A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to all Raytheon (Beech) Model MU-300, MU-300-10, 400, and 400A series airplanes was published in the Federal Register on May 10, 2000 (65 FR 30031). That action proposed to require repetitive inspections of the bleed air supply tube assemblies for discrepancies; and replacement of the bleed air tube assembly with a new bleed air tube assembly, if necessary. That action also proposed to require that, in lieu of accomplishing the repetitive inspections, the Airworthiness Limitations Section (ALS) be revised to specify, among other things, certain inspections to detect discrepancies and compliance times for the subject area; and corrective action, if necessary.
Since the Issuance of the NPRM
The FAA has reviewed and approved Raytheon Aircraft Beechjet 400/400A Maintenance Manual, Airworthiness Limitations, Page1, Section 4-00-00, Revision B26, dated August 27, 1999. The FAA also has reviewed and approved Raytheon Aircraft Beechjet 400/400A Maintenance Manual, Time-Limited Inspections, Pages 3 and 6, Section 4-00-02, and Pages 4 and 9, Section 4-00- 04, Revision B26, dated August 27, 1999. The FAA has determined that Revision B26 contains no information that has been revised or added to since the issuance of Revision B23 regarding STARS Code 361031 (Bleed Air System). Since Revision B26 is the most current ALS revision, the FAA has cited Revision B26 in this final rule, as no required work has been added or changed from the requirements set forth in the proposed rule.
The FAA has reviewed and approved Raytheon Aircraft Diamond 1/1A MU-300 Maintenance Requirement Manual, Revision 9, dated February 26, 1999. The FAA has determined that Revision 9 contains no information that has been revised or added to since the issuance of Revision 8 regarding the Bleed Air System. Since Revision 9is the most current ALS revision, the FAA has cited Revision 9 in this final rule, as no required work has been added or changed from the requirements set forth in the proposed rule. Clarification of Paragraph (a) of the Final Rule
The FAA notes that the method of compliance in paragraph (a) of the proposal was inadvertently not included in the proposal. Therefore, the FAA has specified that those actions required by paragraph (a)(1) of this AD must be accomplished in accordance with the Airplane Maintenance Manual, Chapter 4, dated August 27, 1999. Paragraph (a)(1) of the final rule has been revised accordingly.
Comments to the NPRM
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
Request to Clarify the Compliance Time
One commenter requests that the compliance time specified in paragraph (b) of the proposal be clarified to state that the actions must be accomplished within 200 hours time-in-service.
The FAA concurs with the commenter that clarification is needed. Since paragraph (a) of the proposal clearly specifies a compliance time of 200 hours time-in-service, paragraph (b) of the proposal has been redesignated as paragraph (a)(2) to clarify that the 200 hours time-in-service also applies to those requirements.
Request to Specify Incorporation of Airworthiness Limitations Section as Terminating Action
One commenter requests that the proposal clearly specify that incorporation of the revisions of the ALS specified in the proposal be designated as a terminating action "until such time as the operator elects to inspect the affected aircraft in accordance with paragraphs (a) or (d)."
The FAA does not concur. Accomplishment of the requirements of paragraph (a)(2) of this AD (incorporation of the ALS revisions) is simply considered to be one way of complying with the requirements of paragraph (a) of this AD. Incorporation of the ALS revisions relieves the operator from continually updating compliance with the inspection requirements of this AD, but does not "terminate" the requirement to perform the inspections that are now enforceable as part of the ALS. No change is necessary to the final rule.
Request to Clarify the Requirements of Paragraph (b)
The same commenter also requests that the proposal clarify that the ALS does not require any inspection until the aircraft accumulates 1,000 hours time-in-service. The commenter further requests that the proposal clearly reference the current 20-hour "inspection interval tolerance" provided for in the ALS.
The FAA acknowledges that the ALS does not require an inspection until the aircraft accumulates 1,000 hours time-in-service, and that the ALS provides for a 20-hour "inspection interval tolerance." However, the requirements of paragraph (a)(2) of this AD merely require incorporating procedures specified in certain revisions of the ALS of the Instructions of Continued Airworthiness. The FAA does not consider it necessary to identify each of the procedures, provisions, or requirements that are included in those specific revisions of the ALS. Therefore, no change has been made to the final rule in this regard.
Conclusion
After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes previously described. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Cost Impact
There are approximately 530 airplanes of the affected design in the worldwide fleet. The FAA estimates that 452 airplanes of U.S. registry will be affected by this AD, that it will take approximately 1 work hour per airplane to accomplish either the inspection or the revision to the Airworthiness Limitations Section, and that the averagelabor rate is $60 per work hour. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $27,120, or $60 per airplane.
The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.
Should an operator elect to accomplish the optional terminating action that would be provided by this AD action, it would take approximately 1 work hour to accomplish it, at an average labor rate of $60 per work hour. Based on these figures, the cost impact ofthe optional terminating action would be $60 per airplane.
Regulatory Impact
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.
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 final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained fromthe Rules Docket at the location provided under the caption "ADDRESSES."
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, pursuant to 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.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: