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[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Proposed Rules]
[Pages 28540-28543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11535]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1180; Directorate Identifier 2012-CE-032-AD]
RIN 2120-AA64

Airworthiness Directives; Hawker Beechcraft Corporation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Hawker Beechcraft Corporation (HBC) Models 58, 58TC, 
58P, 95C55, E55, and 56TC airplanes. That NPRM proposed requiring 
inspections of elevator balance weights and replacement of defective 
elevator balance weights. That NPRM was prompted by reports of elevator 
balance weights becoming loose or failing because the balance weight 
material was under strength and did not meet material specifications. 
This action revises that NPRM to prohibit the installation of 
designated spare parts and to clarify applicability. We are proposing 
this supplemental NPRM to correct the unsafe condition on these 
products. Since these actions impose an additional burden over that 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by July 1, 
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     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

[[Page 28541]]

Beechcraft Corporation, B091-A04, 10511 E. Central Ave., Wichita, 
Kansas 67206; telephone: 1 (800) 429-5372 or (316) 676-3140; fax: (316) 
676-8027; email: tmdc@hawkerbeechcraft.com; or Internet: http://www.hawkerbeechcraft.com/customer_support/technical_and_field_support/. You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material at 
the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket 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 AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: T. N. Baktha, Senior Aerospace 
Engineer, FAA, Wichita ACO, 1801 Airport Road, Room 100, Wichita, 
Kansas 67209; telephone: (316) 946-4155; fax: (316) 946-4107; email: 
t.n.baktha@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1180; 
Directorate Identifier 2012-CE-032-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because 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 about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to certain Hawker Beechcraft Corporation (HBC) Models 58, 
58TC, 58P, 95C55, E55, and 56TC airplanes. That NPRM published in the 
Federal Register on November 6, 2012 (77 FR 66566). That NPRM proposed 
to require inspections of elevator balance weights and replacement of 
defective elevator balance weights. The balance weight material was 
understrength and did not meet the material specification requirements. 
A balance weight looseness and/or failure could reduce the flutter 
speed and lead to loss of control.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM (77 FR 66566, November 6, 2012), 
we identified the need to clarify the applicability and prohibit the 
installation of designated spare parts on airplanes. This change 
decreases the exposed risk by not allowing known faulty parts to enter 
into service and mitigates the chance of multiple opportunities for the 
same airplane to experience faulty part installation reintroducing the 
unsafe condtion.

Comments

    We gave the public the opportunity to comment on the original NPRM 
(77 FR 66566, November 6, 2012). We received no comments on that NPRM 
or on the determination of the cost to the public.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design. Certain changes described above expand the scope of the 
original NPRM (77 FR 66566, November 6, 2012). As a result, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this supplemental 
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 1,326 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                        Cost per    Cost on U.S.
                 Action                          Labor cost             Parts cost       product      operators
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Inspection of the elevator balance       .5 work-hour x $85 per      Not applicable        $42.50       $56,355
 weight.                                  hour = $42.50.
----------------------------------------------------------------------------------------------------------------

    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 aircraft that might need 
this replacement:

                                               On-Condition Costs
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                                                                                                      Cost per
                    Action                                   Labor cost                Parts cost      product
----------------------------------------------------------------------------------------------------------------
Replacement of elevator balance weight........  1 work-hour x $85 per hour = $85....         $300          $385
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I,

[[Page 28542]]

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 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 this 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

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 adding the following new airworthiness 
directive (AD):

Hawker Beechcraft Corporation: Docket No. FAA-2012-1180; Directorate 
Identifier 2012-CE-032-AD.

 (a) Comments Due Date

    We must receive comments by July 1, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Hawker Beechcraft Corporation (HBC) Models 
58, 58TC, 58P, 95C55, E55, and 56TC airplanes, all serial numbers, 
certificated in any category.

 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 2730: Elevator Balance Weight.

 (e) Unsafe Condition

    This AD was prompted by reports of elevator balance weights 
becoming loose or failing because the balance weight material was 
under strength and did not meet material specifications. We are 
issuing this AD to prevent the elevator balance weights from 
becoming lose or failing, which could result in reduced flutter 
speed and lead to loss of control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done, following the instructions in Hawker Beechcraft 
Mandatory Service Bulletin SB 55-4089, Revision 1, dated February, 
2012.

(g) Inspect Maintenance Records

    (1) For Model 58 airplanes, serial numbers TH-1768 through TH-
2110, review the airplane maintenance records to determine if either 
of the elevator balance weights have ever been replaced. An owner/
operator (pilot) holding at least a private pilot certificate is 
allowed to do this action.
    (i) If, as a result of the maintenance records check, you 
positively identify that one or both of the elevator balance weights 
have never been replaced, then complete all of the actions in 
paragraph (h) and (i), all subparagraphs, as applicable in this AD.
    (ii) If, as a result of the maintenance records check, you 
identify both balance weights have been replaced and you can 
positively identify by means of an Airworthiness Approval Tag (FAA 
Form 8130-3) or other positive form of parts identification such as 
a shipping ticket, invoice, or direct ship authority letter, that 
the purchase date from Hawker Beechcraft Corporation (HBC) on both 
balance weights is outside the date range of January 1, 1996, and 
December 31, 2005, then no further action is required for this AD.
    (iii) For a replaced balance weight, if you cannot positively 
identify the date of purchase of a balance weight from HBC, then you 
must complete all of the actions in paragraph (h) and (i), all 
subparagraphs, as applicable in this AD.
    (2) For Model 58 airplanes, all serial numbers (except TH-1768 
through TH-2110), and Models 58TC, 58P, 95C55, E55, and 56TC 
airplanes, all serial numbers, review the airplane maintenance 
records to determine if the elevator balance weights have ever been 
replaced. An owner/operator (pilot) holding at least a private pilot 
certificate is allowed to do this action.
    (i) If, as a result of the maintenance records check, you 
positively identify that both of the elevator balance weights have 
never been replaced, then no further action is required for this AD. 
An owner/operator (pilot) holding at least a private pilot 
certificate is allowed to do this action.
    (ii) If, as a result of the maintenance records check, you 
identify that one or both of the balance weights have been replaced 
and you can positively identify by means of an Airworthiness 
Approval Tag (FAA Form 8130-3) or other positive form of parts 
identification such as a shipping ticket, invoice, or direct ship 
authority letter, that the purchase date from HBC is outside the 
date range of January 1, 1996, and December 31, 2005, then no 
further action is required for this AD.
    (iii) If you cannot positively identify the date of purchase of 
an aircraft balance weight from HBC, then you must perform all of 
the actions in paragraph (h) and (i), all subparagraphs, as 
applicable in this AD.

(h) Inspection of Elevator Balance Weight

    Before further flight after the effective date of this AD and 
thereafter at intervals not to exceed 100 hours time-in-service 
(TIS) until the replacement required by this AD is done, inspect the 
elevator balance weights for looseness, failure, and/or working 
(smoking) fasteners and inserts.

(i) Replacement of Elevator Balance Weight

    (1) Replace the defective elevator balance weight with an 
airworthy balance weight as specified in Hawker Beechcraft Mandatory 
Service Bulletin SB 55-4089, Revision 1, dated February, 2012, at 
either paragraph (i)(1)(i) or (i)(1)(ii) of this AD, whichever 
occurs first:
    (i) Before further flight after any inspection required by 
paragraph (g) of this AD where any looseness, failure, and/or 
working (smoking) fasteners and inserts are found; or,
    (ii) Within the next 200 hours TIS after the effective date of 
this AD.
    (2) Replacement of elevator balance weights with airworthy 
elevator balance weights terminates the 100-hour inspection 
requirement in paragraph (g) of this AD.
    (3) As of the effective date of this AD, do not install P/N 96-
610022, P/N 96-61022-5, P/N 96-610022-7, and P/N 96-610022-9 
elevator balance weight assemblies, if originally purchased from 
Hawker Beechcraft Corporation between January 1, 1996, and December 
31, 2005, on any airplane.

(j) Special Flight Permit

    Special flight is permitted with the following limitations: 
Maximum structural cruising speed (Vno) = Design Speed 
for maximum gust intensity (Vb) = 195 Knots Calibrated 
Airspeed (KCAS), or Vno=Vb=195KCAS. This 
special flight is not allowed into known turbulence, and the 
duration of this flight should not be more than a total of 10 hours 
TIS.

[[Page 28543]]

(k) Alternative Methods of Compliance (AMOCs)

    (1) 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. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    (1) For more information about this AD, contact T. N. Baktha, 
Senior Aerospace Engineer, FAA, Wichita ACO, 1801 Airport Road, Room 
100, Wichita, Kansas 67209; telephone: (316) 946-4155; fax: (316) 
946-4107; email: t.n.baktha@faa.gov.
    (2) For service information identified in this AD, contact 
Hawker Beechcraft Corporation, B091-A04, 10511 E. Central Ave., 
Wichita, Kansas 67206; telephone: 1 (800) 429-5372 or (316) 676-
3140; fax: (316) 676-8027; email: tmdc@hawkerbeechcraft.com; or 
Internet: http://www.hawkerbeechcraft.com/customer_support/technical_and_field_support/. You may review copies of the 
referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.

    Issued in Kansas City, Missouri, on May 8, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-11535 Filed 5-14-13; 8:45 am]
BILLING CODE 4910-13-P
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