AD 2003-02-03

[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Rules and Regulations]
[Pages 2872-2875]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 03-676]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-80-AD; Amendment 39-13019; AD 2003-02-03]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company 65, 90, 99, 
100, 200, and 300 Series, and Model 2000 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Raytheon Aircraft Company (Raytheon) 65, 90, 99, 
100, 200, and 300 series, and Model 2000 airplanes. This AD requires 
you to install new exterior operating instruction placards for the 
airstair door and emergency exits. This AD is the result of Raytheon 
improving the visibility and understandability of the door operating 
instruction placards. This was done as a result of difficulty opening 
the emergency exits of a similar type design airplane. The actions 
specified by this AD are intended to assure that clear and complete 
operating instructions are visible for opening the airstair door and 
emergency exits. If the operating instructions are not visible or 
understandable, this could result in the inability to open the airstair 
door or emergency exits during an emergency situation.

DATES: This AD becomes effective on March 7, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of March 
7, 2003.

ADDRESSES: You may get the service information referenced 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 this 
information at the Federal Aviation Administration (FAA), Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 
2000-CE-80-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
Suite 700, Washington, DC.

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

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? FAA believes that the instructions 
for opening the airstair door and emergency exits are either not 
visible or not easy to understand on Raytheon 65, 90, 99, 100, 200, and 
300 series, and Model 2000 airplanes. This is based on an accident that 
resulted in the issuance of AD 97-04-02. AD 97-04-02 was later 
superseded by AD 98-21-20 to incorporate more visible and 
understandable instructions.
    What is the potential impact if FAA took no action? If the exterior 
door operating instruction placards are not visible or understandable, 
this could result in the inability to open the airstair door or 
emergency exits during an emergency situation.
    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 65, 90, 99, 100, 
200, and 300 series, and Model 2000 airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on August 9, 2002 (67 FR 51791). The NPRM proposed to require 
you to install new exterior operating instruction placards for the 
airstair door and emergency exits.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue No. 1: AD Is Unjustified

    What is the commenter's concern? The commenter believes that in the 
accident that resulted in the earlier ADs, the damage to the airplane 
prevented the doors from opening. Therefore, the commenter believes 
that if the new placards had been present in this situation, they still 
would not have prevented injuries or loss of life. We infer that the 
commenter wants the NPRM withdrawn based on no compelling evidence that 
the presence of the placards addresses the unsafe condition.
    What Is FAA's response to the concern? We do not concur. In an 
emergency situation, exiting the airplane is of the utmost importance, 
especially if the postcrash scenario includes a cabin fire. The cabin 
crew and/or passengers may become incapacitated. Therefore, the 
exterior emergency exit door operating instructions must be extremely 
clear and complete so that any person will be able to open the exit 
door.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 2: Placards Are Not Durable

    What is the commenter's concern? The commenter states that the 
placards supplied by Raytheon do not adhere to the airplane surface 
properly. The placards often begin to peel-off either in flight or 
while washing the airplane. We infer that the commenter wants the NPRM 
withdrawn because the placards will eventually come off on their own.
    What is FAA's response to the concern? We are aware that durability 
and adherence of the placards to the airplane surface may be a problem. 
However, it is not a valid reason for withdrawing the NPRM. The owners/

[[Page 2873]]

operators of the affected airplanes may choose to apply one or two 
coats of clear coating to seal the edges of the placard.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 3: Placards Degrade the Airplane's Appearance

    What is the commenter's concern? The commenter states that the 
affected airplanes are chiefly used in private, charter, and corporate 
service where appearance is especially important to the owners/
operators. The commenter states that the placards are out of proportion 
to the size of the airplanes, look very ugly, and the contrasting 
colors of the placards cause a problem because of stripe locations on 
the airplane's paint job. We infer that the commenter wants the NPRM 
withdrawn because the placards degrade the airplane's appearance.
    What is FAA's response to the concern? We understand that 
appearance of the aircraft is a key element for owners/operators. 
However, cosmetic issues cannot be given higher priority than 
addressing the unsafe condition and exiting the airplane in an 
emergency situation.
    We are not changing the final rule AD action based on this comment.

FAA's Determination

    What is FAA's final determination on this issue? After careful 
review of all available information related to the subject presented 
above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed except for minor editorial 
corrections. We have determined that these minor corrections:

--Provide 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.

Cost Impact

    How many airplanes does this AD impact? We estimate that this AD 
affects 3,587 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 
modification:

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             Labor cost                        Parts cost                 Total cost per airplane                  Total cost on U.S. operators
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2 workhours x $60 per hour = $120...  Approximately $190 per       $120 + $190 = $310...................  $310 x 3,587 = $1,111,970.
                                       airplane.
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    The manufacturer will provide warranty credit for labor and parts 
to the extent noted under MANPOWER and MATERIAL in Raytheon Mandatory 
Service Bulletin SB 52-3096, Rev. 1, Revised: June, 2002.

Compliance Time of This AD

    What is the compliance time of this AD? The compliance time of this 
AD is ``within the next 200 hours time-in-service (TIS) after the 
effective date of this AD or within the next 12 months after the 
effective date of this AD, whichever occurs first.''
    Why is the compliance time of this AD presented in both hours TIS 
and calendar time? The unsafe condition on these airplanes is not a 
result of the number of times the airplane is operated. Airplane 
operation varies among operators. For example, one operator may operate 
the airplane 50 hours TIS in 3 months while it may take another 
operator 12 months or more to accumulate 50 hours TIS. For this reason, 
the FAA has determined that the compliance time of this AD should be 
specified in both hours time-in-service (TIS) and calendar time in 
order to assure this condition is not allowed to go uncorrected over 
time.

Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this action (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. A copy 
of the final evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

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 Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2003-02-03 Raytheon Aircraft Company: Amendment 39-13019; Docket No. 
2000-CE-80-AD.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are certificated 
in any category:

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               Model                             Serial Nos.
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(1) 65-90, 65-A90, B90, C90, and     LJ-1 through LJ-1530.
 C90A.
(2) 65-A90-1 (U-21A)...............  LM-1 through LM-125.
(3) 65-A90-1 (U-21G)...............  LM-126 through LM-141.
(4) 65-A90-2 (RU-21B)..............  LS-1 through LS-3.
(5) 65-A90-3 (RU-21C)..............  LT-1 and LT-2.
(6) 65-A90-4 (RU-21E)..............  LU-1 through LU-16.
(7) E90............................  LW-1 through LW-347.
(8) F90............................  LA-2 through LA-236.

[[Page 2874]]

 
(9) H90 (T-44A)....................  LL-1 through LL-61.
(10) 99, 99A, A99A, B99, and C99...  U-1 through U-239.
(11) 100 and A100..................  B-1 through B-94 and B-100 through
                                      B-247.
(12) A100 (U-21F)..................  B-95 through B-99.
(13) A100-1 (U-21J)................  BB-3 through BB-5.
(14) A200 (C-12A) and (C-12C)......  BC-1 through BC-75 and BD-1 through
                                      BD-30.
(15) A200C (UC-12B)................  BJ-1 through BJ-66.
(16) A200CT (C-12D)................  BP-1, BP-22, and BP-24 through BP-
                                      51.
(17) A200CT (C-12F)................  BP-52 through BP-63.
(18) A200CT (FWC-12D)..............  BP-7 through BP-11.
(19) A200CT (RC-12D)...............  GR-1 through GR-12.
(20) A200CT (RC-12G)...............  FC-1 through FC-3.
(21) A200CT (RC-12H)...............  GR-14 through GR-19.
(22) A200CT (RC-12K)...............  FE-1 through FE-9.
(23) A200CT (RC-12P)...............  FE-25 through FE-31, FE-33, and FE-
                                      35.
(24) A200CT (RC-12Q)...............  FE-32, FE-34, and FE-36.
(25) B100..........................  BE-1 through BE-137.
(26) 200 and B200..................  BB-2, BB-6 through BB-1313, BB-1315
                                      through BB-1384, and BB-1389
                                      through BB-1662.
(27) 200C and B200C................  BL-1 through BL-72, and BL-124
                                      through BL-140.
(28) B200C (C-12F).................  BL-73 through BL-112, BL-118
                                      through BL-123, and BP-64 through
                                      BP-71.
(29) B200C (C-12R).................  BW-1 through BW-29.
(30) B200C (UC-12F)................  BU-1 through BU-10.
(31) B200C (UC-12M)................  BV-1 through BV-10.
(32) 200CT and B200CT..............  BN-1 through BN-4.
(33) 200T and B200T................  BT-1 through BT-38, and BB-1314.
(34) 300...........................  FA-1 through FA-230, and FF-1
                                      through FF-19.
(35) B300..........................  FL-1 through FL-252.
(36) B300C.........................  FM-1 through FM-9, and FN-1.
(37) 2000..........................  NC-4 through NC-53.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to assure that clear and complete operating 
instructions are visible for opening the airstair door and emergency 
exits. If the operating instructions are not visible or 
understandable, this could result in the inability to open the 
airstair door or emergency exits during an emergency situation.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

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              Actions                              Compliance                            Procedures
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Modify the exterior door operating   Within the next 200 hours time-in-     In accordance with the applicable
 procedures by incorporating the      service (TIS) after March 7, 2003      kit instructions as specified in
 applicable kit as specified in the   (the effective date of this AD) or     the Accomplishment Instructions
 service bulletin.                    within the next 12 calendar months     section in Raytheon Mandatory
                                      after the effective date of this AD,   Service Bulletin SB 52-3096, Rev.
                                      whichever occurs first.                1, Revised: June, 2002. Use
                                                                             Paragraph (7) of the Accomplishment
                                                                             Instructions section in Raytheon
                                                                             Mandatory Service Bulletin SB 52-
                                                                             3096, Rev. 1, Revised: June, 2002,
                                                                             to accomplish this action on the
                                                                             Model 2000 airplanes.
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    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Wichita Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Wichita ACO.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (e) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Mr. Steven E. Potter, 
Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 
Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; 
telephone: (316) 946-4124; facsimile: (316) 946-4407.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Raytheon Mandatory Service Bulletin SB 52-3096, Rev. 1, 
Revised: June, 2002, including Accomplishment Kit Nos. 101-4080-1, 
101-4310-1, 101-4310-3, 90-4119-1, and 99-4032-1. The Director of 
the Federal Register approved this incorporation by reference under 
5 U.S.C. 552(a) and 1 CFR part 51. You may get copies from Raytheon 
Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-0085; 
telephone: (800) 429-5372 or (316) 676-3140. You may view copies at 
the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri, or at the Office of the Federal

[[Page 2875]]

Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on March 7, 2003.

    Issued in Kansas City, Missouri, on January 8, 2003.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-676 Filed 1-21-03; 8:45 am]
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