AD 2004-23-02

[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Rules and Regulations]
[Pages 64842-64846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24718]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-51-AD; Amendment 39-13857; AD 2004-23-02]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company 65, 90, 99, 
100, 200, and 1900 Series Airplanes, and Models 70 and 300 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA supersedes Airworthiness Directive (AD) 87-22-01 R1, 
which applies to certain Raytheon Aircraft Company (Raytheon) 65, 90, 
99, 100, 200, and 1900 series airplanes, and Models 70 and 300 
airplanes. AD 87-22-01 R1 currently requires you to repetitively 
inspect the nose landing gear (NLG) fork for cracks. If cracks are 
found that exceed certain limits, AD 87-22-01 R1 requires you to 
replace the NLG fork with a serviceable part or an improved NLG fork 
(Kit No. 101-8030-1 S or Kit No. 114-8015-1 S, as applicable). 
Incorporating an improved NLG fork kit terminates the repetitive 
inspection requirements. This AD is the result of FAA's policy (since 
1996) to disallow airplane operation when known cracks exist in primary 
structure. This AD retains the inspection requirements of AD 87-22-01 
R1, requires you to incorporate an improved NLG fork kit anytime a 
crack is found, and adds additional airplanes to the applicability 
section of this AD. We are issuing this AD to detect and correct cracks 
in the NLG fork, which could result in reduced structural integrity and 
inability of the NLG fork to carry design limit and ultimate loads. The 
reduced residual strength may cause separation failure of the NLG fork, 
which could result in loss of control of the airplane during take off, 
landing, and taxi operations.

DATES: This AD becomes effective on December 23, 2004.
    As of December 23, 2004, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: You may get the service information identified in this AD 
from Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-
0085; telephone: (800) 429-5372 or (316) 676-3140.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-51-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven E. Potter, Aerospace Engineer, 
Wichita Aircraft Certification Office (ACO), FAA, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 946-
4407.

SUPPLEMENTARY INFORMATION:

Discussion

    Has FAA taken any action to this point? Reports of cracks in the 
nose landing gear (NLG) fork on several Raytheon airplanes caused us to 
issue AD 87-22-01, Amendment 39-5748, and AD 87-22-01 R1, Amendment 39-
6312, against certain Raytheon 65, 90, 99, 100, 200, and 1900 series 
airplanes, and Models 70 and 300 airplanes.
    AD 87-22-01 required you to repetitively inspect the nose landing 
gear (NLG) fork for cracks. If cracks were

[[Page 64843]]

found during any inspection that exceeded certain limits, you were 
required to replace the NLG fork with a serviceable part.
    AD 87-22-01 R1 retained the repetitive inspection and replacement 
requirements from AD 87-22-01. AD 87-22-01 R1 also introduced 
incorporating an improved NLG fork (Kit No. 101-8030-1 S or Kit No. 
114-8015-1 S, as applicable) as a terminating action for the repetitive 
inspection requirements of this AD.
    What has happened since AD 87-22-01 R1 to initiate this action? As 
currently written, AD 87-22-01 R1 allows continued flight if cracks are 
found in the NLG fork that do not exceed certain limits. In 1996, FAA 
developed policy to not allow airplane operation when known cracks 
exist in primary structure, unless the ability to sustain limit and 
ultimate load with these cracks is proven. The NLG fork is considered 
primary structure, and the FAA has not received any analysis to prove 
that limit and ultimate loads can be sustained with cracks in this 
area.
    This AD brings the actions of AD 87-22-01 R1 in compliance with FAA 
policy. Therefore, FAA has determined the crack limits contained in AD 
87-22-01 R1 should be eliminated and that AD action should be taken to 
require immediate incorporation of Kit No. 101-8030-1 S or Kit No. 114-
8015-1 S, as applicable, anytime a crack is found.
    This policy did not exist when we issued AD 87-22-01 and AD 87-22-
01 R1.
    What is the potential impact if FAA took no action? This condition, 
if not detected and corrected, could cause failure of the NLG fork to 
carry design limit and ultimate loads. Failure of the NLG fork could 
result in loss of control of the airplane during take off, landing, and 
taxi operations.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to certain Raytheon Aircraft Company 
(Raytheon) 65, 90, 99, 100, 200, and 1900 series airplanes, and Models 
70 and 300 airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on March 18, 2004 
(12807). The NPRM proposed to require you to repetitively inspect the 
nose landing gear (NLG) fork for cracks replacing the NLG fork assembly 
anytime cracks are found.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue No. 1: Clarify the Applicability

    What is the commenter's concern? The commenter states the 
compliance statement in paragraph (e)(1) of the proposed AD is 
confusing. The compliance statement requires an initial inspection of 
the nose landing gear (NLG) fork assembly for any signs of cracks on 
airplanes not previously affected by AD 87-22-01 R1. This inspection is 
required within the next 200 hours time-in-service (TIS) after the 
effective date of this AD. However, it is also stated later in the 
proposed AD that incorporation of Kit No. 101-8030-1 S or Kit No. 114-
8015-1 S (as applicable) is a terminating action to the requirements of 
the AD and no further action is required. The commenter states that it 
does not make sense to comply with the initial inspection if you have 
already done the terminating action.
    The commenter states the reason that AD 87-22-01 R1 did not affect 
most airplanes is because they incorporate Kit No. 101-8030-1 S or Kit 
No. 114-8015-1 S (as applicable).
    We infer the commenter wants more clarification to exempt airplanes 
that incorporate Kit No. 101-8030-1 S or Kit No. 114-8015-1 S (as 
applicable) from the applicability of the AD.
    What is FAA's response to the concern? We agree that additional 
clarification may help remove confusion about the need to comply with 
the initial inspection required in the proposed AD. The proposed AD was 
written to account for the different set of serial numbers affected by 
AD 87-22-01 R1 and the proposed AD.
    We will add a statement to paragraph (c) and (e)(1) to clarify that 
airplanes that already incorporate Kit No. 101-8030-1 S or Kit No. 114-
8015-1 S (as applicable) are exempt from this AD.
    We will change the final rule AD based on this comment.

Comment Issue No. 2: Replacement Parts Not Available

    What is the commenter's concern? The commenter states that in April 
2004, Raytheon Aircraft Company (Raytheon) did not have a supply of 
replacements kits available. The commenter is concerned that a shortage 
of replacement kits could ground the affected airplanes.
    We infer the commenter wants us to confirm the availability and 
supply of replacements kits before issuing the final rule AD.
    What is FAA's response to the concern? We concur with the commenter 
that a low supply of replacement kits would be a problem. However, on 
the effective date of this AD, Raytheon has assured us that replacement 
kits will be available.
    We are not changing the final rule AD based on this comment.

Comment Issue No. 3: Revise the Proposed AD

    What is the commenter's concern? The commenter states that AD 87-
22-01 R1 sufficiently addresses inspecting and monitoring cracks in the 
nose landing gear (NLG) fork. The commenter states that no failures 
occurred after using the procedures and crack limitations set in AD 87-
22-01 R1. The commenter adds that he has several hundred thousands of 
hours of experience with numerous affected airplanes with only three or 
four cracks found in the past 20 years.
    The commenter also disagrees with the FAA's policy (since 1996) to 
disallow airplane operation when known cracks exist in a primary 
structure. The commenter states the policy is not justified by 
quantifiable resulting safety improvements and needs to be revised.
    The commenter states the proposed AD imposes an unnecessary 
economic burden upon the owners/operators of the affected airplanes.
    The commenter wants AD 87-22-01 R1 to remain in place since it 
allows a reasonable period of time after discovering a crack to obtain 
and install a replacement kit.
    What is FAA's response to the concern? We do not concur with the 
commenter. In 1996, FAA developed policy to not allow airplane 
operation when known cracks exist in primary structure, unless the 
ability to sustain limit and ultimate load with these cracks is proven. 
The NLG fork is considered primary structure, and the FAA has not 
received any analysis to prove that limit and ultimate loads can be 
sustained with cracks in this area. For this reason, the FAA has 
determined the crack limits contained in AD 87-22-01 R1 should be 
eliminated and that AD action should be taken to require immediate 
incorporation of Kit No. 101-8030-1 S or Kit No. 114-8015-1 S (as 
applicable) anytime a crack is found.
    We are not changing the final rule AD based on this comment.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for

[[Page 64844]]

the changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--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.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 5,296 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to accomplish the 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                   Total cost per
              Labor cost                        Parts cost            airplane      Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 per hour = $130.....  Not applicable...........            $130  $130 x 5,296 = $688,480.
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    We estimate the following costs to accomplish any necessary 
replacements that will be required based on the results of this 
inspection. We have no way of determining the number of airplanes that 
may need this repair/replacement:

------------------------------------------------------------------------
         Labor cost                Parts cost        Total cost per kit
------------------------------------------------------------------------
4 workhours x $65 per hour =  Kit No. 101-8030-1 S  Kit No. 101-8030-1
 $260.                         = $4,152.             S: $260 + $4,152 =
                                                     $4,412.
                              Kit No. 114-8015-1 S  Kit No. 114-8015-1
                               = $4,210.             S: $260 + $4,210 =
                                                     $4,470.
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Regulatory Findings

    Will this AD impact various entities? 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.
    Will this AD involve a significant rule or regulatory action? 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 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 summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-51-AD'' in your request.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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) 
87-22-01 R1, Amendment 39-6312, and by adding a new AD to read as 
follows:

2004-23-02 Raytheon Aircraft Company: Amendment 39-13857; Docket No. 
2003-CE-51-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on December 23, 2004.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 87-22-01 R1, Amendment 39-6312.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that:
    (1) Do not incorporate Kit No. 1001-8030-1 S or Kit No. 114-
8015-1 S (as applicable); and
    (2) Are certificated in any category:

------------------------------------------------------------------------
                 Model                            Serial numbers
------------------------------------------------------------------------
(i) A65 and A65-8200...................  LC-240 through LC-335.
(ii) 70................................  LB-1 through LB-35.
(iii) 65-A80, 65-A80-8800, and 65-B80..  LD-151 through LD-511.
(iv) 65-88.............................  LP-1 through LP-26, LP-28, and
                                          LP-30 through LP-47.
(v) 65-90, 65-A90, B90, C90, and C90A..  LJ-1 through LJ-1190.
(vi) 65-A90-1 (U-21A, JU-21A, U-21G, RU- LM-1 through LM-141.
 21A, RU-21D, and RU-21H).
(vii) 65-A90-2 (RU-21B)................  LS-1 through LS-3.
(viii) 65-A90-3 (RU-21C)...............  LT-1 and LT-2.
(ix) 65-A90-4 (RU-21E and RU-21H)......  LU-1 through LU-15.

[[Page 64845]]

 
(x) E90................................  LW-1 through LW-347.
(xi) F90...............................  LA-2 through LA-236.
(xii) H90 (T-44A)......................  LL-1 through LL-61.
(xiii) 99, 99A, A99, A99A, B99, and C99  U-1 through U-239.
(xiv) 100 and A100.....................  B-2 through B-93, and B-100
                                          through B-247.
(xv) A100 (U-21F)......................  B-95 through B-99.
(xvi) A100-1 (U-21J)...................  BB-3 through BB-5.
(xvii) B100............................  BE-1 through BE-137.
(xviii) 200 and B200...................  BB-2, and BB-6 through BB-1314.
(xix) 200C and B200C...................  BL-1 through BL-72, and BL-124
                                          through BL-131.
(xx) 200CT and B200CT..................  BN-1 through BN-4.
(xxi) 200T and B200T...................  BT-1 through BT-33.
(xxii) A200 (C-12A and C-12C)..........  BC-1 through BC-75 and BD-1
                                          through BD-30.
(xxiii) A200C (UC-12B).................  BJ-1 through BJ-66.
(xxiv) A200CT (C-12D, FWC-12D, and C-    BP-1, BP-7 through BP-11, BP-
 12F).                                    19, and BP-24 through BP-63.
(xxv) A200CT (RC-12D and RC-12H).......  GR-1 through GR-19.
(xxvi) A200CT (RC-12G).................  FC-1 through FC-3.
(xxvii) A200CT (RC-12K)................  FE-1 through FE-9.
(xxviii) B200C (C-12F).................  BL-73 through BL-112, BL-118
                                          through BL-123, and BP-64
                                          through BP-71.
(xxix) B200C (UC-12F)..................  BU-1 through BU-10.
(xxx) B200C (UC-12M)...................  BV-1 through BV-10.
(xxxi) 300.............................  FA-1 through FA-168, and FF-1
                                          through FF-19.
(xxxii) 1900...........................  UA-1 through UA-3.
(xxxiii) 1900C.........................  UB-1 through UB-74, and UC-1
                                          through UC-78.
(xxxiv) 1900C (C-12J)..................  UD-1 through UD-6.
------------------------------------------------------------------------

What Is the Unsafe Condition Presented in This AD?

    (d) The actions specified in this AD are intended to detect and 
correct cracks in the nose landing gear (NLG) fork, which could 
result in reduced structural integrity and failure of the NLG fork 
to carry design ultimate load. This failure could result in loss of 
control of the airplane during take off, landing, and taxi 
operations.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

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                 Actions                                  Compliance                          Procedures
----------------------------------------------------------------------------------------------------------------
(1) Inspect, using fluorescent liquid      For airplanes previously affected by AD   Follow the instructions in
 penetrant or magnetic particle method,     87-22-01 R1: Initially inspect within     Part II of Raytheon
 the nose landing gear (NLG) fork           200 hours time-in-service (TIS) after     Aircraft Company Mandatory
 assembly for any signs of cracks unless    the last inspection required by AD 87-    Service Bulletin SB 32-
 Kit No. 101-8030-1 S or Kit No. 114-8015-  22-01 R1. For airplanes not previously    2102, Revision 7, Revised:
 1 S (as applicable) is incorporated,       affected by AD 87-22-01 R1: Initially     July, 2003.
 then no further action is required.        inspect within the next 200 hours TIS
                                            after December 23, 2004 (the effective
                                            date of this AD), unless already done.
------------------------------------------
(2) If cracks are found during the         Before further flight after December 23,  Follow the instructions in
 inspection required in paragraph (e)(1)    2004 (the effective date of this AD).     Part III of Raytheon
 of this AD, incorporate Kit No. 101-8030-                                            Aircraft Company Mandatory
 1 S or Kit No. 114-8015-1 S (as                                                      Service Bulletin SB 32-
 applicable).                                                                         2102, Revision 7, Revised:
                                                                                      July, 2003.
------------------------------------------
(3) If no cracks are found during the      Repetitively inspect at intervals not to  Follow the instructions in
 inspection required in paragraph (e)(1)    exceed 200 hours TIS after the initial    Part III of Raytheon
 of this AD, repetitively inspect until     inspection required in paragraph (e)(1)   Aircraft Company Mandatory
 Kit No. 101-8030-1 S or Kit No. 114-8015-  of this AD. Incorporate Kit No. 101-      Service Bulletin SB 32-
 1 S (as applicable) is incorporated.       8030-1 S or Kit No. 114-8015-1 S (as      2102, Revision 7, Revised:
 When Kit No. 101-8030-1 S or Kit No. 114-  applicable) prior to further flight       July, 2003.
 8015-1 S is incorporated, no further       after any inspection in which cracks
 action is required.                        are found.
------------------------------------------
(4) Incorporating Kit No. 101-8030-1 S or  Kit No. 101-8030-1 S or Kit No. 114-8015- Follow Raytheon Aircraft
 Kit No. 114-8015-1 S (as applicable) is    1 S (as applicable) can be incorporated   Company Mandatory Service
 the terminating action for the             at any time. When incorporated, no        Bulletin SB 32-2102,
 repetitive inspection requirements         further action is required.               Revision 7, Revised: July,
 specified in paragraph (e)(3) of this                                                2003.
 AD.
----------------------------------------------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Wichita Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact Steven E. 
Potter, Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 
946-4407.

[[Page 64846]]

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Raytheon Aircraft Company Mandatory Service Bulletin 
SB 32-2102, Revision 7, Revised: July, 2003. The Director of the 
Federal Register approved the incorporation by reference of this 
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. You may get a copy from Raytheon Aircraft Company, 9709 E. 
Central, Wichita, Kansas 67201-0085; telephone: (800) 429-5372 or 
(316) 676-3140. You may review copies at FAA, Central Region, Office 
of the Regional Counsel, 901 Locust, Room 506, 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 November 1, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24718 Filed 11-8-04; 8:45 am]
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