58436 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0976; Directorate 

Identifier 2008–NM–145–AD; Amendment 

39–15685; AD 2008–21–01] 

RIN 2120–AA64 

Airworthiness Directives; Hawker 

Beechcraft Corporation Model BAe.125 

Series 800A (including C–29A and U– 

125) Airplanes, and Hawker Beechcraft 

Model Hawker 800XP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Hawker Beechcraft Corporation Model 

BAe.125 series 800A (including C–29A 

and U–125) airplanes, and Hawker 

Beechcraft Model Hawker 800XP 

airplanes. This AD requires doing an 

inspection to determine the serial 

number and part number on the main 

landing gear (MLG) upper casing, and 

replacing the MLG assembly with a 

serviceable MLG assembly if necessary. 

This AD results from a report indicating 

that the MLG casings have received 

improper hydrogen embrittlement relief. 

We are issuing this AD to prevent a 

fracture of the MLG casings and a 

collapse of the affected MLG, which 

could adversely affect the airplane’s 

continued safe flight and landing. 

DATES: This AD is effective October 22, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 22, 2008. 

We must receive comments on this 

AD by December 8, 2008. 

ADDRESSES: You may send comments 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 AD, contact Hawker Beechcraft 

Corporation, 9709 East Central, Wichita, 

Kansas 67206. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

William Griffith, Aerospace Engineer, 

Airframe Branch, ACE–118W, FAA, 

Wichita Aircraft Certification Office, 

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas 

67209; telephone (316) 946–4116; fax 

(316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have received a report indicating 

that the main landing gear (MLG) 

casings have improper hydrogen 

embrittlement relief on certain Hawker 

Beechcraft Corporation Model BAe.125 

series 800A (including C–29A and U– 

125) airplanes, and Hawker Beechcraft 

Model Hawker 800XP airplanes. Certain 

MLG casings did not receive proper 

hydrogen embrittlement relief during 

production. Improper hydrogen 

embrittlement relief, if not corrected, 

could result in a fracture of the MLG 

casings and a collapse of the affected 

MLG, which could adversely affect the 

airplane’s continued safe flight and 

landing. 

Relevant Service Information 

We have reviewed Hawker Beechcraft 

Mandatory Service Bulletin SB 32–3920, 

dated August 2008. The service bulletin 

describes procedures for doing an 

inspection to determine the serial 

number and part number on the MLG 

assembly, and replacing the MLG 

assembly with a serviceable MLG 

assembly if necessary. The service 

bulletin also specifies to contact the 

manufacturer to report if any affected 

serial number is found, return spare 

parts to the manufacturer and report 

accomplishment of the service bulletin. 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD 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. This AD requires 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the Service 

Bulletin and This AD.’’ 

Differences Between the Service 

Bulletin and This AD 

Although paragraph 1.D., 

‘‘Compliance’’ of Hawker Beechcraft 

Mandatory Service Bulletin SB 32–3920, 

dated August 2008, specifies a 

compliance time of within 200 flight 

cycles since installation of the affected 

MLG assembly, or within 60 days after 

the receipt of the service bulletin, 

whichever occurs first, this AD does not 

include that compliance time. We have 

determined that a compliance time of 30 

days after the effective date of this AD 

is necessary to address the unsafe 

condition. In developing an appropriate 

compliance time of this AD, we 

considered the manufacturer’s 

recommendation, the degree of urgency 

associated with the subject unsafe 

condition, the average utilization of the 

affected fleet, and the time necessary to 

perform the inspection. The difference 

has been coordinated with Hawker 

Beechcraft Corporation. 

Although the Accomplishment 

Instructions of Hawker Beechcraft 

Mandatory Service Bulletin SB 32–3920, 

dated August 2008, specify the 

following actions, this AD does not 

include those requirements. 

• Contact the manufacturer if no 

affected serial number is found; 

• Return spare parts to the 

manufacturer; and 

• Report accomplishment of the 

service bulletin. 

