[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Rules and Regulations]
[Page 65389-65391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no06-6]
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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:
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Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
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80 work-hours x $80 per hour = $6,400......... Not applicable.................. $6,400 $864,000
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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:
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Model Serial Nos.
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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:
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Actions Compliance Procedures
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(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.
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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]
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