[Federal Register Volume 63, Number 99 (Friday, May 22, 1998)]
[Rules and Regulations]
[Pages 28218-28220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13684]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-165-AD; Amendment 39-10540; AD 98-11-13]
RIN 2120-AA64


Airworthiness Directives; Raytheon Model Hawker 800XP Series 
Airplanes, and Hawker 800 (U-125A Military Derivative) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Raytheon Model Hawker 800XP series airplanes 
and Hawker 800 (U-125A military derivative) airplanes. This action 
requires removal of the sealant from the firewall mounting flanges and 
mounting points of the fire extinguisher assemblies; removal of sealant 
obstructing the discharge tubes of the fire extinguisher assemblies; 
cleaning and flushing of the mounting flanges, mounting points, and 
discharge tubes with solvent; and installation of new gaskets on the 
firewall mounting flanges and mounting points. This amendment is 
prompted by reports of excessive sealant applied during manufacture of 
the firewall mounting flanges and mounting points of the fire 
extinguisher assemblies, which subsequently entered and obstructed the 
discharge tubes. The actions specified in this AD are intended to 
prevent obstructions of the discharge tubes of the fire extinguisher 
assemblies, which could result in improper distribution of the fire 
extinguishing agent within the nacelle in the event of a fire.

DATES: Effective June 8, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 8, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before July 21, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-165-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Raytheon Aircraft Company, Manager Service

[[Page 28219]]

Engineering, Hawker Customer Support Department, P.O. Box 85, Wichita, 
Kansas 67201-0085. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Small Airplane Directorate, Wichita Aircraft 
Certification Office, 1801 Airport Road, Room 100, Mid-Continent 
Airport, Wichita, Kansas; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Randy Griffith, Aerospace Engineer, 
Systems and Propulsion Branch, ACE-116W, FAA, Small Airplane 
Directorate, Wichita Aircraft Certification Office, 1801 Airport Road, 
Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 
946-4145; fax (316) 946-4407.

SUPPLEMENTARY INFORMATION: The FAA has received a report indicating 
that, during manufacture testing of the fire suppression system on a 
Raytheon Model Hawker 800XP series airplane, the system failed to 
operate properly. Investigation has revealed that the discharge tubes 
of the fire extinguisher assemblies were obstructed. Testing of other 
Model Hawker 800XP series airplanes and a Hawker 800 (U-125A military 
derivative) airplane revealed similar obstructions of the discharge 
tubes of the fire extinguisher assemblies. The cause of the 
obstructions has been attributed to excessive sealant applied during 
manufacture of the firewall mounting flanges and mounting points of the 
fire extinguisher assemblies, which subsequently entered and obstructed 
the discharge tubes. This condition, if not corrected, could result in 
improper distribution of the fire extinguishing agent within the 
nacelle in the event of a fire.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Raytheon Service Bulletin SB.26-
3197, dated April 1998, which describes procedures for removal of the 
sealant from the firewall mounting flanges and mounting points of the 
fire extinguisher assemblies; removal of sealant obstructing the 
discharge tubes of the fire extinguisher assemblies; cleaning and 
flushing of the mounting flanges, mounting points, and discharge tubes 
with solvent; and installation of new gaskets on the firewall mounting 
flanges and mounting points. Accomplishment of the actions specified in 
the service bulletin is intended to adequately address the identified 
unsafe condition.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent obstructions of the discharge tubes of the fire 
extinguisher assemblies, which could result in improper distribution of 
the fire extinguishing agent within the nacelle in the event of a fire. 
This AD requires removal of the sealant from the firewall mounting 
flanges and mounting points of the fire extinguisher assemblies; 
removal of sealant obstructing the discharge tubes of the fire 
extinguisher assemblies; cleaning and flushing of the mounting flanges, 
mounting points, and discharge tubes with solvent; and installation of 
new gaskets on the firewall mounting flanges and mounting points.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-165-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to 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

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 28220]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-11-13  Raytheon Aircraft Company (Formerly Beech): Amendment 39-
10540. Docket 98-NM-165-AD.

    Applicability: Model Hawker 800XP series airplanes and Hawker 
800 (U-125A military derivative) airplanes, as listed in Raytheon 
Service Bulletin SB.26-3197, dated April 1998; certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent obstructions of the discharge tubes of the fire 
extinguisher assemblies, which could result in improper distribution 
of the fire extinguishing agent within the nacelle in the event of a 
fire, accomplish the following:
    (a) Within 25 days after the effective date of this AD, 
accomplish paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this AD, 
in accordance with Raytheon Service Bulletin SB.26-3197, dated April 
1998.
    (1) Remove the sealant from the firewall mounting flanges and 
mounting points of the fire extinguisher assemblies;
    (2) Remove all sealant obstructing the discharge tubes of the 
fire extinguisher assemblies;
    (3) Clean and flush the mounting flanges, mounting points, and 
discharge tubes with solvent; and
    (4) Install new gaskets on the firewall mounting flanges and 
mounting points.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Wichita Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Wichita ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (c) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.
    (d) The actions shall be done in accordance with Raytheon 
Service Bulletin SB.26-3197, dated April 1998. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Raytheon Aircraft Company, Manager Service 
Engineering, Hawker Customer Support Department, P.O. Box 85, 
Wichita, Kansas 67201-0085. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Small Airplane Directorate, Wichita 
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on June 8, 1998.

    Issued in Renton, Washington, on May 15, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-13684 Filed 5-21-98; 8:45 am]
BILLING CODE 4910-13-U