[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29276-29277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14229]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-122-AD; Amendment 39-9659; AD 96-12-16]
RIN 2120-AA64


Airworthiness Directives; Beech (Raytheon) Model BAe 125 Series 
800A and Model Hawker 800 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Beech (Raytheon) Model BAe 125 series 800A and 
Model Hawker 800 airplanes, that requires modification of the airframe 
structure in the lower area of the fuselage aft of the wing rear spar. 
For certain airplanes, this amendment also requires a functional test 
to determine if a particular bolt fouls the flap control system. This 
amendment is prompted by reports of restricted control of the aileron 
due to water accumulation that froze in the area around an aileron 
pulley located in the lower area of the fuselage aft of the wing rear 
spar. The actions specified by this AD are intended to prevent such 
water accumulation, which could freeze and result in restricted control 
of the ailerons; subsequently, this could reduce the pilot's ability to 
initiate roll control during critical phases of flight.

DATES: Effective July 15, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 15, 1996.

ADDRESSES: The service information referenced in this AD may be 
obtained from Raytheon Aircraft Co., Manger Service Engineering, Hawker 
Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-0085. 
This information may be examined at the Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2148; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Beech (Raytheon) Model BAe 
125 series 800A and Model Hawker 800 airplanes was published in the 
Federal Register on February 9, 1996 (61 FR 4943). That action proposed 
to require modification of the airframe structure in the lower area of 
the fuselage aft of the wing rear spar. For certain airplanes, that 
action also proposed to require a functional test to determine if a 
bolt fouls the flap control system.

No Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.
Editorial Changes Made to the Final Rule
    The FAA has revised the final rule to correctly designate the 
affected airplane models as ``Beech (Raytheon) Model BAe 125 series 
800A and Model Hawker 800 airplanes.''
    Additionally, a new ``Note 2'' has been added to the final rule to 
clarify that airworthiness authorities of countries in which Beech 
(Raytheon) Model BAe 125 series 800B airplanes are approved for 
operation should consider adopting corrective action that is similar to 
that required by this AD. Those airplane models are not certificated 
for operation in the United States, but are similar in design to the 
affected airplanes and, thus, may be subjected to the same unsafe 
condition addressed by this AD.
Conclusion
    The FAA has determined that air safety and the public interest 
require the adoption of the rule with the changes previously described. 
The FAA has determined that these changes will

[[Page 29277]]

neither increase the economic burden on any operator nor increase the 
scope of the AD.

Cost Impact

    The FAA estimates that 163 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 25 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts be supplied by the 
manufacturer at no cost to the operators. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $244,500, or 
$1,500 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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.


Sec. 39.13  [Amended]

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

    96-12-16  Beech Aircraft Corporation. (Formerly deHavilland; 
Hawker Siddeley; British Aerospace, plc; Raytheon Corporate Jets, 
Inc.): Amendment 39-9659. Docket 95-NM-122-AD.

    Applicability: Model BAe 125 series 800A airplanes (including 
military variants C-29A and U-125); and Model Hawker 800 airplanes, 
excluding airplanes having constructor's numbers 258079 and 258213; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (d) 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.
    Note 2: Beech (Raytheon) Model BAe 125 series 800B airplanes are 
similar in design to the airplanes that are subject to the 
requirements of this AD and, therefore, also may be subject to the 
unsafe condition addressed by this AD. However, as of the effective 
date of this AD, those models are not type certificated for 
operations in the United States. Airworthiness authorities of 
countries in which the Model BAe 125 series 800B airplanes are 
approved for operation should consider adopting corrective action, 
applicable to those models, that is similar to the corrective action 
required by this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent restricted control of the ailerons, which could 
reduce the pilot's ability to initiate roll control during critical 
phases of flight, accomplish the following:
    (a) For all airplanes, except Model BAe 125 series 800A airplane 
having constructor's number 258186: Within 6 months after the 
effective date of this AD, modify (including functional test) the 
airframe structure in the lower area of the fuselage aft of the wing 
rear spar, in accordance with Hawker Service Bulletin SB.53-82-
3566G, Revision 3, December 14, 1995.
    (b) For airplanes identified in paragraph (a) of this AD on 
which Hawker Modification 253566G has been installed prior to the 
effective date of this AD, in accordance with Hawker Service 
Bulletin SB.53-82-3566G, dated March 1, 1995, Revision 1, dated 
March 14, 1995, or Revision 2, dated May 3, 1995: Within 30 days 
after the effective date of this AD, perform a functional test to 
determine if a bolt fouls the flap control system, in accordance 
with paragraph 2.A.(18) of the Accomplishment Instructions of Hawker 
Service Bulletin SB.53-82-3566G, Revision 3, dated December 14, 
1995. If any foul is detected, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113, Transport Airplane Directorate, FAA.
    (c) For Model BAe 125 series 800A airplane having constructor's 
number 258186: Within 6 months after the effective date of this AD, 
modify the airframe structure in the lower area of the fuselage aft 
of the wing rear spar, in accordance with Hawker Service Bulletin 
SB.53-85-3566D, dated March 10, 1995, or Revision 1, dated May 23, 
1995.
    (d) 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, Standardization Branch, ANM-113. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (e) Special flight permits may be issued in accordance with 
sections 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.
    (f) For certain airplanes, the modification and functional test 
shall be done in accordance with Hawker Service Bulletin SB.53-82-
3566G, Revision 3, dated December 14, 1995. For certain other 
airplanes, the modification and functional test shall be done in 
accordance with Hawker Service Bulletin SB.53-85-3566D, dated March 
10, 1995, or Hawker Service Bulletin SB.53-85-3566D, Revision 1, 
dated May 23, 1995. 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 Co., Manger 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 Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (g) This amendment becomes effective on July 15, 1996.

    Issued in Renton, Washington, on May 31, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-14229 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U