[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Proposed Rules]
[Page 8885-8888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe09-17]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 8885]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0165; Directorate Identifier 2008-CE-055-AD]
RIN 2120-AA64
Airworthiness Directives; Hawker Beechcraft Corporation (Type
Certificate Previously Held by Raytheon Aircraft Company) Models 1900,
1900C, and 1900D Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2006-24-
11, which applies to certain Hawker Beechcraft Corporation (Hawker)
(Type Certificate previously held by Raytheon Aircraft Company) Models
1900, 1900C, and 1900D airplanes. AD 2006-24-11 currently requires you
to repetitively inspect the forward, vertical, and aft flanges of both
the left and right wing rear spar lower caps for cracks, repair any
cracks found, and report the inspection results to the manufacturer.
Since we issued AD 2006-24-11, the manufacturer has developed a
modification kit to install on the wing rear spar lower caps that would
terminate the 200-hour repetitive inspection required in AD 2006-24-11.
Consequently, this proposed AD would require installing the new
modification kits on the wing rear spar lower caps and would terminate
the repetitive inspections required in AD 2006-24-11 when the kits are
installed. We are proposing this AD to prevent fatigue cracks in the
wing rear spar lower caps, which could result in fatigue failure of the
wing rear spar lower caps. A rear spar failure could result in complete
wing failure and the wing separating from the airplane.
DATES: We must receive comments on this proposed AD by April 28, 2009.
ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Hawker Beechcraft Corporation, Attn: Airline Technical Support, P.O.
Box 85, Wichita, Kansas 67201; telephone: (800) 429-5372; fax: (316)
676-8745; Internet: http://www.hawkerbeechcraft.com.
FOR FURTHER INFORMATION CONTACT: Steve Potter, Aerospace Engineer, FAA,
Wichita Aircraft Certification Office (ACO), 1801 Airport Road, Room
100, Wichita, Kansas 67209, phone: (316) 946-4124, fax: (316) 946-4107.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2009-0165; Directorate Identifier 2008-CE-055-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light of those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.
Discussion
We issued Emergency AD 2006-18-51, Amendment 39-14757 on August 31,
2006 (71 FR 52983, September 8, 2006), due to significant cracks found
in the wing rear spar lower caps of Hawker Beechcraft Model 1900D
airplanes. AD 2006-18-51 applies to certain Hawker Beechcraft Models
1900, 1900C, and 1900D airplanes and currently requires a one-time
visual inspection of both the left and right wing rear spar lower caps
for cracking and other damage such as loose or missing fasteners;
repairing any cracks or damage found; and reporting any cracks or
damage found to the FAA and the manufacturer.
After complying with AD 2006-18-51, additional fatigue cracks found
in the affected area of the wing rear spar lower caps on certain Hawker
Beechcraft Models 1900, 1900C, and 1900D airplanes caused us to issue
AD 2006-24-11, Amendment 39-14840 (71 FR 70297, December 4, 2006). AD
2006-24-11 does not supersede or revise Emergency AD 2006-18-51 because
both ADs are necessary to address the unsafe condition. AD 2006-24-11
currently requires the following on certain Hawker Beechcraft Models
1900, 1900C, and 1900D airplanes:
Repetitively inspecting the forward, vertical, and aft
flanges of both the left and right wing rear spar lower caps for
cracks;
Repairing any cracks found; and
Reporting the inspection results to manufacturer.
Since we issued AD 2006-24-11, the manufacturer has developed a
modification kit to install on the wing rear spar lower caps that would
terminate the 200-hour repetitive inspection required in AD 2006-24-11
when installed. The FAA's aging commuter aircraft policy briefly states
that, when a modification exists that could eliminate or reduce the
number of required critical inspections, the modification should be
incorporated. This policy is based on the FAA's determination that
reliance on critical repetitive inspections on airplanes utilized in
commuter service carries an unnecessary safety risk when a design
change exists that could eliminate or, in certain instances, reduce the
number of those critical inspections. In determining what inspections
are critical, the FAA considers (1) The safety consequences of the
airplane if
[[Page 8886]]
the known problem is not detected by the inspection; (2) the
reliability of the inspection such as the probability of not detecting
the known problem; (3) whether the inspection area is difficult to
access; and (4) the possibility of damage to an adjacent structure as a
result of the problem.
The alternative to modifying the wing rear spar lower caps with a
modification kit that improves the fatigue life would be to
repetitively inspect this area for the life of the airplane.
This condition, if not corrected, could result in fatigue failure
of the wing rear spar lower caps. A rear spar failure could result in
complete wing failure and the wing separating from the airplane.
Relevant Service Information
We have reviewed Hawker Beechcraft Mandatory Corporation Service
Bulletin SB 57-3816, issued January 2008.
The service information describes procedures for installing wing
rear spar lower cap modification kits.
FAA's Determination and Requirements of the Proposed AD
We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would supersede AD 2006-24-11 with a new AD that would require you to
install modification kits on the wing rear spar lower caps. This
proposed AD would also retain the repetitive inspections currently
required in AD 2006-24-11 until the modification kits are installed.
This proposed AD would require you to use the service information
described previously to perform these actions.
Costs of Compliance
We estimate that this proposed AD would affect 243 airplanes in the
U.S. registry.
We estimate the following costs to do the proposed inspections:
----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $80 per hour = $800.......................... $20 $820 $199,260
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do the proposed modification:
----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
250 work-hours x $80 per hour = $20,000...................... $2,200 $22,200 $5,394,600
----------------------------------------------------------------------------------------------------------------
We have determined that the average life to date of the affected
airplanes is 16 years and the average usage rate annually is 1,571
hours time-in-service. The cost analysis shows that, based on the
average age and usage, AD 2006-24-11 requires approximately 7.9
inspections per year with an approximate annual cost of $6,500.
Based on the cost analysis, we have determined that the proposed
modification would start showing a cost savings over the repetitive
inspection currently required in AD 2006-24-11 after 5 years. This
determination is made based on the assumption that the life-span of the
airplanes affected by this proposed AD is between 25 to 40 years.
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.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.
To achieve that principle, the RFA requires agencies to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions. The RFA covers a wide-range of small entities, including
small businesses, not-for-profit organizations, and small governmental
jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides that the
head of the agency may so certify and a regulatory flexibility analysis
is not required. The FAA did make such a determination for this
proposed AD. The basis for this determination is now discussed.
This proposed AD would supersede existing AD 2006-24-11. The cost
analysis for the proposed AD shows that the proposed modification will
have a cost savings from the accumulative repetitive inspection cost
now required in AD 2006-24-11, reflecting cost savings for 241 of the
243 affected airplanes. For the two firms the analysis did not show a
cost savings, we have identified one as a subsidiary of General
Electric Capital Corporation and the other as the subsidiary of a firm
that is probably large. General Electric Capital Corporation is not a
small entity. We were unable to determine the size classification of
the other firm. Even if the corporate parent of the unidentified firm
is a small firm, this proposed rule would impact at most one firm, and
one firm is not a substantial number.
[[Page 8887]]
Therefore, the Acting FAA Administrator certifies that this rule
will not impose a significant economic impact on a substantial number
of small entities.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone (800) 647-5527)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by removing Airworthiness Directive
(AD) 2006-24-11, Amendment 39-14840 (71 FR 70297, December 4, 2006),
and adding the following new AD:
Hawker Beechcraft Corporation (Type Certificate previously held by
Raytheon Aircraft Company): Docket No. FAA-2009-0165; Directorate
Identifier 2008-CE-055-AD.
Comments Due Date
(a) We must receive comments on this airworthiness directive
(AD) action by April 28, 2009.
Affected ADs
(b) This AD supersedes AD 2006-24-11, Amendment 39-14840. AD
2006-18-51 relates to the subject of this AD.
Applicability
(c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:
------------------------------------------------------------------------
Group 1 model airplanes Serial Nos.
------------------------------------------------------------------------
(1) 1900.................................. UA-3.
(2) 1900C (C-12J)......................... UB-1 through UB-74.
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Group 2 model airplanes Serial Nos.
------------------------------------------------------------------------
(1) 1900C (C-12J)......................... UC-1 through UC-174, and UD-
1 through UD-6.
(2) 1900D................................. UE-1 through UE-439.
------------------------------------------------------------------------
Unsafe Condition
(d) This AD results from the manufacturer developing a
modification kit to install on the wing rear spar lower caps that
would terminate the 200-hour repetitive inspection required in AD
2006-24-11. We are issuing this AD to prevent fatigue cracks in the
wing rear spar lower caps, which could result in fatigue failure of
the wing rear spar lower caps. A rear spar failure could result in
complete wing failure and the wing separating from the airplane.
Compliance
(e) To address this problem, you must do the following, unless
already done:
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Actions Compliance Procedures
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(1) For Group 1 and Group 2 Repetitively inspect Follow the
airplanes: Repetitively at intervals not to procedures in
inspect both the left and exceed 200 hours Raytheon Mandatory
right wing rear spar lower time-in-service Service Bulletin 57-
caps for cracks and other (TIS) after the 3815, Issued:
damage, such as loose or last inspection October, 2006.
missing fasteners. required by AD 2006-
24-11.
(2) For Group 1 and Group 2 Before further For the repair
airplanes: If cracks are flight after any scheme, contact
found, repair all cracks by inspection required Hawker Beechcraft
obtaining and incorporating by paragraph (e)(1) Corporation at P.O.
an FAA-approved repair of this AD where Box 85, Wichita,
scheme from the cracks are found. Kansas 67201-0085;
manufacturer. phone: (800) 429-
5372; fax: (316)
676-8745; e-mail:
tom_peay@rac.ray.c
om.
(3) For Group 1 and Group 2 Report the Follow the
airplanes: Report the repetitive procedures in
inspection results to inspection results Raytheon Mandatory
Hawker Beechcraft Company within 30 days Service Bulletin 57-
(formerly Raytheon Aircraft after the 3815, Issued:
Company) using the inspection. October, 2006.
instructions and forms in
the service bulletin.
Complete all sections of
the required forms.
Reporting requirements have
been approved by the Office
of Management and Budget
(OMB) and assigned OMB
control number 2120-0056.
(4) For Group 1 airplanes: Upon reaching 22,000 Follow the
Install Modification Kit total hours TIS or procedures in
114-4052-1 and Modification within the next 3 Hawker Beechcraft
Kit 114-4067-0001. years after the Mandatory Service
effective date of Bulletin 57-3816,
this AD, whichever Issued: January,
occurs later. 2008.
Installing the
modification kits
terminates the
repetitive
inspections
required by
paragraph (e)(1) of
this AD.
[[Page 8888]]
(5) For Group 2 airplanes: Upon reaching 22,000 Follow the
Install Modification Kit total hours TIS or procedures in
118-4012-1 or 118-4012-3 within the next 3 Hawker Beechcraft
and Modification Kit 118- years after the Mandatory Service
4014-0003. effective date of Bulletin 57-3816,
this AD, whichever Issued: January,
occurs later. 2008.
Installing the
modification kits
terminates the
repetitive
inspections
required by
paragraph (e)(1) of
this AD.
(6) For all affected Group 1 As of the effective Not applicable.
and Group 2 airplanes: You date of this AD.
may install the
modification kits specified
in paragraphs (e)(4) and
(e)(5) of this AD at any
time before the required
compliance times specified
in paragraphs (e)(4) and
(e)(5) of this AD.
Installing the modification
kits terminates the
repetitive inspections
required by paragraph
(e)(1) of this AD.
------------------------------------------------------------------------
Alternative Methods of Compliance (AMOCs)
(f) 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: Steve Potter, Aerospace Engineer, ACE-118W, Wichita Aircraft
Certification Office (ACO), 1801 Airport Road, Room 100, Wichita,
Kansas 67209, phone: (316) 946-4124, fax: (316) 946-4107. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(g) AMOCs approved for AD 2006-24-11 are not approved for this
AD.
Related Information
(h) To get copies of the service information referenced in this
AD, contact Hawker Beechcraft, Attn: Airline Technical Support, P.O.
Box 85, Wichita, Kansas 67201; telephone: (800) 429-5372; fax: (316)
676-8745; Internet: http://www.hawkerbeechcraft.com. To view the AD
docket, go to U.S. Department of Transportation, Docket Operations,
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590, or on the Internet at http://
www.regulations.gov.
Issued in Kansas City, Missouri, on February 19, 2009.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-4213 Filed 2-26-09; 8:45 am]
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