FR Doc E6-22382

[Federal Register: December 28, 2006 (Volume 71, Number 249)]
[Rules and Regulations]
[Page 78051-78053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de06-6]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

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]

BILLING CODE 4910-13-P