The Accomplishment Instructions of 

Hawker Beechcraft Mandatory Service 

Bulletin SB 32–3920, dated August 

2008, specify to inspect for serial 

numbers on the MLG assembly to 

determine if any MLG assembly with a 

serial number identified in Table 1 of 

the service bulletin is installed on the 

airplane. The accomplishment 

instructions do not specify an 

inspection to determine if any part 

identified in the ‘‘spares’’ paragraph 

1.A.(2) of the service bulletin is 

installed. In order to address all affected 

parts, this AD requires doing an 

inspection to determine if the serial 

number and part number of the MLG 

upper casings are from either Table 1 or 

paragraph 1.A.(2) of the service bulletin. 

FAA’s Justification and Determination 

of the Effective Date 

Improper hydrogen embrittlement 

relief of the MLG casings could result in 

a fracture of the MLG casings and a 


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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 58437 

collapse of the affected MLG, which 

could adversely affect the airplane’s 

continued safe flight and landing. 

Because of our requirement to promote 

safe flight of civil aircraft and thus, the 

critical need to assure the proper 

functioning of the MLG assembly and 

the short compliance time involved 

with this action, this AD must be issued 

immediately. 

Because an unsafe condition exists 

that requires the immediate adoption of 

this AD, we find 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 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2008–0976; Directorate Identifier 2008– 

NM–145–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this 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 AD. 

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 

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 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2008–21–01 Hawker Beechcraft 

Corporation (Formerly Raytheon 

Aircraft Company): Amendment 39– 

15685. Docket No. FAA–2008–0976; 

Directorate Identifier 2008–NM–145–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective October 22, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Hawker Beechcraft 

Corporation Model BAe.125 series 800A 

(including C–29A and U–125) airplanes, and 

Hawker Beechcraft Model Hawker 800XP 

airplanes, certificated in any category; having 

serial numbers identified in Hawker 

Beechcraft Mandatory Service Bulletin SB 

32–3920, dated August 2008. 

Unsafe Condition 

(d) This AD results from a report indicating 

that the main landing gear (MLG) casings 

have received improper hydrogen 

embrittlement relief. We are issuing this AD 

to prevent a fracture of the MLG casings and 

a collapse of the affected MLG, which could 

adversely affect the airplane’s continued safe 

flight and landing. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspection 

(f) Within 30 days after the effective date 

of this AD, do the actions specified in 

paragraphs (f)(1) and (f)(2) of this AD. 

(1) Do an inspection to determine whether 

an MLG upper casing, having a serial number 

and part number identified in Table 1 of the 

Accomplishment Instructions of Hawker 

Beechcraft Mandatory Service Bulletin SB 

32–3920, dated August 2008, is installed. 

(2) Do an inspection to determine whether 

an MLG upper casing, having a part number 

and serial number identified in paragraph 

1.A.(2) of Hawker Beechcraft Mandatory 

Service Bulletin SB 32–3920, dated August 

2008, is installed. 

Replacement 

(g) If any MLG upper casing having a serial 

number and part number identified in Table 

1 of Hawker Beechcraft Mandatory Service 

Bulletin SB 32–3920, dated August 2008, or 

in paragraph 1.A.(2) of the service bulletin, 

is found during the inspection required by 

paragraph (f) of this AD: Within 30 days after 

the effective date of this AD, replace the MLG 

assembly with a serviceable MLG assembly, 

in accordance with the Accomplishment 

Instructions of Hawker Beechcraft Mandatory 

Service Bulletin SB 32–3920, dated August 

2008. 

Actions Not Required 

(h) Although the Accomplishment 

Instructions of Hawker Beechcraft Mandatory 

Service Bulletin SB 32–3920, dated August 

2008, specify to contact the manufacturer, 

return spare parts to the manufacturer, and 

report accomplishment of the service bulletin 

to the manufacturer, this AD does not 

include those requirements. 

Parts Installation 

(i) As of the effective date of this AD, no 

person may install, on any airplane, a MLG 

assembly having any serial number identified 

in Table 1 of the Accomplishment 

Instructions of Hawker Beechcraft Mandatory 

Service Bulletin SB 32–3920, dated August 

2008. 

(j) As of the effective date of this AD, no 

person may install, on any airplane, a MLG 

assembly having any serial number and part 

number identified in paragraph 1.A.(2) of 

Hawker Beechcraft Mandatory Service 

Bulletin SB 32–3920, dated August 2008. 

