[Federal Register: June 18, 2007 (Volume 72, Number 116)]
[Proposed Rules]
[Page 33415-33417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn07-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25174; Directorate Identifier 2005-NM-007-AD]
RIN 2120-AA64
Airworthiness Directives; Learjet Model 45 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier proposed airworthiness
directive (AD) for certain Learjet Model 45 airplanes. The original
NPRM would have required revising the Airworthiness Limitations section
of the airplane maintenance manual to incorporate certain inspections
and compliance times to detect fatigue cracking of certain principal
structural elements (PSEs). The original NPRM resulted from new and
more restrictive life limits and inspection intervals for certain PSEs.
This action revises the original NPRM by changing the applicability to
add certain airplanes. We are proposing this supplemental NPRM to
ensure that fatigue cracking of various PSEs is detected and corrected;
such fatigue cracking could adversely affect the structural integrity
of these airplanes.
DATES: We must receive comments on this supplemental NPRM by July 13,
2007.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942,
for service information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Steve Litke, Aerospace Engineer,
Airframe and Services Branch, ACE-118W, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas 67209; telephone (316) 946-4127; fax (316)
946-4107.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2006-25174; Directorate Identifier 2005-NM-007-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this supplemental NPRM. Using the search function
of that web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Operations office between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
Docket Operations office (telephone (800) 647-5527) is located on the
ground floor of the West Building at the street address stated in the
ADDRESSES section. Comments will be available in the AD docket shortly
after the Docket Management System receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an AD (the ``original NPRM'') for certain Learjet
Model 45 airplanes. The original NPRM was published in the Federal
Register on June 26, 2006 (71 FR 36255). The original NPRM proposed to
require revising the Airworthiness Limitations section of the airplane
maintenance manual to incorporate certain inspections and compliance
times to detect fatigue cracking of certain principal structural
elements (PSEs).
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, the manufacturer has informed us
that the actions in the NPRM apply to serial numbers (S/Ns) 45-005
through 45-302 inclusive, and 45-2001 through 45-2049 inclusive. We
issued the original NPRM to apply to S/Ns 45-002 through 45-233
inclusive, and S/Ns 45-2001 through 45-2031 inclusive. The supplemental
NPRM includes this change in applicability.
[[Page 33416]]
Comments
We have considered the following comments on the original NPRM.
Requests to Withdraw the NPRM
Koch Business Holdings, LLC (Koch), asks if this proposed AD is
necessary. Koch states that operators are already required to use the
most up-to-date manuals, and wonders if it can expect to see an AD for
every make and model of airplane for which a more restrictive change is
made to the Airworthiness Limitations section of the airplane
maintenance manual (AMM). Koch suggests that we streamline the
paperwork instead of increasing the paperwork. Koch further states that
the FAA cannot write an AD against a maintenance manual, and that this
proposed AD merely adds a requirement to comply with a requirement (the
maintenance manuals). Koch states that the proposed AD will not make
certain that maintenance items are complied with. Koch suggests,
instead of an AD, that we send out the information using advisory
wires, service newsletters, and letters from the FAA to the operators.
Koch states that it is 100 percent about safety, but believes that the
proposed AD just distracts from safety.
McWane, Inc., also states that the proposed AD is unnecessary
because the regulatory requirement for complying with the Chapter 4 AMM
revisions already exists. McWane explains that the Chapter 4 items are
Airworthiness Limitations that are directly tied to the original type
certificate; non-compliance places the aircraft outside the
requirements of the original type design. McWane feels that using an AD
in this case is overkill and an inappropriate use of rulemaking. McWane
is primarily concerned that this action would set a precedent that
would allow an original equipment manufacturer to let the FAA ``become
their scapegoat'' instead of working with operators to ensure
compliance with revised data. McWane suggests getting the information
out using other means, and issuing an AD only against non-compliant
airplanes.
We infer that the commenters would like us to withdraw the original
NPRM. We disagree. We have determined that an unsafe condition exists,
and that the actions proposed in the original NPRM are necessary to
ensure the continued operational safety of the affected fleet.
Compliance with the terms of Airworthiness Limitations sections is
required by Federal Aviation Regulations Sections 43.16 (for persons
maintaining products) and 91.403 (for operators). Based on in-service
data or post certification testing and evaluation, the manufacturer may
revise the Airworthiness Limitations section to include new or more
restrictive life limits and inspections. Or it may become necessary for
the FAA to impose new or more restrictive life limits and structural
inspections in order to ensure continued structural integrity and
continued compliance with damage tolerance requirements. However, in
order to require compliance with these new inspection requirements and
life limits, the FAA must engage in rulemaking. Therefore, if we do not
issue an AD, the revised limitations in the AMMs cannot be made
mandatory. Because loss of structural integrity would constitute an
unsafe condition, it is appropriate to impose these requirements
through the AD process. We have not changed the supplemental NPRM in
this regard.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Addition of Note To Clarify Requirements of Paragraph (f) of the
Supplemental NPRM
We have added Note 2 to the supplemental NPRM to clarify that after
an operator complies with the requirements of paragraph (f) of the
proposed AD, that paragraph does not require that operators
subsequently record accomplishment of those requirements each time an
action is accomplished according to that operator's FAA-approved
maintenance inspection program.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed in the section titled ``Actions since
Original NPRM was Issued'' expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
There are about 347 airplanes of the affected design in the
worldwide fleet. This supplemental NPRM would affect about 258
airplanes of U.S. registry. The proposed actions would take about 1
work hour per airplane, at an average labor rate of $80 per work hour.
Based on these figures, the estimated cost of this supplemental NPRM
for U.S. operators is $20,640, or $80 per airplane.
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 have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
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 regulatory evaluation of the estimated costs to
comply with this supplemental NPRM and placed it in the AD docket. See
the ADDRESSES section for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
[[Page 33417]]
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
LEARJET: Docket No. FAA-2006-25174; Directorate Identifier 2005-NM-
007-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by July 13,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Learjet Model 45 airplanes, certificated
in any category; serial numbers (S/Ns) 45-002 through 45-302
inclusive, and S/Ns 45-2001 through 45-2049 inclusive.
Unsafe Condition
(d) This AD results from new and more restrictive life limits
and inspection intervals for certain principal structural elements
(PSEs). We are issuing this AD to ensure that fatigue cracking of
various PSEs is detected and corrected; such fatigue cracking could
adversely affect the structural integrity of these airplanes.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25-1529-1.
Revise the Airworthiness Limitations Section (ALS)
(f) Within 30 days after the effective date of this AD, revise
the ALS of the airplane maintenance manual (AMM) to include new life
limits and inspection intervals according to a method approved by
the Manager, Wichita Aircraft Certification Office (ACO), FAA.
Incorporating the applicable chapters in paragraph (f)(1) or (f)(2)
of this AD in the AMM is one approved method for doing the revision.
Thereafter, except as provided in paragraph (g) of this AD, no
alternative life limits or inspection intervals may be approved for
the affected PSEs.
(1) For Learjet Model 45 airplanes, S/Ns 45-002 through 45-302
inclusive: Chapter 4 of the Learjet 45 Maintenance Manual, Revision
38, dated April 24, 2006.
(2) For Learjet Model 45 airplanes, S/Ns 45-2001 through 45-2049
inclusive: Chapter 4 of the Learjet 40 Maintenance Manual, Revision
6, dated April 24, 2006.
Note 2: After an operator complies with the requirements of
paragraph (f) of this AD, that paragraph does not require that
operators subsequently record accomplishment of those requirements
each time an action is accomplished according to that operator's
FAA-approved maintenance inspection program.
AMOCs
(g)(1) The Manager, Wichita ACO, has the authority to approve
AMOCs for this AD, if requested in accordance with the procedures
found in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Issued in Renton, Washington, on June 8, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-11682 Filed 6-15-07; 8:45 am]
BILLING CODE 4910-13-P