[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Proposed Rules]
[Pages 44311-44313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20832]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0797; Directorate Identifier 2009-CE-032-AD]
RIN 2120-AA64


Airworthiness Directives; Hawker Beechcraft Corporation Models 
58, 58A, 58P, 58PA, 58TC, 58TCA, 95-B55, 95-B55A, A36, A36TC, B36TC, 
E55, E55A, F33A, and V35B Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 91-18-19, 
which applies to certain Hawker Beechcraft Corporation (Hawker) (Type 
Certificate Numbers 3A15, 3A16, and A23CE formerly held by Raytheon 
Aircraft Company; formerly held by Beech Aircraft Corporation) Models 
58, 58A, 58P, 58PA, 58TC, 58TCA, 95-B55, 95-B55A, A36, A36TC, B36TC, 
E55, E55A, F33A, and V35B airplanes. AD 91-18-19 currently requires you 
to do a one-time inspection of the pilot and copilot shoulder harnesses 
for an incorrect washer and replace any incorrect washer with the 
correct washer. Since we issued AD 91-18-19, we have found that the 
applicability of AD 91-18-19 was incorrectly stated when the Model 
A36TC airplane was omitted from the Applicability section. 
Consequently, this proposed AD would retain the actions and the serial 
number (SN) applicability of AD 91-18-19 and realign the SN 
applicability for Models A36TC and B36TC airplanes. We are proposing 
this AD to detect and correct an incorrect washer installed in the 
pilot and copilot shoulder harnesses. This failure could result in a 
malfunctioning shoulder harness. Such a failure could lead to occupant 
injury.

DATES: We must receive comments on this proposed AD by October 27, 
2009.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 429-5372 or (316) 676-3140; Internet: http://pubs.hawkerbeechcraft.com.

FOR FURTHER INFORMATION CONTACT: Steve Potter, Aerospace Engineer, ACE-
118W, Wichita Aircraft Certification Office (ACO), 1801 Airport Road, 
Room 100, Wichita, Kansas 67209; telephone: (316) 946-4124; fax: (316) 
946-4107.

SUPPLEMENTARY INFORMATION: 

[[Page 44312]]

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-
2009-0797; Directorate Identifier 2009-CE-032-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

    Reports of incorrect washers installed in the pilot and copilot 
shoulder harnesses on certain Beech 33, 35, 36, 55, 58, and 95 series 
airplanes caused us to issue AD 91-18-19, Amendment 39-8022 (56 FR 
42224, August 24, 1991). AD 91-18-19 currently requires the following 
on Models 58, 58A, 58P, 58PA, 58TC, 58TCA, 95-B55, 95-B55A, A36, B36TC, 
E55, E55A, F33A, and V35B airplanes:
    <bullet> Inspecting the pilot and copilot shoulder harnesses for 
incorrect washers; and
    <bullet> Replacing any incorrect washers found with a part number 
(P/N) 100951X060YA washer.
    The FAA has identified that the applicability of AD 91-18-19 was 
incorrectly stated when the Model A36TC airplane was omitted from the 
Applicability section. Further, SNs of the Model A36TC airplane were 
incorrectly aligned to the Model B36TC airplane.
    This condition, if not corrected, could result in an incorrect 
washer installed in the pilot and copilot shoulder harnesses. This 
failure could result in a malfunctioning shoulder harness. Such a 
failure could lead to occupant injury.

Relevant Service Information

    We have reviewed Beechcraft Mandatory Service Bulletin No. 2394, 
dated December 1990.
    The service information describes procedures for:
    <bullet> Inspecting the pilot and copilot shoulder harnesses for 
incorrect washers; and
    <bullet> Replacing any incorrect washers found with a P/N 
100951X060YA washer.

