[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37247-37251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15579]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0802; Directorate Identifier 2009-NM-256-AD;
Amendment 39-16733; AD 2011-13-10]
RIN 2120-AA64
Airworthiness Directives; Learjet Inc. Model 45 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. That AD currently requires, for certain
airplanes, repetitive inspections for chafing and other damage of the
case drain tube from the hydraulic pump case installed on the left-hand
engine, and corrective action if necessary. That AD also requires, for
all airplanes, repetitive inspections for discrepancies of the left
engine's nacelle tubing, repetitive inspections for evidence of fluid
leakage within the left engine accessory compartment, and corrective
actions if necessary. This new AD also requires replacing the left
engine fuel and hydraulic tubing and installing a tubing support
channel, which terminates the repetitive inspections required in the
existing AD. This new AD also removes airplanes from the applicability.
This AD was prompted by reports of chafed hydraulic tubes in the left-
hand engine. We are issuing this AD to prevent chafed hydraulic tubes
in the left-hand engine and consequent hydraulic tube failure and
uncontrolled loss of flammable fluid within the engine cowling, which
could result in a fire in the engine nacelle and loss of control of the
airplane.
DATES: This AD is effective August 1, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 1,
2011.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of June
17, 2009 (74 FR 26288, June 2, 2009).
[[Page 37248]]
ADDRESSES: For service information identified in this AD, contact
Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942; telephone
316-946-2000; fax 316-946-2220; e-mail [email protected];
Internet http://www.bombardier.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call 425-227-1221.
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 (phone: 800-647-5527) is 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: James Galstad, Aerospace Engineer,
Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas 67209; phone: 316-946-4135; fax: 316-946-4107;
e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede airworthiness directive (AD) 2009-11-13, Amendment
39-15923 (74 FR 26288, June 2, 2009). That AD applies to the specified
products. The NPRM published in the Federal Register on August 23, 2010
(75 FR 51701). That NPRM proposed to require, for certain airplanes,
repetitive inspections for chafing and other damage of the case drain
tube from the hydraulic pump case installed on the left-hand engine,
and corrective action if necessary. That NPRM also proposed to require,
for all airplanes, repetitive inspections for discrepancies of the left
engine's nacelle tubing, repetitive inspections for evidence of fluid
leakage within the left engine accessory compartment, and corrective
actions if necessary. That NPRM also proposed to require replacing the
left engine fuel and hydraulic tubing and installing a tubing support
channel which terminates the repetitive inspections required in the
existing AD.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
and the FAA's response to the comment.
Request to Reference Later Revisions of the Maintenance Manual
Marlin Priest requested that we revise the NPRM to reference later
revisions of the maintenance manual, as operators may not have the
prior revisions available. The commenter pointed out that Table 3 of
the NPRM references Learjet 45 Maintenance Manual MM-104, Revision 47,
dated March 30, 2009; and Learjet 40 Maintenance Manual MM-105,
Revision 15, dated March 30, 2009. The commenter stated that Learjet 45
Maintenance Manual MM-104 is currently at a later revision.
We disagree with the request to refer to a later revision of
Learjet 45 Maintenance Manual MM-104. The reference to that maintenance
manual appears in requirements that are simply restated from AD 2009-
11-13. Operators were required to have accomplished those actions
within 50 flight hours after June 17, 2009 (the effective date of AD
2009-11-13). Therefore, we find it unnecessary to reference later
versions of the maintenance manual in Table 3 of this AD. In addition,
we cannot refer to ``the latest revision of the maintenance manual'' in
this AD because using the phrase ``or later FAA-approved revisions,''
violates Office of the Federal Register regulations for approving
materials that are incorporated by reference. However, affected
operators may request approval to use a later revision of the
referenced maintenance manual as an alternative method of compliance
under the provisions of paragraph (n) of the final rule. No change has
been made to this AD in this regard.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed--except for minor editorial changes. We have determined
that these minor changes:
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 358 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Number of U.S.-
Action Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
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Inspection (required by AD 2009-11- 3 $85 $0................... $255 per inspection.. 325 $82,875 per
13). inspection.