Special Flight Permit 

(k) Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), may be issued to operate the 


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58438 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 

1Codified at 28 U.S.C. 589b. 

airplane to a location where the requirements 

of this AD can be accomplished, provided 

that the flight to the flight service center is 

at the minimum allowed weight. 

Concurrence by the Manager, Wichita 

Aircraft Certification Office (ACO), FAA, is 

required prior to issuance of the special flight 

permit. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(1) The Manager, Wichita ACO, FAA, 

Attn: William Griffith, Aerospace Engineer, 

Airframe Branch, ACE–118W, FAA, Wichita 

ACO, 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas 67209; 

telephone (316) 946–4116; fax (316) 946– 

4107; has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. 

Material Incorporated by Reference 

(m) You must use Hawker Beechcraft 

Mandatory Service Bulletin SB 32–3920, 

dated August 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 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Hawker Beechcraft 

Corporation, 9709 East Central, Wichita, 

Kansas 67206. 

(3) You may review copies of the service 

information incorporated by reference at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or 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 Renton, Washington, on 

September 20, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–23400 Filed 10–6–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9321] 

RIN 1545–BE79 

Application of Section 409A to 

Nonqualified Deferred Compensation 

Plans; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to final regulations (TD 

9321) which were published in the 

Federal Register on April 17, 2007 (72 

FR 19323), corrected July 31, 2007 (72 

FR 41620) and September 24, 2007 (72 

FR 54945). The final regulations relate 

to section 409A and nonqualified 

deferred compensation plans. 

DATES: This correction is effective 

October 7, 2008. 

Applicability date: April 17, 2007. 

FOR FURTHER INFORMATION: Guy R. 

Traynor, (202) 622–3693 (not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are subject 

to this document are under section 

409A of the Internal Revenue Code. 

Need for Correction 

As published, the correcting 

amendment of September 24, 2008 (72 

FR 54945) to final regulations (TD 9321) 

contains errors that may prove to be 

misleading and is in need of 

clarification. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendment. 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read as follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 1.409A–6(a)(3)(i), the 

third sentence is corrected to read as 

follows: 

§ 1.409A–6 Application of section 409A 

and effective dates. 

* * * * * 

(a) * * * 

(3) * * * 

(i) Nonaccount balance plans. * * * 

For purposes of calculating the present 

value of a benefit under this paragraph 

(a)(3)(i), reasonable actuarial 

assumptions and methods must be used. 

* * * 

* * * * * 

Guy R. Traynor, 

Federal Register Liaison, Legal Processing 

Division, Associate Chief Counsel (Procedure 

and Administration). 

[FR Doc. E8–23652 Filed 10–6–08; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 58 

[Docket No: EOUST 101] 

RIN 1105–AB29 

Procedures for Completing Uniform 

Forms of Trustee Final Reports in 

Cases Filed Under Chapters 7, 12, and 

13 of the Bankruptcy Code 

AGENCY: Executive Office for United 

States Trustees (EOUST), Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice, 

through its component, EOUST, is 

issuing this final rule (rule) pursuant to 

Section 602 of the Bankruptcy Abuse 

Prevention and Consumer Protection 

Act of 2005 (BAPCPA).1 The BAPCPA 

requires the Department to issue rules 

requiring uniform forms for final reports 

(Uniform Forms) by trustees in cases 

under chapters 7, 12, and 13 of title 11. 

The BAPCPA requires the rule to strike 

the best achievable practical balance 

between (1) the reasonable needs of the 

public for information about the 

operational results of the Federal 

bankruptcy system, (2) economy, 

simplicity, and lack of undue burden on 

persons with a duty to file these reports, 

and (3) appropriate privacy concerns 

and safeguards. 

DATES: Effective Date: This rule is 

effective April 1, 2009. 

ADDRESSES: Executive Office for United 

States Trustees (EOUST), 20 

Massachusetts Ave., NW., 8th Floor, 

Washington, DC 20530. 

FOR FURTHER INFORMATION CONTACT: 

Ramona Elliott, General Counsel, or 

Larry Wahlquist, Office of General 

Counsel, at (202) 307–1399 (not a tollfree number). 

SUPPLEMENTARY INFORMATION: On 

February 4, 2008 at 73 FR 6447, the 

Department published a proposed rule 


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