AD 2009-24-22

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63572-63574]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-28550]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0719; Directorate Identifier 2009-NM-078-AD; 
Amendment 39-16116; AD 2009-24-22]
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 adopting a new airworthiness directive (AD) for certain 
Learjet Model 45 airplanes. This AD requires inspecting the baggage bay 
door fire barrier seal for inconel mesh in the fire barrier seal 
material; for certain airplanes, inspecting the fiberglass doublers for 
presence of red Room Temperature Vulcanizing (RTV) sealant; and doing 
related investigative and corrective actions if necessary. This AD 
results from reports of incorrect external baggage door seal material 
and door seal sealant, as well as incorrect sealant on interior baggage 
panels used during manufacture of the airplane. We are issuing this AD 
to prevent the use of door seals and sealant that do not meet 
flammability requirements, which could result in an uncontrollable and 
undetected fire within the baggage compartment.

DATES: This AD is effective January 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 8, 
2010.

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 <a href="/cdn-cgi/l/email-protection#abcac885c2c8dfebcaced9c485c9c4c6c9cad9cfc2ced985c8c4c6"><span class="__cf_email__" data-cfemail="a0c1c38ec9c3d4e0c1c5d2cf8ec2cfcdc2c1d2c4c9c5d28ec3cfcd">[email&#160;protected]</span></a>; 
Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>. 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 or 
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: William Griffith, Aerospace Engineer, 
Airframe Branch, ACE-118W, FAA, Wichita Aircraft Certification Office, 
1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 
67209; telephone (316) 946-4116; fax (316) 946-4107.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Learjet Inc. Model 45 airplanes. That NPRM was published in the 
Federal Register on August 27, 2009 (74 FR 43645). That NPRM proposed 
to require inspecting the baggage bay door fire barrier seal for 
inconel mesh in the fire barrier seal material; for certain airplanes, 
inspecting the fiberglass doublers for presence of red Room Temperature 
Vulcanizing (RTV) sealant; and doing related investigative and 
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 256 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                                     Estimated Costs
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                                                      Average
                Action                  Work hours   labor rate    Cost per   Number of U.S.- registered airplanes               Fleet cost
                                                      per hour     product
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Inspection and modification of red              10          $80         $800  Up to 256...........................  Up to $204,800.
 RTV sealant.
Inspection and modification of fire              6           80          480  Up to 256...........................  Up to $122,880.
 barrier seal.
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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 products identified in this 
rulemaking action.

[[Page 63573]]

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), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 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 AD:

2009-24-22 Learjet Inc. (Formerly Gates Learjet Corporation): 
Amendment 39-16116. Docket No. FAA-2009-0719; Directorate Identifier 
2009-NM-078-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 8, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Learjet Inc. Model 45 airplanes, 
certificated in any category, serial numbers 45-005 through 45-321 
inclusive, 45-323 through 45-332 inclusive, and 45-2001 through 45-
2075 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 52: Doors, 
and ATA Code 25: Equipment/Furnishings.

Unsafe Condition

    (e) This AD results from reports of incorrect external baggage 
door seal material and door seal sealant, as well as incorrect 
sealant on interior baggage panels used during manufacture of the 
airplane. The Federal Aviation Administration is issuing this AD to 
prevent the use of door seals and sealant that do not meet 
flammability requirements, which could result in an uncontrollable 
and undetected fire within the baggage compartment.

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.

Inspection of Red Room Temperature Vulcanizing (RTV) Sealant in Aft 
Baggage Bay

    (g) For airplanes having serial numbers 45-005 through 45-314 
inclusive and 45-2001 through 45-2065 inclusive: Within 300 flight 
hours after the effective date of this AD, do a general visual 
inspection of the outer surfaces of the fiberglass doublers for the 
presence of red RTV sealant, in accordance with the Accomplishment 
Instructions in Bombardier Service Bulletin 45-25-21, Revision 1, 
dated January 19, 2009; or 40-25-11, Revision 1, dated January 19, 
2009; as applicable. If any red RTV sealant is found, before further 
flight, replace the sealant, in accordance with the Accomplishment 
Instructions in Bombardier Service Bulletin 45-25-21, Revision 1, 
dated January 19, 2009; or 40-25-11, Revision 1, dated January 19, 
2009; as applicable.

    Note 1:  For the purposes of this AD, a general visual 
inspection is: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to ensure visual access to all surfaces in the inspection 
area. This level of inspection is made under normally available 
lighting conditions such as daylight, hangar lighting, flashlight, 
or droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Inspection of Baggage Bay Door Fire Barrier Seal

    (h) For all airplanes: Within 300 flight hours after the 
effective date of this AD, do a general visual inspection of the 
baggage bay door fire barrier seal for the presence of metal inconel 
mesh in the material, and do all applicable related investigative 
and corrective actions, in accordance with the Accomplishment 
Instructions in Bombardier Service Bulletin 45-52-16, Revision 1, 
dated July 21, 2008; or 40-52-07, Revision 1, dated July 21, 2008; 
as applicable. Do all applicable related investigative and 
corrective actions before further flight in accordance with the 
Accomplishment Instructions in Bombardier Service Bulletin 45-52-16, 
Revision 1, dated July 21, 2008; or 40-52-07, Revision 1, dated July 
21, 2008; as applicable.

Alternative Methods of Compliance (AMOCs)

    (i)(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. Send information to 
ATTN: William Griffith, Aerospace Engineer, Airframe Branch, ACE-
118W, FAA, Wichita ACO, 1801 Airport Road, Room 100, Mid-Continent 
Airport, Wichita, Kansas 67209; telephone (316) 946-4116; fax (316) 
946-4107.
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (j) You must use the service information contained in Table 1 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (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; e-mail 
<a href="/cdn-cgi/l/email-protection#2c4d4f02454f586c4d495e43024e43414e4d5e4845495e024f4341"><span class="__cf_email__" data-cfemail="375654195e544377565245581955585a555645535e52451954585a">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (3) 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 or 425-227-1152.
    (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 NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

[[Page 63574]]



                                   Table 1--Material Incorporated by Reference
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                Service bulletin                    Revision                           Date
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Bombardier Service Bulletin 40-25-11...........               1  January 19, 2009.
Bombardier Service Bulletin 45-25-21...........               1  January 19, 2009.
Bombardier Service Bulletin 40-52-07...........               1  July 21, 2008.
Bombardier Service Bulletin 45-52-16...........               1  July 21, 2008.
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    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28550 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P