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16984 Federal Register / Vol. 70, No.

63 / Monday, April 4, 2005 / Proposed Rules

Issued in Renton, Washington, on March • Mail: Docket Management Facility; Examining the Docket
23, 2005. U.S. Department of Transportation, 400 You can examine the AD docket on
Ali Bahrami, Seventh Street, SW., Nassif Building, the Internet at http://dms.dot.gov, or in
Manager, Transport Airplane Directorate, room PL–401, Washington, DC 20590. person at the Docket Management
Aircraft Certification Service. • Fax: (202) 493–2251. Facility office between 9 a.m. and 5
[FR Doc. 05–6578 Filed 4–1–05; 8:45 am] • Hand Delivery: Room PL–401 on
p.m., Monday through Friday, except
BILLING CODE 4910–13–P the plaza level of the Nassif Building,
Federal holidays. The Docket
400 Seventh Street, SW., Washington,
Management Facility office (telephone
DC, between 9 a.m. and 5 p.m., Monday
(800) 647–5227) is located on the plaza
DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays.
For service information identified in level of the Nassif Building at the DOT
Federal Aviation Administration this proposed AD, contact Learjet, Inc., street address stated in the ADDRESSES
One Learjet Way, Wichita, Kansas section. Comments will be available in
14 CFR Part 39 67209–2942. the AD docket shortly after the DMS
You can examine the contents of this receives them.
[Docket No. FAA–2005–20798; Directorate
Identifier 2004–NM–257–AD] AD docket on the Internet at http:// Discussion
dms.dot.gov, or in person at the Docket On November 27, 1995, we issued AD
RIN 2120–AA64 Management Facility, U.S. Department 95–25–03, amendment 39–9447 (60 FR
of Transportation, 400 Seventh Street, 63617, December 12, 1995), for certain
Airworthiness Directives; Learjet SW., room PL–401, on the plaza level of
Model 23, 24, 25, 35, and 36 Airplanes Learjet Model 23, 24, 25, 35, and 36
the Nassif Building, Washington, DC. airplanes. That AD requires repetitive
AGENCY: Federal Aviation This docket number is FAA–2005– inspections to detect deterioration of
Administration (FAA), Department of 20798; the directorate identifier for this both flappers of the tip tank in each
Transportation (DOT). docket is 2004–NM–257–AD. wing of the airplane, and various
ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: follow-on actions. That AD also requires
(NPRM). Jeffrey Janusz, Aerospace Engineer, replacing the flappers with new
Systems and Propulsion Branch, ACE– flappers, and repetitively performing
SUMMARY: The FAA proposes to 116W, FAA, Wichita Aircraft
supersede an existing airworthiness certain other follow-on actions. That AD
Certification Office, 1801 Airport Road, was prompted by reports of imbalance
directive (AD) that applies to certain Room 100, Mid-Continent Airport,
Learjet Model 23, 24, 25, 35, and 36 of the fuel loads in the wings of the
Wichita, Kansas 67209; telephone (316) airplane due to failed or cracked
airplanes. The existing AD currently 946–4148; fax (316) 946–4107.
requires repetitive inspections to detect flappers. We issued that AD to prevent
SUPPLEMENTARY INFORMATION: significant reduction in the lateral
deterioration of both flappers of the tip
tank in each wing of the airplane, and Comments Invited control of the airplane due to imbalance
various follow-on actions. The existing of the fuel loads in the wings of the
We invite you to submit any relevant airplane.
AD also requires replacing the flappers written data, views, or arguments
with new flappers, and repetitively regarding this proposed AD. Send your Actions Since Existing AD Was Issued
performing certain other follow-on comments to an address listed under Since we issued AD 95–25–03, we
actions. This proposed AD would ADDRESSES. Include ‘‘Docket No. FAA– have reviewed Learjet Service Bulletin
require an inspection of the flappers and 2005–20798; Directorate Identifier 23/24/25–28–7, Revision 2, dated May
flapper assemblies of the tip tank in 2004–NM–257–AD’’ at the beginning of 9, 2001 (for Model 23, 24, and 25
each wing or a review of the airplane your comments. We specifically invite airplanes); and Learjet Service Bulletin
maintenance records to determine the comments on the overall regulatory, 35/36–28–14, Revision 2, dated May 9,
part numbers, and replacement of economic, environmental, and energy 2001 (for Model 35 and 36 airplanes).
certain flappers or flapper assemblies if aspects of the proposed AD. We will The service bulletins describe
necessary, which would end the consider all comments received by the procedures for replacing flappers with
existing repetitive inspections. This closing date and may amend the new flappers or replacing the flapper
proposed AD is prompted by the results proposed AD in light of those assemblies with new or modified and
of numerous continual inspections, and comments. reidentified assemblies, which
the approval of a new, improved flapper We will post all comments we eliminates the need for the repetitive
and flapper assembly. We are proposing receive, without change, to http:// inspections required by AD 95–25–03.
this AD to prevent significant reduction dms.dot.gov, including any personal Accomplishing the actions specified in
in the lateral control of the airplane due information you provide. We will also the service information is intended to
to imbalance of the fuel loads in the post a report summarizing each adequately address the unsafe
wings of the airplane. substantive verbal contact with FAA condition.
DATES: We must receive comments on personnel concerning this proposed AD.
this proposed AD by May 19, 2005. Using the search function of our docket FAA’s Determination and Requirements
ADDRESSES: Use one of the following Web site, anyone can find and read the of the Proposed AD
addresses to submit comments on this comments in any of our dockets, The unsafe condition described
proposed AD. including the name of the individual previously is likely to exist or develop
• DOT Docket Web site: Go to who sent the comment (or signed the on other airplanes of the same type
http://dms.dot.gov and follow the comment on behalf of an association, design that may be registered in the U.S.
instructions for sending your comments business, labor union, etc.). You can at some time in the future.
electronically. review the DOT’s complete Privacy Act We can better ensure long-term
• Government-wide rulemaking Web Statement in the Federal Register continued operational safety by design
site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR changes to remove the source of the
and follow the instructions for sending 19477–78), or you can visit http:// problem, rather than by repetitive
your comments electronically. dms.dot.gov. inspections. Long-term inspections, as