Modification (new required action). 20 85 Up to $14,740........ Up to $16,440........ 358 Up to $5,885,520.
Concurrent Action.................. 4 85 $189................. $529................. 358 $189,382.
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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
[[Page 37249]]
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2009-11-13, Amendment 39-15923 (74 FR 26288, June 2, 2009), and adding
the following new AD:
2011-13-10 Learjet Inc.: Amendment 39-16733; Docket No. FAA-2010-
0802; Directorate Identifier 2009-NM-256-AD.
Effective Date
(a) This airworthiness directive (AD) is effective August 1,
2011.
Affected ADs
(b) This AD supersedes AD 2009-11-13, Amendment 39-15923.
Applicability
(c) This AD applies to Learjet Inc. Model 45 airplanes;
certificated in any category; serial numbers 45-005 through 45-405
inclusive, and 45-2001 through 45-2126 inclusive.
Subject
(d) Air Transport Association (ATA) of America Code 71:
Powerplant.
Unsafe Condition
(e) This AD results from reports of chafed hydraulic tubes in
the left-hand engine. The Federal Aviation Administration is issuing
this AD to prevent chafed hydraulic tubes in the left-hand engine
and consequent hydraulic tube failure and uncontrolled loss of
flammable fluid within the engine cowling, which could result in a
fire in the engine nacelle and loss of control of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2009-11-13
Repetitive Inspections: Case Drain Tube
(g) For airplanes having serial numbers identified in Table 1 of
this AD: Within 50 flight hours after June 17, 2009 (the effective
date of AD 2009-11-13), do a detailed inspection for chafing and
other damage of the case drain tube from the hydraulic pump case
installed on the left-hand engine, in accordance with the applicable
service bulletin identified in Table 1 of this AD. If any damage is
found, before further flight, reposition or replace the tube, as
applicable, in accordance with the Accomplishment Instructions of
the applicable service bulletin identified in Table 1 of this AD.
Repeat the inspection thereafter at intervals not to exceed 150
flight hours until the modification required by paragraph (l) of
this AD is done.
Table 1--Service Bulletins for Inspections
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For-- Use--
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Serial numbers 45-005 through 45-313 Bombardier Alert Service
inclusive (commonly referred to as Bulletin A45-29-15, dated
``M45'' airplanes). December 26, 2006.
Serial numbers 45-2001 through 45-2063 Bombardier Alert Service
inclusive (commonly referred to as Bulletin A40-29-03, dated
``M40'' airplanes). December 26, 2006.
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Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Repetitive Inspections: Nacelle Tubing
(h) Within 50 flight hours after June 17, 2009, do a detailed
inspection for discrepancies of the left engine's nacelle tubing, in
accordance with the applicable temporary revision (TR) identified in
Table 2 of this AD. Discrepancies include damaged tubing, and
inadequate clearance between any unsupported section of the tube or
other tubing and surrounding components. If any discrepancy is
found, before further flight, adjust the tubing and clamping or
replace the tubing, as applicable, in accordance with the applicable
TR identified in Table 2 of this AD. Repeat the inspection
thereafter at intervals not to exceed 150 flight hours until the
modification required by paragraph (l) of this AD is done.
Table 2--TRs for inspections
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For-- Use--
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Serial numbers 45-2001 through 45-4000 Learjet 40 TR 71-1, dated April
inclusive (commonly referred to as 28, 2009, to the Learjet 40
``M40'' airplanes). Maintenance Manual MM-105.
Serial numbers 45-002 through 45-2000 Learjet 45 TR 71-1, dated April
inclusive (commonly referred to as 28, 2009, to the Learjet 45
``M45'' airplanes). Maintenance Manual MM-104.
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[[Page 37250]]
Concurrent Inspections: Fluid Leakage
(i) Concurrently with each inspection required by paragraph (h)
of this AD, do a detailed inspection for evidence of engine oil,
hydraulic fluid, or fuel leakage within the left engine accessory
compartment, in accordance with the applicable maintenance manual
section identified in Table 3 of this AD. If there is evidence of
leakage: Before further flight, remove each plumbing clamp within
the inspection areas specified in paragraphs (g) and (h) of this AD,
and clean and remove all evidence of fluid leakage.
