[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24344-24347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9393]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1069; Directorate Identifier 2011-NM-025-AD;
Amendment 39-17025; AD 2012-08-08]
RIN 2120-AA64
Airworthiness Directives; Learjet Inc.
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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[[Page 24345]]
SUMMARY: We are adopting a new airworthiness directive (AD) for all
Learjet Inc., Model 45 airplanes. This AD was prompted by changes to
the Airworthiness Limitations Section (ALS) of the maintenance manual,
which adds life-limits, revises life-limits, or adds inspections not
previously identified. This AD requires revising the maintenance
program to include new or more restrictive life-limits and inspections.
We are issuing this AD to limit exposure of flight critical components
to corrosion, cracking, or failure due to life-limits, which if not
corrected, could result in loss of roll control, fatigue cracking, or
loss of structural components.
DATES: This AD is effective May 29, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 29, 2012.
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; email [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: William Griffith, Aerospace Engineer,
Airframe Branch, ACE-118W, FAA, Wichita Aircraft Certification Office,
1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas
67209; phone: 316-946-4116; fax: 316-946-4107; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 19, 2011 (76
FR 64851). That NPRM proposed to require revising the maintenance
program to include new or more restrictive life-limits and inspections.
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 Revisit Interpretation of the Meaning of the Word
``Current''
Flight Concepts requested we revisit our interpretation of the word
``current'' so that the improper use of the airworthiness directive
system would not be needed. This commenter justified its request by
providing Webster's definition of the word ``current.''
We infer that the requested change is in reference to an FAA
memorandum regarding the legal interpretation of section 91.409(f)(3)
of the Federal Aviation Regulations (14 CFR 91.409) and is not
specifically applicable to this AD.
We do not agree that the word ``current'' needs to be defined for
this AD. The utilization of the word ``current'' is not within the
textual body of this AD. This AD requires revising the maintenance
program by incorporating certain tasks, which when performed, address
unsafe conditions. Operators utilizing earlier versions of manual-
specific maintenance programs may not be bound or obligated to follow
newer releases or updates to these maintenance programs. The issue of
the terminology of the word ``current'' and explanation of the
requirement for FAA mandates to newer maintenance actions via the AD
process is addressed in an FAA memorandum dated August 13, 2010, from
the Office of the Chief Counsel. This AD ensures that those specific
tasks covering the unsafe conditions are followed by all operators of
this airplane model. We have not changed the AD in this regard.
Explanation of Additional Changes Made to This AD
We have redesignated Note 1 of the NPRM (76 FR 64851, October 19,
2011) as paragraph (c)(2) of this AD, paragraph (c) as paragraph (c)(1)
of this AD, and Note 2 of the NPRM as Note 1 to paragraph (g) of this
AD.
IRN N3220105 was incorrectly included in table 1 of the
NPRM (76 FR 64851, October 19, 2011). We have removed it from the final
rule.
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 (76 FR 64851, October 19, 2011) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 64851, October 19, 2011).
Costs of Compliance
We estimate that this AD affects 336 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Change ALS in maintenance manual.... 1 work-hour x $85 per $0 $85 $28,560
hour = $85.
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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
[[Page 24346]]
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
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 adding the following new airworthiness
directive (AD):
2012-08-08 Learjet Inc.: Amendment 39-17025; Docket No. FAA-2011-
1069; Directorate Identifier 2011-NM-025-AD.
(a) Effective Date
This AD is effective May 29, 2012.
(b) Affected ADs
None
(c) Applicability
(1) This AD applies to all Learjet Inc., Model 45 airplanes,
certificated in any category.
(2) This AD requires revisions to certain operator maintenance
documents to include new actions (e.g. inspections). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that
have been previously modified, altered, or repaired in the areas
addressed by these actions, 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 according
to paragraph (i) of this AD. The request should include a
description of changes to the required actions that will ensure the
continued operational safety of the airplane. The FAA has provided
guidance for this determination in FAA Advisory Circular (AC)
25.1529-1A, dated November 20, 2007. http://rgl.faa.gov/Regulatory--
and--Guidance--Library/rgAdvisoryCircular.nsf/list/AC%2025.1529-1A/
$FILE/AC%2025.1529-1A.pdf.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 05, Periodic Inspections.
(e) Unsafe Condition
This AD was prompted by changes to the Airworthiness Limitations
Section (ALS) of the maintenance manual (MM), which adds life-
limits, revises life-limits, or adds inspections not previously
identified. We are issuing this AD to limit exposure of flight
critical components to corrosion, cracking, or failure due to life-
limits, which if not corrected, could result in loss of roll
control, fatigue cracking, or loss of structural components.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance Program Revision
Within 90 days after the effective date of this AD, revise the
maintenance program by incorporating the applicable inspection
reference number (IRN) tasks identified in table 1 of this AD, as
specified in Chapter 04, Airworthiness Limitations, of the
Bombardier Learjet 45 Maintenance Manual MM-104, Revision 53, dated
January 10, 2011; or Bombardier Learjet 40 Maintenance Manual MM-
105, Revision 21, dated January 10, 2011; as applicable. The initial
task compliance time is within 90 days after the effective date of
this AD, or the applicable initial compliance time specified in
table 1 of this AD, whichever is later.
Note 1 to paragraph (g) of this AD: IRN R2710041 shown
in table 1 of this AD is identified as IRN N2710041 in
prior revisions of Bombardier Learjet 45 Maintenance Manual MM-104,
and Bombardier Learjet 40 Maintenance Manual MM-105.
Table 1--IRN Task Revision
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Chapter 04 of these
Model-- IRN -- Initial compliance time-- documents--
----------------------------------------------------------------------------------------------------------------
Model 40, 45...................... R2710041............. Within 10 years after the Bombardier Learjet 45
date of issuance of the Maintenance Manual MM-
original standard 104, Revision 53, dated
airworthiness certificate January 10, 2011; or
or the date of issuance Bombardier Learjet 40
of the original export Maintenance Manual MM-
certificate of 105, Revision 21, dated
airworthiness, or within January 10, 2011; as
10 years after the most applicable.
recent replacement,
whichever occurs later.
Model 40, 45...................... Q5510091............. Within 600 flight hours Bombardier Learjet 45
after the most recent Maintenance Manual MM-
inspection done in 104, Revision 53, dated
accordance with IRN January 10, 2011; or
Q5510091. Bombardier Learjet 40
Maintenance Manual MM-
105, Revision 21, dated
January 10, 2011; as
applicable.
Model 40, 45...................... Q5530011............. Before the accumulation of Bombardier Learjet 45
9,600 total flight hours. Maintenance Manual MM-
104, Revision 53, dated
January 10, 2011; or
Bombardier Learjet 40
Maintenance Manual MM-
105, Revision 21, dated
January 10, 2011; as
applicable.
Model 40, 45...................... P3220007............. Within 48 months after the Bombardier Learjet 45
most recent inspection Maintenance Manual MM-
done in accordance with 104, Revision 53, dated
IRN P3220007. January 10, 2011; or
Bombardier Learjet 40
Maintenance Manual MM-
105, Revision 21, dated
January 10, 2011; as
applicable.
[[Page 24347]]
Model 40, 45...................... P3220146............. Before the accumulation of Bombardier Learjet 45
4,800 total landings. Maintenance Manual MM-
104, Revision 53, dated
January 10, 2011; or
Bombardier Learjet 40
Maintenance Manual MM-
105, Revision 21, dated
January 10, 2011; as
applicable.
Model 40, 45...................... N3220012, N3220023, Before the accumulation of Bombardier Learjet 45
N3220035, N3220036, 10,000 total landings on Maintenance Manual MM-
and N3220037. the component. 104, Revision 53, dated
January 10, 2011; or
Bombardier Learjet 40
Maintenance Manual MM-
105, Revision 21, dated
January 10, 2011; as
applicable.
Model 40, 45...................... N3220103, N3220104, Before the accumulation of Bombardier Learjet 45
and N3220106. 17,000 total landings on Maintenance Manual MM-
the component. 104, Revision 53, dated
January 10, 2011; or
Bombardier Learjet 40
Maintenance Manual MM-
105, Revision 21, dated
January 10, 2011; as
applicable.
Model 45.......................... N5710147, N5710171, Before the accumulation of Bombardier Learjet 45
and N5710173. 6,500 total flight hours. Maintenance Manual MM-
104, Revision 53, dated
January 10, 2011.
Model 45.......................... N5710175............. Before the accumulation of Bombardier Learjet 45
6,900 total flight hours. Maintenance Manual MM-
104, Revision 53, dated
January 10, 2011.
Model 45.......................... N5710177............. Before the accumulation of Bombardier Learjet 45
7,000 total flight hours. Maintenance Manual MM-
104, Revision 53, dated
January 10, 2011.
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(h) No Alternative Intervals
After accomplishing the revisions required by paragraph (g) of
this AD, no alternative IRN task or IRN task interval may be used
unless the IRN task or IRN task interval is approved as an AMOC in
accordance with the procedures specified in paragraph (i)(1) of this
AD.
(i) Alternative Methods of Compliance (AMOCs)
(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.
(j) Related Information
For more information about this AD, William Griffith, Aerospace
Engineer, Airframe Branch, ACE-118W, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas 67209; phone: 316-946-4116; fax: 316-946-
4107; email: [email protected].
(k) Material Incorporated by Reference
(1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
(i) Chapter 04, Airworthiness Limitations, of the Bombardier
Learjet 45 Maintenance Manual MM-104, Revision 53, dated January 10,
2011. Only the title page and record of revisions pages of this
document specify the revision level of the document.
(ii) Chapter 04, Airworthiness Limitations, of the Bombardier
Learjet 40 Maintenance Manual MM-105, Revision 21, dated January 10,
2011. Only the title page and record of revisions pages of this
document specify the revision level of the document.
(2) 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; email
[email protected]; Internet http://www.bombardier.com.
(3) 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.
(4) 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 April 9, 2012.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-9393 Filed 4-23-12; 8:45 am]
BILLING CODE 4910-13-P