[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Rules and Regulations]
[Page 1815-1816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja08-1]
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Rules and Regulations
Federal Register
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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;
Amendment 39-15328; AD 2008-01-03]
RIN 2120-AA64
Airworthiness Directives; Learjet Model 45 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Learjet Model 45 airplanes. This AD requires 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). This AD
results from new and more restrictive life limits and inspection
intervals for certain 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.
DATES: This AD becomes effective February 14, 2008.
ADDRESSES: For service information identified in this AD, contact
Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942.
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 (telephone 800-647-5527) is the 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: 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:
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
Learjet Model 45 airplanes. That supplemental NPRM was published in the
Federal Register on June 18, 2007 (72 FR 33415). That supplemental NPRM
proposed to require revising the Airworthiness Limitations section
(ALS) of the airplane maintenance manual to incorporate certain
inspections and compliance times to detect fatigue cracking of certain
principal structural elements (PSEs).
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the single comment received.
Request To Clarify Paragraph (f) of the Supplemental NPRM
Averitt Air states that the supplemental NPRM lists Chapter 4 of
the Learjet 45 Maintenance Manual, Revision 38, dated April 24, 2006,
as a means of compliance with the supplemental NPRM. Averitt points out
that the maintenance manual is currently at Revision 39, with Revision
40 coming soon. Averitt states that as the supplemental NPRM is
currently worded, with each revision to the maintenance manual the
operator will have to review Chapter 4 of the maintenance manual to
ensure no changes have been made. Averitt also points out that each
operator is required by Federal Aviation Regulations (FARs) to comply
with the latest revision of the airworthiness limitations for his
aircraft. Averitt questions the issuance of the AD at this time.
Averitt states that the manufacturer of Learjet Model 45 airplanes is
proactive in advising the operator of revisions to the maintenance
manual.
We infer that Averitt would like us to put words in the AD that
allow for the use of later revisions of the maintenance manual. As
Averitt notes, operators must comply with the terms of the ALS, as
specified in sections 43.16 (for persons maintaining products) and
91.403 (for operators) of the Federal Aviation Regulations (14 CFR
43.16 and 14 CFR 91.403). However, for the FAA to require compliance
with any new or more restrictive life limits and inspections that the
manufacturer or the FAA might impose in the ALS, we must engage in
rulemaking; if we do not engage in rulemaking, the revised limitations
in the maintenance manual cannot be made mandatory. We do, however,
agree with Averitt's request to allow accomplishing the AWL revision in
accordance with later revisions. We have revised paragraph (f) of this
AD to allow later revisions of the maintenance manuals as acceptable
methods of compliance if they are approved by the Manager, Wichita
Aircraft Certification Office (ACO), FAA.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We also determined that this
change will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
There are about 347 airplanes of the affected design in the
worldwide fleet. This AD affects about 258 airplanes of U.S. registry.
The actions 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 AD 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
[[Page 1816]]
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 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. 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.
Adoption of the Amendment
0
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2008-01-03 Learjet: Amendment 39-15328. Docket No. FAA-2006-25174;
Directorate Identifier 2005-NM-007-AD.
Effective Date
(a) This AD becomes effective February 14, 2008.
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 specified in paragraph (f)(1)
or (f)(2) of this AD in the AMM is one approved method for doing the
revision. Accomplishing the revision in accordance with a later
approved revision of the applicable maintenance manual is an
acceptable method of compliance if the revision is approved by the
Manager, Wichita ACO, FAA. Thereafter, no alternative life limits or
inspection intervals may be used for the affected PSEs, unless the
limit or interval is part of a later approved AMM revision or the
limit or interval is approved as an alternative method of compliance
(AMOC) in accordance with the procedures specified in paragraph (g)
of this AD.
(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.
Material Incorporated by Reference
(h) None.
Issued in Renton, Washington, on December 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-163 Filed 1-9-08; 8:45 am]
BILLING CODE 4910-13-P