[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Rules and Regulations]
[Pages 36089-36091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14247]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0462; Directorate Identifier 2013-NM-092-AD; 
Amendment 39-17476; AD 2013-11-16]
RIN 2120-AA64


Airworthiness Directives; Hawker Beechcraft Corporation (Type 
Certificate Previously Held by Raytheon Aircraft Company) 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 (Type Certificate Previously Held by 
Raytheon Aircraft Company) Model BAe.125 Series 800A (including C-29A 
and U-125), and 800B airplanes; and Model Hawker 800 (including variant 
U-125A) and 800XP airplanes modified in accordance with a certain 
winglet supplemental type certificate. This AD requires revising the 
Limitations section of the airplane flight manual (AFM) and installing 
placards on the instrument panel. This AD was prompted by reports of 
several instances of severe vibration and wing/aileron oscillations. We 
are issuing this AD to prevent vibration and wing/aileron oscillations, 
which could cause structural damage or lead to divergent flutter, and 
result in loss of integrity of the wing, loss of control of the 
airplane, and in-flight breakup.

DATES: This AD is effective July 2, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 2, 2013.
    We must receive comments on this AD by August 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 AD, contact Aviation 
Partners Inc., 7299 Perimeter Road South, Seattle, WA 98108; telephone 
800-946-4538; email info@aviationpartners.com; Internet https://www.aviationpartners.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

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 (phone: 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: (425) 917-6426; fax: (425) 917-6590; email: 
kathleen.arrigotti@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We have received reports of several instances of severe vibration 
and wing/aileron oscillation due to lack of sufficient flutter margin 
with winglets installed. This condition, if not corrected, could cause 
structural damage or lead to divergent flutter, and result in loss of 
integrity of the wing, loss of control of the airplane, and in-flight 
breakup.

Relevant Service Information

    We reviewed Aviation Partners Service Bulletin SBH-13-001, Revision 
A, dated May 3, 2013. The service information describes procedures for 
revising the Limitations section of the AFM to include an altitude 
restriction, and installing placards on the instrument panel.

FAA's Determination

    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.

[[Page 36090]]

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information described previously.

Interim Action

    We consider this AD interim action. Aviation Partners Inc. is 
currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, we may consider additional rulemaking. The 
modification is expected to remove the altitude restriction.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
severe vibration and wing/aileron oscillations could cause structural 
damage or lead to divergent flutter, and result in loss of integrity of 
the wing, loss of control of the airplane, and in-flight breakup. 
Therefore, we find that notice and opportunity for prior public comment 
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 was not preceded by notice and an opportunity for public 
comment. 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 the docket number FAA-2013-0462 and 
Directorate Identifier 2013-NM-092-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.

Costs of Compliance

    We estimate that this AD affects 102 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
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AFM Revision.......................  1 work-hour x $85 per hour               $0             $85          $8,670
                                      = $85.
Placard Installation...............  1 work-hour x $85 per hour               10              95           9,690
                                      = $85.
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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),
    (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.

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

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):

2013-11-16 Hawker Beechcraft Corporation (Type Certificate 
Previously Held by Raytheon Aircraft Company): Amendment 39-17476; 
Docket No. FAA-2013-0462; Directorate Identifier 2013-NM-092-AD.

(a) Effective Date

    This AD is effective July 2, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Hawker Beechcraft Corporation (Type 
Certificate Previously Held by Raytheon Aircraft Company) Model 
BAe.125 Series 800A (including C-29A and U-125), and 800B airplanes; 
and Model Hawker 800 (including variant U-125A) and 800XP airplanes; 
certificated in any category; modified by Aviation Partners Inc. 
Supplemental Type Certificate (STC) ST01411SE (http://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgstc.nsf/0/
1b3a5d9052d875c0862577a700704eb6/$FILE/ST01411SE.pdf).

 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 27, Flight Controls; and Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of several instances of severe 
vibration and wing/aileron oscillation due to lack of sufficient 
flutter margin with winglets installed. We are issuing this AD to 
prevent vibration and wing/aileron oscillations,

[[Page 36091]]

which could cause structural damage or lead to divergent flutter, 
and result in loss of integrity of the wing, loss of control of the 
airplane, and in-flight breakup.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revise the Airplane Flight Manual

    Within 45 days after the effective date of this AD: Revise the 
Limitations section of the airplane flight manual (AFM) by inserting 
the text specified in figure 1 to paragraph (g) of this AD adjacent 
to the page which states the Operational Limitations--Maximum 
Permissible Altitude.
[GRAPHIC] [TIFF OMITTED] TR17JN13.000


    Note 1 to paragraph (g) of this AD: When a statement identical 
to that in paragraph (g) of this AD has been included in the 
Limitations section of the general revisions of the AFM, the general 
revisions may be inserted into the AFM and the statement inserted as 
required by paragraph (g) of this AD may be removed.

(h) Installation of the Placards

    Within 45 days after the effective date of this AD: Install 
placards on the instrument panel, in accordance with paragraph 3.B. 
of the Accomplishment Instructions of Aviation Partners Service 
Bulletin SBH-13-001, Revision A, dated May 3, 2013.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, 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. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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.

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: (425) 917-6426; fax: (425) 917-6590; email: 
kathleen.arrigotti@faa.gov.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Aviation Partners Service Bulletin SBH-13-001, Revision A, 
dated May 3, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Aviation Partners Inc., 7299 Perimeter Road South, Seattle, WA 
98108; telephone 800-946-4538; email info@aviationpartners.com; 
Internet https://www.aviationpartners.com.
    (4) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 24, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-14247 Filed 6-14-13; 8:45 am]
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