Airworthiness Directives; Hawker Beechcraft Corporation Airplanes Equipped With a Certain Supplemental Type Certificate (STC), 81790-81793 [2011-33344]

Download as PDF 81790 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations In the interim final rule (FR Doc. 2011–31723) appearing on page 78500 in the Federal Register of Monday, December 19, 2011, the following correction is made: DEPARTMENT OF TRANSPORTATION Supplement I to Part 1013 [Corrected] [Docket No. FAA–2011–1420; Directorate Identifier 2011–CE–035–AD; Amendment 39–16905; AD 2011–27–04] SUPPLEMENTARY INFORMATION: 1. On page 78514, in the first column, after the sixth full paragraph, insert the following: ‘‘iii. From January 1, 2012 through December 31, 2012, the threshold amount is $51,800.’’ ■ Heidi Cohen, Senior Counsel for Regulatory Affairs, Department of the Treasury. Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; Hawker Beechcraft Corporation Airplanes Equipped With a Certain Supplemental Type Certificate (STC) Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: [FR Doc. 2011–33354 Filed 12–28–11; 8:45 am] BILLING CODE 4810–AM–P Discussion We are adopting a new airworthiness directive (AD) for all Hawker Beechcraft Corporation Models 95–C55, D55, E55, 58, and 58A airplanes equipped with a certain STC. This AD requires assuring the airspeed indicator(s) and/or airspeed limitations placard(s) have the correct minimum control speed (VMC) markings for the STCs installed. This AD was prompted by information that suggests the affected airplane models with a certain STC installed may not have the appropriate VMC markings on the airspeed indicator(s). We are issuing this AD to correct the unsafe condition on these products. SUMMARY: FEDERAL AVIATION ADMINISTRATION 14 CFR Part 23 Airworthiness Standards: Normal, Utility, Acrobatic, and Commuter Category Airplanes CFR Correction In Title 14 of the Code of Federal Regulations, Parts 1 to 59, revised as of January 1, 2011, on page 351, in Appendix C to Part 23, Note (4) to the table is corrected to read as follows: * ■ * * * * * Note (4). L is defined in § 23.725(b). * * * * [FR Doc. 2011–33531 Filed 12–28–11; 8:45 am] BILLING CODE 1505–01–D FEDERAL AVIATION ADMINISTRATION 14 CFR Part 25 Airworthiness Standards: Transport Category Airplanes tkelley on DSK3SPTVN1PROD with RULES CFR Correction In Title 14 of the Code of Federal Regulations, Parts 1 to 59, revised as of January 1, 2011, on page 413, in § 25.509, in paragraph (a)(3)(ii), the expression ‘‘(6WT + 450,000)/7’’ is corrected to read ‘‘(6WT + 450,000)/70’’. [FR Doc. 2011–33532 Filed 12–28–11; 8:45 am] BILLING CODE 1505–01–D VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 This AD is effective December 29, 2011. We must receive comments on this AD by February 13, 2012. 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 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. DATES: APPENDIX C TO PART 23—BASIC LANDING CONDITIONS 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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: Eric B. Potter, Aerospace Engineer, Atlanta Aircraft Certification Office, FAA, 1701 Columbia Avenue, College Park, Georgia 30337; phone: (404) 474–5583; fax: (404) 474–5606; email: eric.potter@faa.gov. SUPPLEMENTARY INFORMATION: On a Hawker Beechcraft Corporation Model 58 airplane, we found that STC SA1762SO (installation of vortex generators) and STC SA4016NM (Foxstar Baron modification that included installation of winglets and different engines and propellers) were installed. The airplane flight manual (AFM) supplements for both STCs contained different VMC limitations. The airspeed indicator was marked in accordance with STC SA4016NM when it should have been marked with the higher VMC specified for STC SA1762SO. Other affected Hawker Beechcraft Corporation airplanes with STC SA1762SO installed may have other STCs or modifications installed that affect VMC. Those modified airplanes may not have VMC accurately marked on the airspeed indicator(s). Whenever an STC is installed, the relationship between the STC being installed and other STCs already installed on the airplane should be properly analyzed to assure there are no adverse effects on the airworthiness of the modified airplane. The installation of multiple STCs affecting VMC on the same airplane could result in conflicting operating limitations. The airspeed limitations placard(s) and the