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Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Proposed Rules 16985

required by AD 95–25–03, may not specified in this proposed AD for U.S. PART 39—AIRWORTHINESS
provide the degree of safety necessary operators is $457 or $1,392, per airplane DIRECTIVES
for the transport airplane fleet. This (depending on the kit installed).
determination, along with a better 1. The authority citation for part 39
Authority for this Rulemaking continues to read as follows:
understanding of the human factors and
other systems effects associated with Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
numerous continual inspections, has led specifies the FAA’s authority to issue § 39.13 [Amended]
us to consider placing less emphasis on rules on aviation safety. Subtitle I,
inspections and more emphasis on Section 106, describes the authority of 2. The FAA amends § 39.13 by
design improvements. The proposed the FAA Administrator. Subtitle VII, removing amendment 39–9447 (60 FR
replacement requirement is consistent Aviation Programs, describes in more 63617, December 12, 1995) and adding
with these conditions. detail the scope of the Agency’s the following new airworthiness
We are proposing to supersede AD authority. directive (AD):
95–25–03. This proposed AD would We are issuing this rulemaking under Learjet: Docket No. FAA–2005–20798;
retain the requirements of the existing the authority described in Subtitle VII, Directorate Identifier 2004–NM–257–AD.
AD. This proposed AD would also Part A, Subpart III, Section 44701, Comments Due Date
require accomplishing the actions ‘‘General requirements.’’ Under that
specified in service bulletins described (a) The Federal Aviation Administration
section, Congress charges the FAA with must receive comments on this AD action by
previously in this proposed AD, which
promoting safe flight of civil aircraft in May 19, 2005.
would end the repetitive inspection
air commerce by prescribing regulations Affected ADs
requirements of the existing AD. This
for practices, methods, and procedures
proposed AD would also require an (b) This AD supersedes AD 95–25–03,
the Administrator finds necessary for amendment 39–9447 (60 FR 63617,
inspection of the flappers and flapper
safety in air commerce. This regulation December 12, 1995).
assemblies of the tip tank in each wing,
is within the scope of that authority
or a review of the airplane maintenance Applicability
because it addresses an unsafe condition
records, to determine the part numbers. (c) This AD applies to the airplanes in
that is likely to exist or develop on
Change to Existing AD products identified in this rulemaking Table 1 of this AD, certificated in any
action. category.
This proposed AD would retain all
requirements of AD 95–25–03. Since AD Regulatory Findings TABLE 1.—APPLICABILITY
95–25–03 was issued, the AD format has
been revised, and certain paragraphs We have determined that this
Learjet— Serial Nos.
have been rearranged. As a result, the proposed AD would not have federalism
corresponding paragraph identifiers implications under Executive Order Model 23 airplanes ....... 23–003 through
have changed in this proposed AD, as 13132. This proposed AD would not 23–090 inclusive.
listed in the following table: have a substantial direct effect on the Model 24 airplanes ....... 24–100 through
States, on the relationship between the 24–357 inclusive.
REVISED PARAGRAPH IDENTIFIERS national Government and the States, or Model 25 airplanes ....... 25–002 through
on the distribution of power and 25–373 inclusive.
Model 35 airplanes ....... 35–002 through
Corresponding responsibilities among the various
Requirements in requirement in 35–676 inclusive.
levels of government. Model 36 airplanes ....... 36–002 through
AD 95–25–03 this proposed
AD For the reasons discussed above, I 36–063 inclusive.
certify that the proposed regulation:
Paragraph (a) ...................... Paragraph (f). 1. Is not a ‘‘significant regulatory Unsafe Condition
Paragraph (b) ...................... Paragraph (g). action’’ under Executive Order 12866; (d) This AD was prompted by the results
Paragraph (c) ...................... Paragraph (h).
2. Is not a ‘‘significant rule’’ under the of numerous continual inspections, and the
Paragraph (d) ...................... Paragraph (i).
DOT Regulatory Policies and Procedures approval of a new, improved flapper and
flapper assembly. We are issuing this AD to
Costs of Compliance (44 FR 11034, February 26, 1979); and
prevent significant reduction in the lateral
3. Will not have a significant control of the airplane due to imbalance of
There are about 1,459 airplanes of the
affected design in the worldwide fleet. economic impact, positive or negative, the fuel loads in the wings of the airplane.
This proposed AD would affect about on a substantial number of small entities
Compliance
882 airplanes of U.S. registry. under the criteria of the Regulatory
Flexibility Act. (e) You are responsible for having the
The actions that are required by AD actions required by this AD performed within
95–25–03 and retained in this proposed We prepared a regulatory evaluation the compliance times specified, unless the
AD take about 16 work hours per of the estimated costs to comply with actions have already been done.
airplane, at an average labor rate of $65 this proposed AD. See the ADDRESSES
Requirements of AD 95–25–03
per work hour. Required parts cost section for a location to examine the
about $708 per airplane. Based on these regulatory evaluation. Repetitive Inspections, Related Investigative
figures, the estimated cost of the Actions, and Replacement
List of Subjects in 14 CFR Part 39
currently required actions is $1,541,736, (f) Within 50 hours time-in-service after
or $1,748 per airplane. Air transportation, Aircraft, Aviation December 27, 1995 (the effective date of AD
The new proposed actions would take safety, Safety. 95–25–03), or prior to the accumulation of
about 2 work hours per airplane, at an 600 hours time-in-service since installation
The Proposed Amendment of the flapper valve, whichever occurs later:
average labor rate of $65 per work hour. Perform an inspection to detect deterioration
Required parts would cost about $327 or Accordingly, under the authority (such as cracks, cuts, breaks, splits, or
$1,262 per airplane (depending on the delegated to me by the Administrator, warpage) of both flappers of the tip tank in
kit installed). Based on these figures, the the FAA proposes to amend 14 CFR part each wing, in accordance with either Learjet
estimated cost of the new actions 39 as follows: Service Bulletin SB 23/24/25–28–2, dated