Table 3--Maintenance Manual Sections for Inspections
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For-- Use--
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Serial numbers 45-002 through 45-2000 Section 71-00-00, ``Powerplant--
inclusive (commonly referred to as Maintenance Practices,'' and
``M45'' airplanes). Section 71-00-01, ``Engine--
Maintenance Practices,'' of
the Learjet 45 Maintenance
Manual MM-104, Revision 47,
dated March 30, 2009.
Serial numbers 45-2001 through 45-4000 Section 71-00-01, ``Engine--
inclusive (commonly referred to as Maintenance Practices,'' of
``M40'' airplanes). the Learjet 40 Maintenance
Manual MM-105, Revision 15,
dated March 30, 2009.
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Additional Corrective Action for Fluid Leakage and Inadequate Clearance
(j) If evidence of fluid leakage was found during any inspection
required by paragraph (i) of this AD, or if inadequate clearance was
found during any action required by paragraph (g) or (h) of this AD:
Before further flight, replace each clamp associated with the fluid
leakage or inadequate clearance with a new clamp, in accordance with
the applicable maintenance manual identified in Table 3 of this AD.
Parts Installation
(k) As of June 17, 2009, no person may re-install, on any
airplane, any plumbing clamp that has been removed in accordance
with the requirements of paragraphs (g), (h), (i), or (j) of this
AD.
New Requirements of This AD
Terminating Action
(l) Within 300 flight hours or 12 months after the effective
date of this AD, whichever occurs first, do the actions specified in
paragraphs (l)(1) and (l)(2) of this AD, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 40-71-04
(Model 45, serial numbers 45-2001 through 45-2126) or 45-71-7 (Model
45, serial numbers 45-005 through 45-405), both dated December 7,
2009, as applicable. Accomplishment of the requirements of
paragraphs (l) and (m), as applicable, of this AD terminates the
requirements of paragraphs (g), (h), (i), and (j) of this AD.
(1) Replace the left engine fuel and hydraulic tubing and
install a tubing support channel using new parts.
(2) Do the inspections specified in paragraphs (l)(2)(i),
(l)(2)(ii), (l)(2)(iii), and (l)(2)(iv) of this AD and all
applicable corrective actions. Do all applicable corrective actions
before further flight.
(i) A general visual inspection for galling of the fuel supply
manifold assembly;
(ii) A general visual inspection for minimum clearance between
the firewall fuel supply tube assembly and the engine firewall
cutout;
(iii) A general visual inspection for minimum clearance between
the lower nacelle hydraulic tube and hose assemblies; and
(iv) A general visual inspection for minimum clearance between
the lower nacelle fuel tubes and flexible hoses.
(m) For airplanes having serial numbers 45-005 through 45-319,
and 45-321, as identified in Bombardier Service Bulletin 45-71-5,
dated February 13, 2007; and for airplanes having serial numbers 45-
2001 through 45-2069, as identified in Bombardier Service Bulletin
40-71-02, dated February 13, 2007: Before or concurrently with
accomplishing the requirements of paragraph (l) of this AD, do the
applicable actions specified in paragraphs (m)(1), (m)(2), (m)(3),
(m)(4), and (m)(5) of this AD, depending on airplane serial number
and configuration, as specified in, and in accordance with, the
Accomplishment Instructions of Bombardier Service Bulletin 45-71-5
(Model 45, serial numbers 45-005 through 45-319, and 45-321), dated
February 13, 2007; or Bombardier Service Bulletin 40-71-02 (Model
45, serial numbers 45-2001 through 45-2069), dated February 13,
2007; as applicable. Do all applicable corrective actions before
further flight. If, during any inspection required by paragraph
(m)(3), (m)(4), or (m)(5) of this AD, it is determined that
clearances are not met, before further flight, replace the tubing in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 45-71-5, dated February 13, 2007; or Bombardier
Service Bulletin 40-71-02, dated February 13, 2007; as applicable.
(1) Change the routing and clamping configuration of the engine
and alternator wire harnesses and the starter/generator wire
bundles.