airspeed indicator(s) must be correctly marked with the highest VMC limitation stated in the AFM, AFM supplements, and pilot operating handbooks (POHs), unless FAA-approved testing has been done to determine the correct VMC and a new AFM supplement has replaced the conflicting supplements. Therefore, the VMC limitation stated in the AFM, AFM supplements, and POHs must be reviewed for each airplane to assure the highest VMC limitation is identified. Hawker Beechcraft Corporation Models 95–C55, D55, E55, 58, and 58A airplanes may also have STC SA1762SO installed and be subject to this unsafe condition. This condition, if not E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations installing a placard(s) specifying the correct VMC. This AD may also require establishing a new one-engineinoperative speed (VSSE) if the existing VSSE is inaccurate. corrected, could result in sudden and unexpected loss of aircraft control during single engine operation. 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. The FAA is still evaluating the subject matter presented in this AD. While the unsafe condition identified in this AD is addressed on the airplanes affected by this AD, our evaluation may lead us to consider additional rulemaking on this subject on these and/or other aircraft. AD Requirements On all Hawker Beechcraft Corporation Models 95–C55, D55, E55, 58, and 58A airplanes equipped with STC SA1762SO, this AD requires inspecting all installed placards, POHs, and airplane flight manual supplements to identify other modifications that may affect VMC and accurately marking the VMC on the airspeed indicator(s) or 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 incorrect VMC markings on the airspeed indicator(s) could result in sudden and unexpected loss of aircraft control in the event of an actual engine failure or simulated engine failure during a training flight. 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 81791 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–2011–1420 and Directorate Identifier 2011–CE–035–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. Costs of Compliance We estimate that this AD affects 400 airplanes of U.S. registry. We estimate the following costs to comply with this AD: This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an ESTIMATED COSTS Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection of AFM supplements for installation of other STCs that may affect VMC. 1 work-hour × $85 per hour = $85 ........... Not applicable ........... $85 $34,000 We estimate the following costs to do any necessary placards and/or airspeed indicator remarking that will be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these actions: ON-CONDITION COSTS Action Labor cost Installation of placard(s) for appropriate VMC ............... Remarking of the airspeed indicator(s) and/or airspeed limitations placard(s). 1 work-hour × $85 per hour = $85 ............................... $2 work-hours × $85 per hour = $170 ......................... tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Parts cost $10 200 Cost per product $95 370 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, E:\FR\FM\29DER1.SGM 29DER1 81792 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 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 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 airworthiness directive (AD): ■ 2011–27–04 Hawker Beechcraft Corporation: Amendment 39–16905; Docket No. FAA–2011–1420; Directorate Identifier 2011–CE–035–AD. (a) Effective Date This AD is effective December 29, 2011. (b) Affected ADs None. (c) Applicability This AD applies to Hawker Beechcraft Corporation Models 95–C55, D55, E55, 58, and 58A airplanes, all serial numbers that are: (1) equipped with Supplemental Type Certificate (STC) SA1762SO; and (2) certificated in any category. Note 1: STC SA1762SO is sometimes referred to as the ‘‘Foxstar modification.’’ This modification includes new Continental IO–550 engines, new Hartzell 4-bladed propellers, and the addition of winglets. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 34; Airspeed Indicator. tkelley on DSK3SPTVN1PROD with RULES (e) Unsafe Condition This AD was prompted by information that suggests the affected airplane models with STC SA1762SO installed may not have the correct minimum control speed (VMC) markings on the airspeed indicator(s). We are issuing this AD to correct the unsafe condition on these products. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) VMC Markings Within the next 10 hours time-in-service (TIS) after December 29, 2011 (the effective date of this AD) or within the next 30 days VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 after December 29, 2011 (the effective date of this AD), whichever occurs first, inspect all added placards, pilot operating handbooks (POHs), and airplane flight manual (AFM) supplements to identify modifications other than STC SA1762SO that state a VMC limitation. Note 2: The abbreviation VMC for minimum control speed used in this AD may be identified in the AFM and AFM supplements as VMCA. (1) If no modifications that state a VMC limitation are identified, other than STC SA1762SO, within the compliance time specified in paragraph (g) of this AD, inspect the VMC marking on the airspeed indicator(s) and airspeed limitations placard(s) to assure they are marked accurately to match the VMC specified in the AFM supplement associated with STC SA1762SO. (i) If the VMC marking on both the airspeed indicator(s) and the airspeed limitations placard(s) do match the VMC specified in the AFM supplement associated with STC SA1762SO, paragraph (g)(1)(iii) is the only other action required by this AD. (ii) If either the VMC marking on the airspeed indicator(s) or the airspeed limitations placard(s) do not match the VMC specified in the AFM supplement associated with STC SA1762SO, before further flight after the inspection required in paragraph (g)(1) of this AD, install a temporary placard(s) for the airspeed indicator(s) and/ or install a temporary placard(s) over the VMC marked on the airspeed limitations placard(s), as applicable. (A) The VMC as specified on both the airspeed indicator(s) or temporary placard(s) and the airspeed limitations placard(s) must match the VMC specified in the AFM supplement associated with STC SA1762SO, following the instructions in paragraph (h) of this AD. (B) Before further flight after the inspection required in paragraph (g)(1) of this AD, you may have the airspeed indicator(s) permanently remarked and/or permanently remark the airspeed limitations placard(s) as required in paragraph (i), Remarking the Airspeed Indicator(s) and the Airspeed Limitations Placard(s), of this AD in lieu of installing the temporary placard(s) for the airspeed indicator(s) and/or installing the temporary placard(s) for the VMC on the airspeed limitations placard(s). (iii) If the AFM lists an intentional oneengine-inoperative speed (VSSE), you must use the formula below in paragraph (g)(1)(iii)(A) of this AD and establish a new VSSE, unless the existing VSSE is equal to or greater than the VSSE determined by the formula. If the AFM does not state a VSSE, skip forward to the actions required in paragraph (h) of this AD, Temporary Airspeed Indicator(s) and Temporary Airspeed Limitations Placard(s) Installation. (A) New VSSE = ((VSSE from the AFM)/(VMC from the AFM)) × (VMC from the AFM supplement associated with STC SA1762SO). (B) If necessary, insert the following language for the new VSSE into the AFM in all areas that refer to VSSE: ‘‘The revised VSSE is llll in accordance with AD 2011–27– 04.’’ (2) If modifications that state a VMC limitation are identified, in addition to STC PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 SA1762SO, within the compliance time specified in paragraph (g) of this AD, inspect the VMC marking on the airspeed indicator(s) and the airspeed limitations placard(s) to assure they match and are marked accurately with the highest VMC specified in either the AFM or any placards and/or AFM supplements associated with any modifications that state a VMC limitation. (i) If the VMC marking on the airspeed indicator(s) and the airspeed limitations placard(s) match and are marked with the highest VMC specified in either the AFM or any placards and/or AFM supplements associated with any modifications that affect VMC, skip forward to the actions required in paragraph (g)(2)(iii) of this AD. (ii) If the VMC marking on the airspeed indicator(s) and the airspeed limitations placard(s) do not match and/or are not marked with the highest VMC specified in either the AFM or any placards and/or AFM supplements associated with any modifications that affect VMC, before further flight after the inspection required in paragraph (g)(2), install a temporary placard(s) for the airspeed indicator(s) and/ or install a temporary placard(s) over the VMC marked on the airspeed limitations placard(s), as applicable. (A) The VMC on both the airspeed indicator(s) and the airspeed limitations placard(s) must match the highest VMC specified in either the AFM or any placards and/or AFM supplements associated with any modifications that affect VMC, following the instructions in paragraph (h) of this AD, Temporary Airspeed Indicator(s) and Temporary Airspeed Limitations Placard(s) Installation. (B) Before further flight after the inspection required in paragraph (g)(2), you may have the airspeed indicator(s) permanently remarked and/or permanently remark the airspeed limitations placard(s) as required in paragraph (i), Remarking the Airspeed Indicator(s) and the Airspeed Limitations Placard(s), of this AD in lieu of installing the temporary placard(s) for the airspeed indicator(s) and/or installing the temporary placard(s) for the VMC on the airspeed limitations placard(s). (iii) If the AFM or any of the AFM supplements that state a VMC limitation also list a VSSE, you must use the formula below in paragraph (g)(2)(iii)(A) of this AD and establish a new VSSE, unless the existing VSSE is equal to or greater than the VSSE determined by the formula. If the AFM or any of the AFM supplements do not list a VSSE, skip forward to the actions required in paragraph (h) of this AD, Temporary Airspeed Indicator(s) and Temporary Airspeed Limitations Placard(s) Installation. (A) New VSSE = ((VSSE from the AFM)/(VMC from the AFM)) × (VMC as determined by paragraph (g)(2) of this AD). (B) If the VSSE listed in the AFM or any AFM supplements that state a VMC limitation is higher than the VSSE determined by paragraph (g)(2)(iii)(A) of this AD above, then the highest of all these values shall be the new VSSE. (C) If necessary, insert the following language for the new VSSE into the AFM in all areas that refer to VSSE, including AFM E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations supplements: ‘‘The revised VSSE is llll in accordance with AD 2011–27–04.’’ tkelley on DSK3SPTVN1PROD with RULES (h) Temporary Airspeed Indicator(s) and Temporary Airspeed Limitations Placard(s) Installation (1) If required by the actions in paragraph (g)(1)(ii) or (g)(2)(ii) of this AD, fabricate a temporary placard(s) (using at least 1⁄8-inch black letters on a white background) with the following words and install the placard(s) on the instrument panel in the nearest practical location to the airspeed indicator(s) within the pilot’s clear view: ‘‘VMC = llll .’’ Insert in the blank space the VMC as determined by the actions required in either paragraph (g)(1)(ii) or (g)(2)(ii) of this AD. (2) If the VMC on the existing airspeed limitations placard is different than determined in either paragraph (g)(1)(ii) or (g)(2)(ii) of this AD, fabricate a temporary placard(s) (using letter sizes similar to those on the existing airspeed limitations placard(s) with black letters on a white background) with the VMC as determined by the actions required in either paragraph (g)(1)(ii) or (g)(2)(ii) of this AD and install the placard(s) over the VMC listed on the existing airspeed limitations placard(s). Note 3: You may use FAA Advisory Circular 43.13–2B for additional guidance on installing placards. You can find Advisory Circular 43.13–2B at https://rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgAdvisoryCircular.nsf. (i) Remarking the Airspeed Indicator(s) and the Airspeed Limitations Placard(s) (1) If during either of the inspections required in paragraphs (g)(1) or (g)(2) of this AD, the VMC marking on the airspeed indicator(s) was not marked accurately and required immediate temporary corrective action (placard), within the next 12 months after December 29, 2011 (the effective date of this AD), permanently remark the airspeed indicator(s) with the correct VMC marking. This instrument modification must be done by an appropriately rated repair facility. (i) After the airspeed indicator(s) has been remarked, mark the airspeed indicator(s) instrument casing to clearly indicate that the markings comply with this AD stating ‘‘Modified in compliance with AD 2011–27– 04, refer to AD 2011–27–04 for replacement part criteria.’’ (ii) Any replacement airspeed indicator must also meet the VMC marking requirements in paragraphs (i)(1) and (i)(1)(i) of this AD. (iii) After the VMC has been remarked as required in this paragraph, you may remove the temporary placard(s) installed as required in paragraph (g)(1)(ii) and (g)(2)(ii) of this AD. (iv) Instead of installing the temporary placard(s) after either of the inspections when it is determined the VMC marking on the airspeed indicator(s) is not marked accurately, you may permanently remark the airspeed indicator(s) as required in paragraph (i), Remarking the Airspeed Indicator(s) and the Airspeed Limitations Placard(s), of this AD provided it is done before further flight. (2) If during either of the inspections required in paragraphs (g)(1) or (g)(2) of this VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 AD, the VMC marking on the airspeed limitations placard(s) was not marked accurately and required immediate temporary corrective action (placard), within the next 12 months after December 29, 2011 (the effective date of this AD), permanently remark or remake the airspeed limitations placard(s) with the correct VMC marking. (j) Alternative Methods of Compliance (AMOC) (1) The Manager, Atlanta Aircraft Certification Office (ACO), 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. (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. (k) Related Information For more information about this AD, contact Eric B. Potter, Aerospace Engineer, Atlanta ACO, FAA, 1701 Columbia Avenue, College Park, Georgia 30337; phone: (404) 474–5583; fax: (404) 474–5606; email: eric.potter@faa.gov. Issued in Kansas City, Missouri, on December 21, 2011. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–33344 Filed 12–28–11; 8:45 am] BILLING CODE 4910–13–P 81793 controlled when used as ‘‘use’’ ‘‘technology’’ for repair, rebuild and overhaul. Excluded from 9E001 to 9E003 control are: technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable line replaceable units, including replacement of whole engines or engine modules. 2. On page 848, revise the note under the heading ‘‘E. Technology’’ to read as follows: Note: ‘‘Development’’ or ‘‘production’’ ‘‘technology’’ controlled by 9E001 to 9E003 for gas turbine engines remains controlled when used as ‘‘use’’ ‘‘technology’’ for repair, rebuild and overhaul. Excluded from 9E001 to 9E003 control are: technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable line replaceable units, including replacement of whole engines or engine modules. [FR Doc. 2011–33619 Filed 12–28–11; 8:45 am] BILLING CODE 1505–01–D SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 230, 239, 270, and 275 [Release Nos. 33–9287; IA–3341; IC–29891; File No. S7–04–11] RIN 3235–AK90 DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 The Commerce Control List CFR Correction In Title 15 of the Code of Federal Regulations, Parts 300 to 799, revised as of Jan. 1, 2011, in Supplement No. 1 of Part 774, make the following corrections: 1. On page 847, in ECCN 9D004, remove the following paragraphs from the end of the entry: ■ 79. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 9 Aerospace and Propulsion, Product Group E is amended by revising the Note located at the beginning to read as follows: E. Technology Note: ‘‘Development’’ or ‘‘production’’ ‘‘technology’’ controlled by 9E001 to 9E003 for gas turbine engines remains PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Net Worth Standard for Accredited Investors Securities and Exchange Commission. ACTION: Final rule. AGENCY: We are adopting amendments to the accredited investor standards in our rules under the Securities Act of 1933 to implement the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Act requires the definitions of ‘‘accredited investor’’ in our Securities Act rules to exclude the value of a person’s primary residence for purposes of determining whether the person qualifies as an ‘‘accredited investor’’ on the basis of having a net worth in excess of $1 million. This change to the net worth standard was effective upon enactment by operation of the Dodd-Frank Act, but it also requires us to revise our current Securities Act rules to conform to the new standard. We also are adopting technical amendments to Form D and a number of our rules to conform them to SUMMARY: E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81790-81793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33344]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1420; Directorate Identifier 2011-CE-035-AD; 
Amendment 39-16905; AD 2011-27-04]
RIN 2120-AA64