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16986 Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Proposed Rules

October 6, 1995 (for Model 23, 24, and 25 flappers and flapper assemblies can be DEPARTMENT OF TRANSPORTATION
airplanes), or Learjet Service Bulletin SB 35/ conclusively determined from that review.
36–28–10, dated October 6, 1995 (for Model (1) If four flappers having P/N 2323006– Federal Aviation Administration
35 and 36 airplanes); as applicable. Repeat 802 and four flapper assemblies having P/N
this inspection thereafter at intervals not to 2323006–801 are found installed, no further 14 CFR Part 39
exceed 600 hours time-in-service.
action is required by this paragraph, and the
(1) If no deterioration of the flapper valve [Docket No. FAA–2005–20836; Directorate
is detected, prior to further flight, inspect the repetitive inspections required by paragraphs Identifier 2005–NM–028–AD]
flapper valve to ensure proper positioning, (f) and (i) of this AD can be stopped.
inspect the condition of the screws that (2) If any flapper having P/N 2323006–5 or RIN 2120–AA64
retain the flapper valve to the plate assembly any flapper assembly having P/N 2323006–6
to ensure that the flapper valve is secure, is found installed, within 600 hours time-in- Airworthiness Directives; Boeing
inspect to ensure that the flapper valve service since last replacement of any flapper Model 727–200 and 727–200F Series
completely covers the opening of the tube valve in accordance with the requirements of Airplanes; 737–200, 737–200C, 737–
and is seated against the tube, and inspect this AD, replace the flapper valve with a new 300, and 737–400 Series Airplanes;
the flapper valve to verify that it moves flapper valve or replace the flapper assembly 747–100, 747–100B, 747–100B SUD,
freely; and accomplish the follow-on 747–200B, 747–200C, 747–200F, 747–
with new or modified and reidentified
corrective actions, if any discrepancy is 300, 747–400, 747SR, and 747SP Series
found. These actions shall be accomplished assembly, as applicable. The replacement
must be done in accordance with the Airplanes; 757–200 and 757–200PF
in accordance with the applicable service
bulletin. Accomplishment Instructions of Learjet Series Airplanes; and 767–200 and
(2) If any flapper valve is found to be Service Bulletin 23/24/25–28–7, Revision 2, 767–300 Series Airplanes
deteriorated, prior to further flight, replace it dated May 9, 2001 (for Model 23, 24, and 25 AGENCY: Federal Aviation
with a new flapper valve in accordance with airplanes); or Learjet Service Bulletin 35/36–
the applicable service bulletin.
Administration (FAA), Department of
28–14, Revision 2, dated May 9, 2001 (for Transportation (DOT).
(g) Except as provided in paragraph (h) of Model 35 and 36 airplanes); as applicable.
this AD, at the later of the times specified in ACTION: Notice of proposed rulemaking
Accomplishment of the replacement ends the
paragraphs (g)(1) and (g)(2) of this AD: (NPRM).
repetitive inspections required by paragraphs
Replace both flappers of the tip tank in each
wing with new flappers in accordance with (f) and (i) of this AD. SUMMARY: The FAA proposes to adopt a
either Learjet Service Bulletin SB 23/24/25– Parts Installation new airworthiness directive (AD) for
28–2, dated October 6, 1995 (for Model 23, certain Boeing transport category
24, and 25 airplanes), or Learjet Service (k) As of the effective date of this AD, no airplanes. This proposed AD would
Bulletin SB 35/36–28–10, dated October 6, person may install a flapper having P/N require replacing any insulation