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 91-18-19 with a new AD that would incorporate the 
actions in the previously-referenced service information. 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 4,792 airplanes in 
the U.S. registry.
    We estimate the following costs to do the proposed inspection:

------------------------------------------------------------------------
                                                 Total cost   Total cost
          Labor cost              Parts cost        per        on U.S.
                                                  airplane    operators
------------------------------------------------------------------------
1 work-hour x $80 per hour =   Not applicable.          $80     $383,360
 $80.
------------------------------------------------------------------------

     We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of airplanes that may need 
this replacement:

------------------------------------------------------------------------
                                                              Total cost
                    Labor cost                       Parts       per
                                                      cost     airplane
------------------------------------------------------------------------
1 work-hour x $80 per hour = $80..................       $5          $85
------------------------------------------------------------------------

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 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.,

[[Page 44313]]

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) 91-18-19, Amendment 39-8022 (56 FR 42224, August 24, 1991), and 
adding the following new AD:

Hawker Beechcraft Corporation (Type Certificate Numbers 3A15, 3A16, 
and A23CE formerly held by Raytheon Aircraft Company; formerly held 
by Beech Aircraft Corporation):Docket No. FAA-2009-0797; Directorate 
Identifier 2009-CE-032-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by October 27, 2009.

Affected ADs

    (b) This AD supersedes AD 91-18-19, Amendment 39-8022.

Applicability

    (c) This AD applies to the following airplane models and serial 
numbers that are certificated in any category:
    (1) Group 1 Airplanes (retains the actions and applicability 
from AD 91-18-19):

------------------------------------------------------------------------
                   Model                          Serial Nos. (SNs)
------------------------------------------------------------------------
58, 58A...................................  TH-733 through TH-1609.
58P, 58PA.................................  TJ-3 through TJ-497.
58TC, 58TCA...............................  TK-1 through TK-151.
95-B55, 95-B55A...........................  TC-1947 through TC-2456.
A36.......................................  E-825 through E-2578.
B36TC.....................................  EA-242 and EA-273 through EA-
                                             509.
E55, E55A.................................  TE-1078 through TE-1201.
F33A......................................  CE-634 through CE-1536.
V35B......................................  D-9862 through D-10403.
------------------------------------------------------------------------

     (2) Group 2 Airplanes (aligns certain SNs applicability to 
Models A36TC airplanes):

------------------------------------------------------------------------
                   Model                                 SNs
------------------------------------------------------------------------
A36TC.....................................  EA-1 through EA-241 and EA-
                                             243 through EA-272.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from reports of incorrect washers installed 
in the pilot and copilot shoulder harnesses on certain Beech 33, 35, 
36, 55, 58, and 95 series airplanes. We are issuing this AD to 
detect and correct an incorrect washer installed in the pilot and 
copilot shoulder harnesses. This failure could result in a 
malfunctioning shoulder harness. Such a failure could lead to 
occupant injury.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the washers on    (i) For Group 1       Follow Beechcraft
 the ``D'' ring of the pilot   Airplanes: Within     Mandatory Service
 and copilot shoulder          the next 100 hours    Bulletin No. 2394,
 harnesses for correct         time-in-service       dated December
 metal, inner and outer        (TIS) after October   1990.
 diameter, and thickness.      21, 1991 (the
                               effective date of
                               AD 91-18-19).
                              (ii) For Group 2
                               Airplanes: Within
                               the next 100 hours
                               TIS after the
                               effective date of
                               this AD.
(2) If you find, as a result  Before further        Follow Beechcraft
 of the inspection required    flight, after the     Mandatory Service
 by paragraph (e)(1) of this   inspection required   Bulletin No. 2394,
 AD, any washer does not       by paragraph (e)(1)   dated December
 meet the criteria for         of this AD.           1990.
 correct metal, inner and
 outer diameter, and
 thickness, replace the
 incorrect washer with part
 number 100951X060YA washer.
------------------------------------------------------------------------

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; telephone: (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) In reviewing the docket and project files, we found no AMOCs 
submitted for AD 91-18-19. Since there are no AMOCs approved for AD 
91-18-19 to approve for this AD, transfer of AMOCs to this AD does 
not apply.

Related Information

    (h) To get copies of the service information referenced in this 
AD, contact Hawker Beechcraft Corporation, P.O. Box 85, Wichita, 
Kansas 67201-0085; telephone: (800) 429-5372 or (316) 676-3140; 
Internet: http://pubs.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 August 20, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-20832 Filed 8-27-09; 8:45 am]
BILLING CODE 4910-13-P