAA Decided?
The FAA has reviewed all available information, including the
service information referenced above; and determined that:
--The unsafe condition referenced in this document exists or could
develop on other Raytheon Model 390 airplanes of the same type design;
--The information specified in the previously-referenced service
information should be incorporated into the FAA-approved AFM; and
--AD action should be taken in order to correct this unsafe condition.
What Does This AD Require?
This AD requires you to incorporate the previously-referenced
service information into the FAA-approved AFM, which would add
requirements for ``Landing Performance for Operation of the Airplane
with Lift Dump Inoperative.''
As specified previously, Raytheon is working toward a design that
would eliminate the need for these requirements. If completed, FAA will
evaluate and determine whether additional regulatory action is
necessary.
In preparation of this rule, we contacted type clubs and aircraft
operators to obtain technical information and information on
operational and economic impacts. We did not receive any information
through these contacts. If received, we would have included, in the
rulemaking docket, a discussion of any information that may have
influenced this action.
How Does the Revision to 14 CFR Part 39 Affect This AD?
On July 10, 2002, FAA published a new version of 14 CFR part 39 (67
FR 47997, July 22, 2002), which governs FAA's AD system. This
regulation now includes material that relates to special flight
permits, alternative methods of compliance, and altered products. This
material previously was included in each individual AD. Since this
material is included in 14 CFR part 39, we will not include it in
future AD actions.
Because the owner/operator holding an appropriate pilot's license
may accomplish the action of this AD and because the compliance time is
5 hours time-in-service (TIS) after the AD effective date, FAA is not
allowing special flight permits in this AD. We have included a
paragraph in the AD to communicate this information.
Will I Have the Opportunity To Comment Prior to the Issuance of the
Rule?
Because the unsafe condition described in this document could
result in reduced or loss of control of the airplane during landing
operations, we find that notice and opportunity for public prior
comment are impracticable. Therefore, good cause exists for making this
amendment effective in less than 30 days.
Comments Invited
How Do I Comment on This AD?
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, FAA invites your
comments on the rule. You may submit whatever written data, views, or
arguments you choose. You need to include the rule's docket number and
submit your comments to the address specified under the caption
ADDRESSES. We will consider all comments received on or before the
closing date specified above. We may amend this rule in light of
comments received. Factual information that supports your ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether we need to take additional rulemaking
action.
Are There Any Specific Portions of the AD I Should Pay Attention to?
We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. You may view all comments we receive
before and after the closing date of the rule in the Rules Docket. We
will file a report in the Rules Docket that summarizes each FAA contact
with the public that concerns the substantive parts of this AD.
How Can I Be Sure FAA Receives My Comment?
If you want us to acknowledge the receipt of your comments, you
must include a self-addressed, stamped postcard. On the postcard, write
``Comments to Docket No. 2003-CE-13-AD.'' We will date stamp and mail
the postcard back to you.
Regulatory Impact
Does This AD Impact Various Entities?
These regulations 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. Therefore, FAA has determined that this
final rule does not have federalism implications under Executive Order
13132.
Does This AD Involve a Significant Rule or Regulatory Action?
We have determined that this regulation is an emergency regulation
that must be issued immediately to correct an unsafe condition in
aircraft, and is not a significant regulatory action under Executive
Order 12866. It has been determined further that this action involves
an emergency regulation under DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979). If it is determined that this
emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
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]
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2. FAA amends Sec. 39.13 by adding a new airworthiness directive (AD)
to read as follows:
2003-07-09 Raytheon Aircraft Company: Amendment 39-13150; Docket No.
2003-CE-13-AD.
(a) What airplanes are affected by this AD? This AD applies to
Model 390 airplanes with the following serial numbers and are
certificated in any category:
(1) RB-4 through RB-17.
(2) RB-25 through RB-59.
(3) RB-64.
(b) Who must comply with this AD? Anyone who wishes to operate
any of the airplanes identified in paragraph (a) of this AD must
comply with this AD.
(c) What problem does this AD address? The actions specified by
this AD are intended to require the use of necessary flight
[[Page 16205]]
information to prevent runway overruns based on insufficient
aerodynamic and wheel braking if the lift dump spoilers do not
operate after landing touchdown. This could result in reduced or
loss of control of the airplane.
(d) What must I do to address this problem? To address this
problem, you must accomplish the following actions:
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Actions Compliance
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(1) Incorporate information into the FAA- Within the next 5 hours
approved Airplane Flight Manual (AFM) that time-in-service (TIS)
would add requirements for ``Landing after April 7, 2003 (the
Performance for Operation of the Airplane effective date of this
with Lift Dump Inoperative.'' Accomplish AD).
this action by inserting Raytheon Temporary
Change to the FAA Approved Airplane Flight
Manual P/N 390-590001-0003BTC5A1, revised
March 24, 2003.
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(2) The owner/operator holding at least a Within the next 5 hours
private pilot certificate as authorized by TIS after April 7, 2003
section 43.7 of the Federal Aviation (the effective date of
Regulations (14 CFR 43.7) may incorporate this AD).
into the AFM the information specified in
paragraphs (d)(1) 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).
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(e) Are special flight permits authorized for this AD? Special
flight permits are not authorized for this AD. On July 10, 2002, FAA
published a new version of 14 CFR part 39 (67 FR 47997, July 22,
2002), which governs FAA's AD system. Part of this amendment to 14
CFR part 39 authorized special flight permits for all ADs, unless
specified otherwise. Because the owner/operator holding an
appropriate pilot's license may accomplish the action of this AD and
the compliance time is 5 hours TIS after the AD effective date, FAA
has determined that special flight permits are not necessary for
this AD.
(f) Can I comply with this AD in any other way? To use an
alternative method of compliance or adjust the compliance time,
follow the procedures in 14 CFR 39.19. Send these requests to the
Manager, Wichita Aircraft Certification Office (ACO). For
information on any already approved alternative methods of
compliance, contact Derek Morgan, Flight Test Engineer, FAA, Wichita
Aircraft Certification Office, 1801 Airport Road, Room 100, Wichita,
Kansas 67209; telephone: (316) 946-4172; facsimile: (316) 946-4407.
(g) Are any service bulletins incorporated into this AD by
reference? Actions required by this AD must be done in accordance
with Raytheon Temporary Change to the FAA Approved Airplane Flight
Manual P/N 390-590001-0003BTC5A1, revised March 24, 2003. The
Director of the Federal Register approved this incorporation by
reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get
copies from Raytheon Aircraft Company, 9709 E. Central, Wichita,
Kansas 67201-0085; telephone: (800) 429-5372 or (316) 676-3140. You
may view this information at FAA, Central Region, Office of the
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(h) When does this amendment become effective? This amendment
becomes effective on April 7, 2003.
Issued in Kansas City, Missouri, on March 27, 2003.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-8066 Filed 4-2-03; 8:45 am]
BILLING CODE 4910-13-P