[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Proposed Rules]
[Pages 8885-8888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4213]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / 
Proposed Rules  

[[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.
------------------------------------------------------------------------
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:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(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:
                                                     [email protected].
(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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