[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Pages 58436-58438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23400]



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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.

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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:
    <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 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, Mid-Continent 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.
    <bullet> Contact the manufacturer if no affected serial number is 
found;
    <bullet> Return spare parts to the manufacturer; and
    <bullet> 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

[[Page 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 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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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, Mid-Continent 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