(2) Do a detailed inspection for chafing damage of specific
hydraulic tubes located within the left engine nacelle between the
adjacent fuel tubes and to determine if there is interference
between the fuel tubing and hydraulic tubing; secure hydraulic tubes
with additional clamps, inspect adjacent fuel tubing for
interference with the hydraulic tubing, replace the left engine
hydraulic pump case drain tube on certain airplanes, and do all
applicable corrective actions.
(3) Do a general visual inspection for clearance between the
left engine hydraulic tubing with adjacent tubing, structure, and
other components.
(4) Do a general visual inspection for clearance between the
wire harnesses and the hydraulic and fuel tubing on the left engine.
(5) Do a general visual inspection for clearance between the
wire harnesses and the hydraulic and fuel tubing on the right
engine.
Alternative Methods of Compliance (AMOCs)
(n)(1) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) AMOCs approved previously in accordance with AD 2009-11-13,
amendment 39-15923, are approved as AMOCs for the corresponding
provisions of this AD.
Related Information
(o) For more information about this AD, contact James Galstad,
Aerospace Engineer, Systems and Propulsion Branch, ACE-116W, FAA,
Wichita ACO, 1801 Airport Road, Room 100, Mid-Continent Airport,
Wichita, Kansas 67209; phone: 316-946-4135; fax: 316-946-4107; e-
mail: [email protected].
Material Incorporated by Reference
(p) You must use the service information contained in Table 4 of
this AD, as applicable, to do the actions required by this AD,
unless the AD specifies otherwise.
Table 4--All Material Incorporated by Reference
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Document Revision Date
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Bombardier Alert Service Bulletin Original............................ December 26, 2006.
A45-29-15.
[[Page 37251]]
Bombardier Alert Service Bulletin Original............................ December 26, 2006.
A40-29-03.
Learjet 40 Temporary Revision 71-1 Original............................ April 28, 2009.
to the Learjet Maintenance Manual
MM-105.
Learjet 45 Temporary Revision 71-1 Original............................ April 28, 2009.
to the Learjet Maintenance Manual
MM-104.
Sections 71-00-00 and 71-00-01 of 47.................................. March 30, 2009.
the Learjet 45 Maintenance Manual
MM-104.
Section 71-00-01 of the Learjet 40 15.................................. March 30, 2009.
Maintenance Manual MM-105.
Bombardier Service Bulletin 40-71-04 Original............................ December 7, 2009.
Bombardier Service Bulletin 45-71-7. Original............................ December 7, 2009.
Bombardier Service Bulletin 45-71-5. Original............................ February 13, 2007.
Bombardier Service Bulletin 40-71-02 Original............................ February 13, 2007.
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(1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 5 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
Table 5--New Material Incorporated by Reference
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Document Date
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Bombardier Service Bulletin 40-71-04 December 7, 2009.
Bombardier Service Bulletin 45-71-7. December 7, 2009.
Bombardier Service Bulletin 45-71-5. February 13, 2007.
Bombardier Service Bulletin 40-71-02 February 13, 2007.
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(2) The Director of the Federal Register previously approved the
incorporation by reference of the service information contained in
Table 6 of this AD on June 17, 2009 (74 FR 26288, June 2, 2009).
Table 6--Material Previously Incorporated by Reference
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Document Revision Date
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Sections 71-00-00 and 71-00-01 of 47.................................. March 30, 2009.
the Learjet 45 Maintenance Manual
MM-104.
Section 71-00-01 of the Learjet 40 15.................................. March 30, 2009.
Maintenance Manual MM-105.
Bombardier Alert Service Bulletin Original............................ December 26, 2006.
A40-29-03.
Bombardier Alert Service Bulletin Original............................ December 26, 2006.
A45-29-15.
Learjet 40 Temporary Revision 71-1 Original............................ April 28, 2009.
to the Learjet Maintenance Manual
MM-105.
Learjet 45 Temporary Revision 71-1 Original............................ April 28, 2009.
to the Learjet Maintenance Manual
MM-104.
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(3) For service information identified in this AD, contact
Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942;
telephone 316-946-2000; fax 316-946-2220; e-mail
[email protected]; Internet http://www.bombardier.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on June 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-15579 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-13-P