Discussion
What Events Have Caused This AD?
The FAA has received information of an unsafe condition on Raytheon Model 390 airplanes. The current procedure for an annunciated lift dump failure is to increase landing distance by a factor of 1.53. In two recent accidents of these airplanes, the lift dump spoilers failed to deploy when commanded after touchdown.
Whether loss of lift dump is annunciated or unannunciated after touchdown, the pilot (in most instances) does not have enough time to take effective corrective action.
What Are the Consequences If the Condition Is Not Corrected?
Without requiring the use of necessary flight information, runway overruns based on insufficient aerodynamic and wheel braking could occur if the lift dump spoilers do not operate after landing touchdown. This could result in reduced or loss of control of the airplane.
Is There Service Information That Applies to This Subject?
Raytheon has issued Temporary Change to the FAA Approved Airplane Flight Manual P/N 390-590001-0003BTC5A1, revised March 24, 2003. This document:
--Replaces the existing landing distance and brake energy charts with ones that reflect landing performance without the effects of lift dump spoilers; and
--Modifies all operating limitations to specify the use of these landing charts in determining the maximum landing weight.
Raytheon is working toward a design that would eliminate the need for this Temporary AFM Change.
The FAA's Determination and an Explanation of the Provisions of This AD
What Has FAA Decided?
The FAA has reviewed all available information, including the service information referenced above; and determined that:
--The unsafe condition referenced in this document exists or could develop on other Raytheon Model 390 airplanes of the same type design;
--The information specified in the previously-referenced service information should be incorporated into the FAA-approved AFM; and
--AD action should be taken in order to correct this unsafe condition.
What Does This AD Require?
This AD requires you to incorporate the previously-referenced service information into the FAA-approved AFM, which would add requirements for "Landing Performance for Operation of the Airplane with Lift Dump Inoperative."
As specified previously, Raytheon is working toward a design that would eliminate the need for these requirements. If completed, FAA will evaluate and determine whether additional regulatory action is necessary.
In preparation of this rule, we contacted type clubs and aircraft operators to obtain technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we would have included, in the rulemaking docket, a discussion of any information that may have influenced this action.
How Does the Revision to 14 CFR Part 39 Affect This AD?
On July10, 2002, FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to special flight permits, alternative methods of compliance, and altered products. 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.
Because the owner/operator holding an appropriate pilot's license may accomplish the action of this AD and because the compliance time is 5 hours time-in-service (TIS) after the AD effective date, FAA is not allowing special flight permits in this AD. We have included a paragraph in the AD to communicate this information.
Will I Have the Opportunity To Comment Prior to the Issuance of the Rule?
Because the unsafe condition described in this document could result in reduced or loss of control of the airplane during landing operations, we find that notice and opportunityfor public prior comment are impracticable. Therefore, good cause exists for making this amendment effective in less than 30 days.
Comments Invited
How Do I Comment on This AD?
Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, FAA invites your comments on the rule. You may submit whatever written data, views, or arguments you choose. You need to include the rule's docket number and submit your comments to the address specified under the caption ADDRESSES. We will consider all comments received on or before the closing date specified above. We may amend this rule in light of comments received. Factual information that supports your ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether we need to take additional rulemaking action.
Are There Any Specific Portions of the AD I Should Pay Attention to?
We specifically invite comments on theoverall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. You may view all comments we receive before and after the closing date of the rule in the Rules Docket. We will file a report in the Rules Docket that summarizes each FAA contact with the public that concerns the substantive parts of this AD.
How Can I Be Sure FAA Receives My Comment?
If you want us to acknowledge the receipt of your comments, you must include a self-addressed, stamped postcard. On the postcard, write "Comments to Docket No. 2003-CE-13-AD." We will date stamp and mail the postcard back to you.
Regulatory Impact
Does This AD Impact Various Entities?
These regulations 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, FAA has determined that this final rule does not have federalism implications under Executive Order 13132.
Does This AD Involve a Significant Rule or Regulatory Action?
We have determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a significant regulatory action under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket.
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 airworthiness directive (AD) to read as follows: