[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Rules and Regulations]
[Pages 57567-57570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26385]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0165; Directorate Identifier 2008-CE-055-AD; 
Amendment 39-16075; AD 2009-23-03]
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), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) to 
supersede AD 2006-24-11, which applies to certain Hawker Beechcraft 
Corporation (HBC) (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 will terminate the 200-hour repetitive 
inspection required in AD 2006-24-11. Consequently, this AD requires 
installing the new modification kits on the wing rear spar lower caps 
and terminates the repetitive inspections required in AD 2006-24-11 
when the kits are installed. 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.

DATES: This AD becomes effective on December 14, 2009.
    On December 14, 2009, the Director of the Federal Register approved 
the incorporation by reference of Hawker Beechcraft Mandatory Service 
Bulletin 57-3816, Issued: January 2008, listed in this AD.
    As of December 11, 2006 (71 FR 70297, December 4, 2006), the 
Director of the Federal Register approved the incorporation by 
reference of Raytheon Mandatory Service Bulletin 57-3815, dated Issued: 
October 2006, listed in this AD.

ADDRESSES: To get the service information identified in this 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.
    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. The docket number is FAA-2009-0165; 
Directorate Identifier 2008-CE-055-AD.

FOR FURTHER INFORMATION CONTACT: Steve Potter, Aerospace Engineer, 1801 
Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-
4124; fax: (316) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 19, 2009, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to certain HBC Models 1900, 1900C, and 1900D airplanes. 
This proposal was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on February 27, 2009 (74 FR 8885). The NPRM 
proposed to supersede AD 2006-24-11 with a new AD that would require 
you to install modification kits on the wing rear spar lower caps. The

[[Page 57568]]

proposed AD would also retain the repetitive inspections currently 
required in AD 2006-24-11 until the modification kits are installed. 
The proposed AD would require you to use Raytheon Mandatory Service 
Bulletin 57-3815, Issued: October 2006; and Hawker Beechcraft Mandatory 
Service Bulletin SB 57-3816, Issued: January, 2008, to perform these 
actions.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue: Address Shoring Requirement

    Mr. Scott Robert Lewis states that the shoring procedures specified 
in step 5 of Hawker Beechcraft Mandatory Service Bulletin SB 57-3816, 
Issued: January 2008, are inadequate and no reference is given.
    Mr. Lewis also states that the maintenance manual gives no 
procedures for shoring the aircraft. Trusses must be made and the 
aircraft should be supported using approved procedures provided by the 
manufacturer.
    Mr. Lewis requests references to procedures for the shoring 
process.
    We agree with the commenter that there are no specific shoring 
procedures given to accomplish Hawker Beechcraft Mandatory Service 
Bulletin SB 57-3816, Issued: January 2008.
    We rely on maintenance facilities to use best practices to shore 
airplanes at the locations specified in the modification kit 
installation instructions.
    For further assistance with procedures for shoring an airplane, you 
may contact the manufacturer as noted in the Accomplishment 
Instructions of Hawker Beechcraft Mandatory Service Bulletin SB 57-
3816, Issued: January 2008.
    We are changing the final rule AD action based on this comment.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD will affect 243 airplanes in the U.S. 
registry and will reduce costs by $12.8 million because the costs of 
the repetitive inspections currently required by AD 2006-24-11 will 
exceed the required modification costs over the life of the affected 
airplanes.
    We estimate the following direct costs (the sum of labor and parts 
costs) to do the inspections:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total direct     Total direct
                          Labor cost                              Parts cost        cost per       cost on U.S.
                                                                                    airplane        operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $80 per hour = $800..........................             $20             $820         $199,260
----------------------------------------------------------------------------------------------------------------

    We estimate the following direct costs to do the modification:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total direct     Total direct
                          Labor cost                              Parts cost        cost per       cost on U.S.
                                                                                    airplane        operators
----------------------------------------------------------------------------------------------------------------
250 work-hours x $80 per hour = $20,000......................          $2,200          $22,200       $5,394,600
----------------------------------------------------------------------------------------------------------------

    Given an average usage rate of 1,571 hours time-in-service, AD 
2006-24-11 requires approximately 7.9 inspections a year. The 
approximate annual cost of these repetitive inspections is $6,500. 
Based on these figures, a cost savings from incorporating the 
modification instead of doing the repetitive inspections will occur 
after 5 years on average. That is, the cost savings on the repetitive 
inspections no longer required will be greater than or equal to the 
total cost of the modification.
    The results of our cost analysis are summarized in the table below. 
(See docket for full analysis.)

------------------------------------------------------------------------
                                        Amount per        Total--U.S.
                                         airplane          operators
------------------------------------------------------------------------
Direct Costs (the sum of labor and          * $22,200       * $5,394,600
 parts)...........................
Out-of-Service Costs (average)....            * 1,796          * 436,510
                                   -------------------------------------
    Total Costs...................           * 23,996        * 5,831,110
                                   -------------------------------------
Cost savings over the life of the           ** 76,638      ** 18,622,984
 airplane on AD 2006-24-11
 repetitive inspections that would
 no longer be required after
 modification.....................
    Net Cost Savings..............             52,641         12,791,873
------------------------------------------------------------------------
* Per airplane costs are shown rounded to the nearest dollar.
  Consequently, the corresponding totals for all U.S. operators may
  differ slightly from the per airplane costs multiplied by the total
  number of airplanes.
** Cost savings over the life of the airplane are calculated as follows.
  For each affected airplane, we use the airplane's estimated usage rate
  to estimate the number of inspections a year and multiply that figure
  by $820 to estimate inspection cost a year. (As noted above, such
  estimates average to 7.9 inspections a year and about $6,500 in annual
  inspection costs.) We then calculate a 7 percent annuity factor for
  the number of years of the airplane's life remaining to a presumed
  retirement age of 40. In calculation of the annuity factor, we assume
  annual inspection costs are discounted at mid-year. The present value
  of the inspection costs can then be calculated as the annual
  inspection cost multiplied by the years-to-40 annuity factor.



[[Page 57569]]

    Notes: This analysis assumed January 1, 2009, as the effective 
date of the AD and discount cost savings to that date. Updating to 
January 1, 2010, to be closer to the actual effective date will have 
little effect on the results. Costs are undiscounted, as we assume 
compliance as soon as the AD becomes effective.
    These results are based on the assumption that the life-span of 
the airplanes affected by this AD is 40 years. This assumption is 
not crucial to the cost-beneficial nature of the rule, since 95 
percent of the affected airplanes achieve cost savings on or before 
age 30.

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 AD.

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 AD. The 
basis for this determination is now discussed.
    This AD will supersede existing AD 2006-24-11. The cost analysis 
for this AD shows that the 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 that own the two airplanes where 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 AD will impact at most one firm, and one firm is 
not a substantial number.
    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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    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 summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2009-0165; Directorate Identifier 2008-CE-055-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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

0
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]

0
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:

2009-23-03 Hawker Beechcraft Corporation (Type Certificate 
previously held by Raytheon Aircraft Company): Amendment 39-16075; 
Docket No. FAA-2009-0165; Directorate Identifier 2008-CE-055-AD.

Effective Date

    (a) This AD becomes effective on December 14, 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:

------------------------------------------------------------------------
                                                  Serial numbers
------------------------------------------------------------------------
                         Group 1 Model Airplanes
------------------------------------------------------------------------
(1) 1900................................  UA-3.
(2) 1900C...............................  UB-1 through UB-74.
------------------------------------------------------------------------
                         Group 2 Model Airplanes
------------------------------------------------------------------------
(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 
will 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.

[[Page 57570]]

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

----------------------------------------------------------------------------------------------------------------
                 Actions                                  Compliance                          Procedures
----------------------------------------------------------------------------------------------------------------
(1) For Group 1 and Group 2 airplanes:     Repetitively inspect at intervals not to  Follow the procedures in
 Repetitively inspect both the left and     exceed 200 hours time-in-service (TIS)    Raytheon Mandatory Service
 right wing rear spar lower caps for        after the last inspection required by     Bulletin 57-3815, Issued:
 cracks and other damage, such as loose     AD 2006-24-11.                            October 2006.
 or missing fasteners.
(2) For Group 1 and Group 2 airplanes: If  Before further flight after any           For the repair scheme,
 cracks are found, repair all cracks by     inspection required by paragraph (e)(1)   contact Hawker Beechcraft
 obtaining and incorporating an FAA-        of this AD where cracks are found.        Corporation at P.O. Box
 approved repair scheme from the                                                      85, Wichita, Kansas 67201-
 manufacturer.                                                                        0085; phone: (800) 429-
                                                                                      5372; fax: (316) 676-8745;
                                                                                      e-mail: [email protected].
(3) For Group 1 and Group 2 airplanes:     Report the repetitive inspection results  Follow the procedures in
 Report the inspection results to Hawker    within 30 days after the inspection.      Raytheon Mandatory Service
 Beechcraft Company (formerly Raytheon                                                Bulletin 57-3815, Issued:
 Aircraft Company) using the instructions                                             October 2006.
 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: Install         Upon reaching 22,000 total hours TIS or   Follow the procedures in
 Modification Kit 114-4052-1 and            within the next 3 years after December    Hawker Beechcraft
 Modification Kit 114-4067-0001.            14, 2009 (the effective date of this      Mandatory Service Bulletin
                                            AD), whichever occurs later. Installing   SB 57-3816, Issued:
                                            the modification kits terminates the      January 2008. For further
                                            repetitive inspections required by        assistance with procedures
                                            paragraph (e)(1) of this AD.              for shoring an airplane,
                                                                                      you may contact the
                                                                                      manufacturer at the
                                                                                      address specified in
                                                                                      paragraph (h)(3) of this
                                                                                      AD.
(5) For Group 2 airplanes: Install         Upon reaching 22,000 total hours TIS or   Follow the procedures in
 Modification Kit 118-4012-1 or 118-4012-   within the next 3 years after December    Hawker Beechcraft
 3 and Modification Kit 118-4014-0003.      14, 2009 (the effective date of this      Mandatory Service Bulletin
                                            AD), whichever occurs later. Installing   SB 57-3816, Issued:
                                            the modification kits terminates the      January 2008. For further
                                            repetitive inspections required by        assistance with procedures
                                            paragraph (e)(1) of this AD.              for shoring an airplane,
                                                                                      you may contact the
                                                                                      manufacturer at the
                                                                                      address specified in
                                                                                      paragraph (h)(3) of this
                                                                                      AD.
(6) For all affected Group 1 and Group 2   As of December 14, 2009 (the effective    Not applicable.
 airplanes: You may install the             date of this AD).
 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.

Material Incorporated by Reference

    (h) You must use Raytheon Mandatory Service Bulletin 57-3815, 
Issued: October 2006, and Hawker Beechcraft Mandatory Service 
Bulletin 57-3816, Issued: January 2008, to do the actions required 
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Hawker Beechcraft Mandatory Service 
Bulletin SB 57-3816, Issued: January 2008, under 5 U.S.C. 552(a) and 
1 CFR part 51.
    (2) On December 11, 2006 (71 FR 70297, December 4, 2006), the 
Director of the Federal Register approved the incorporation by 
reference of Raytheon Mandatory Service Bulletin 57-3815, Issued: 
October 2006.
    (3) For service information identified 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.
    (4) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (5) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on October 27, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-26385 Filed 11-6-09; 8:45 am]
BILLING CODE 4910-13-P