Airworthiness Directives; Hawker Beechcraft Corporation Model BAe.125 Series 800A (including C-29A and U-125) Airplanes, and Hawker Beechcraft Model Hawker 800XP Airplanes, 58436-58438 [E8-23400]
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
jlentini on PROD1PC65 with RULES
AGENCY:
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
https://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
VerDate Aug<31>2005
18:31 Oct 06, 2008
Jkt 217001
Corporation, 9709 East Central, Wichita,
Kansas 67206.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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
E:\FR\FM\07OCR1.SGM
07OCR1
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations
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 https://
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.
jlentini on PROD1PC65 with RULES
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
18:31 Oct 06, 2008
Jkt 217001
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
Authority for This Rulemaking
VerDate Aug<31>2005
products identified in this rulemaking
action.
[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.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
58437
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
E:\FR\FM\07OCR1.SGM
07OCR1
58438
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations
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.
DEPARTMENT OF THE TREASURY
Alternative Methods of Compliance
(AMOCs)
Application of Section 409A to
Nonqualified Deferred Compensation
Plans; Correction
(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: https://
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]
26 CFR Part 1
[TD 9321]
RIN 1545–BE79
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
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:
BILLING CODE 4910–13–P
jlentini on PROD1PC65 with RULES
Internal Revenue Service
§ 1.409A–6 Application of section 409A
and effective dates.
*
VerDate Aug<31>2005
18:31 Oct 06, 2008
Jkt 217001
PO 00000
*
*
(a) * * *
Frm 00004
*
(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
Executive Office for United
States Trustees (EOUST), Justice.
ACTION: Final rule.
AGENCY:
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
*
1 Codified
Fmt 4700
Sfmt 4700
E:\FR\FM\07OCR1.SGM
at 28 U.S.C. 589b.
07OCR1
Agencies
[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Pages 58436-58438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23400]
[[Page 58436]]
=======================================================================
-----------------------------------------------------------------------
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 https://
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 https://
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.
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
[[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 https://
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
[[Page 58438]]
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: https://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