1995 (for Model 35 and 36 airplanes); as 2323006–5 or a flapper assembly having P/ blanket constructed of
applicable. N 2323006–6, on any airplane.
polyethyleneteraphthalate (PET) film,
(1) Within 5 years since date of installation
of the flapper valve, or prior to the Alternative Methods of Compliance (AMOCs) ORCON Orcofilm AN–26 (hereafter
accumulation of 2,400 total hours time-in- (l)(1) The Manager, Wichita Aircraft ‘‘AN–26’’) with a new insulation
service on the flapper valve, whichever Certification Office, FAA, has the authority to blanket. This proposed AD is prompted
occurs earlier. approve AMOCs for this AD, if requested in by reports of in-flight and ground fires
(2) Within 50 hours time-in-service after accordance with the procedures found in 14 on certain airplanes manufactured with
December 27, 1995. insulation blankets covered with AN–
CFR 39.19.
(h) For airplanes on which the age and 26, which may contribute to the spread
time-in-service of the flapper valve cannot be (2) AMOCs approved previously according
to AD 95–25–03 are not approved as AMOCs of a fire when ignition occurs from
determined: Within 50 hours time-in-service
after December 27, 1995, replace both with this AD. sources such as electrical arcing or
flappers of the tip tank in each wing in sparking. We are proposing this AD to
Issued in Renton, Washington, on March ensure that insulation blankets
accordance with either Learjet Service
22, 2005. constructed of AN–26 are removed from
Bulletin SB 23/24/25–28–2, dated October 6,
1995 (for Model 23, 24, and 25 airplanes), or Ali Bahrami, the fuselage. Such insulation blankets
Learjet Service Bulletin SB 35/36–28–10, Manager, Transport Airplane Directorate, could propagate a fire that is the result
dated October 6, 1995 (for Model 35 and 36 Aircraft Certification Service. of electrical arcing or sparking.
airplanes); as applicable. [FR Doc. 05–6579 Filed 4–1–05; 8:45 am] EFFECTIVE DATES: We must receive
(i) Within 600 hours time-in-service
following replacement of any flapper valve in BILLING CODE 4910–13–P comments on this proposed AD by June
accordance with the requirements of this AD, 3, 2005.
and thereafter at intervals not to exceed 600 ADDRESSES: Use one of the following
hours time-in-service: Accomplish the addresses to submit comments on this
requirements of paragraph (f) of this AD. proposed AD.
New Requirements • DOT Docket Web site: Go to
http://dms.dot.gov and follow the
Inspection and Replacement instructions for sending your comments
(j) Within 600 hours time-in-service since electronically.
last replacement of any flapper valve in • Government-wide rulemaking Web
accordance with the requirements of this AD, site: Go to http://www.regulations.gov
or within 90 days after the effective date of and follow the instructions for sending
this AD, whichever occurs later, inspect the
your comments electronically.
flappers and flapper assemblies of the tip
tank in each wing to determine their part
• Mail: Docket Management Facility,
numbers (P/N). The raised letter and U.S. Department of Transportation, 400
numbers ‘‘S–461’’ on the convex side of the Seventh Street, SW., Nassif Building,
flappers can identify these parts. Instead of Room PL–401, Washington, DC 20590.
inspecting the flappers and flapper • By fax: (202) 493–2251.
assemblies, a review of airplane maintenance • Hand Delivery: Room PL–401 on
records is acceptable if the P/N of the the plaza level of the Nassif Building,

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