Airworthiness Directives; Hawker Beechcraft Corporation Airplanes 
Equipped With a Certain Supplemental Type Certificate (STC)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Hawker Beechcraft Corporation Models 95-C55, D55, E55, 58, and 58A 
airplanes equipped with a certain STC. This AD requires assuring the 
airspeed indicator(s) and/or airspeed limitations placard(s) have the 
correct minimum control speed (VMC) markings for the STCs 
installed. This AD was prompted by information that suggests the 
affected airplane models with a certain STC installed may not have the 
appropriate VMC markings on the airspeed indicator(s). We 
are issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective December 29, 2011.
    We must receive comments on this AD by February 13, 2012.

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 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.

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

FOR FURTHER INFORMATION CONTACT: Eric B. Potter, Aerospace Engineer, 
Atlanta Aircraft Certification Office, FAA, 1701 Columbia Avenue, 
College Park, Georgia 30337; phone: (404) 474-5583; fax: (404) 474-
5606; email: eric.potter@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    On a Hawker Beechcraft Corporation Model 58 airplane, we found that 
STC SA1762SO (installation of vortex generators) and STC SA4016NM 
(Foxstar Baron modification that included installation of winglets and 
different engines and propellers) were installed. The airplane flight 
manual (AFM) supplements for both STCs contained different 
VMC limitations. The airspeed indicator was marked in 
accordance with STC SA4016NM when it should have been marked with the 
higher VMC specified for STC SA1762SO.
    Other affected Hawker Beechcraft Corporation airplanes with STC 
SA1762SO installed may have other STCs or modifications installed that 
affect VMC. Those modified airplanes may not have 
VMC accurately marked on the airspeed indicator(s). Whenever 
an STC is installed, the relationship between the STC being installed 
and other STCs already installed on the airplane should be properly 
analyzed to assure there are no adverse effects on the airworthiness of 
the modified airplane.
    The installation of multiple STCs affecting VMC on the 
same airplane could result in conflicting operating limitations. The 
airspeed limitations placard(s) and the airspeed indicator(s) must be 
correctly marked with the highest VMC limitation stated in 
the AFM, AFM supplements, and pilot operating handbooks (POHs), unless 
FAA-approved testing has been done to determine the correct 
VMC and a new AFM supplement has replaced the conflicting 
supplements. Therefore, the VMC limitation stated in the 
AFM, AFM supplements, and POHs must be reviewed for each airplane to 
assure the highest VMC limitation is identified.
    Hawker Beechcraft Corporation Models 95-C55, D55, E55, 58, and 58A 
airplanes may also have STC SA1762SO installed and be subject to this 
unsafe condition. This condition, if not

[[Page 81791]]

corrected, could result in sudden and unexpected loss of aircraft 
control during single engine operation.

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.
    The FAA is still evaluating the subject matter presented in this 
AD. While the unsafe condition identified in this AD is addressed on 
the airplanes affected by this AD, our evaluation may lead us to 
consider additional rulemaking on this subject on these and/or other 
aircraft.

AD Requirements

    On all Hawker Beechcraft Corporation Models 95-C55, D55, E55, 58, 
and 58A airplanes equipped with STC SA1762SO, this AD requires 
inspecting all installed placards, POHs, and airplane flight manual 
supplements to identify other modifications that may affect 
VMC and accurately marking the VMC on the 
airspeed indicator(s) or installing a placard(s) specifying the correct 
VMC. This AD may also require establishing a new one-engine-
inoperative speed (VSSE) if the existing VSSE is 
inaccurate.

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 
incorrect VMC markings on the airspeed indicator(s) could 
result in sudden and unexpected loss of aircraft control in the event 
of an actual engine failure or simulated engine failure during a 
training flight. 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-2011-1420 and 
Directorate Identifier 2011-CE-035-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.

Costs of Compliance

    We estimate that this AD affects 400 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
            Action                  Labor cost              Parts cost              product         operators
----------------------------------------------------------------------------------------------------------------
Inspection of AFM supplements   1 work-hour x $85  Not applicable.............             $85          $34,000
 for installation of other       per hour = $85.
 STCs that may affect VMC.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary placards and/or 
airspeed indicator remarking that will be required based on the results 
of the inspection. We have no way of determining the number of aircraft 
that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation of placard(s) for appropriate VMC  1 work-hour x $85 per hour = $85             $10             $95
Remarking of the airspeed indicator(s) and/or   $2 work-hours x $85 per hour =               200             370
 airspeed limitations placard(s).                $170.
----------------------------------------------------------------------------------------------------------------

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,

[[Page 81792]]

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):

2011-27-04 Hawker Beechcraft Corporation: Amendment 39-16905; Docket 
No. FAA-2011-1420; Directorate Identifier 2011-CE-035-AD.

(a) Effective Date

    This AD is effective December 29, 2011.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Hawker Beechcraft Corporation Models 95-C55, 
D55, E55, 58, and 58A airplanes, all serial numbers that are:
    (1) equipped with Supplemental Type Certificate (STC) SA1762SO; 
and
    (2) certificated in any category.

    Note 1: STC SA1762SO is sometimes referred to as the ``Foxstar 
modification.'' This modification includes new Continental IO-550 
engines, new Hartzell 4-bladed propellers, and the addition of 
winglets.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 34; Airspeed Indicator.

(e) Unsafe Condition

    This AD was prompted by information that suggests the affected 
airplane models with STC SA1762SO installed may not have the correct 
minimum control speed (VMC) markings on the airspeed 
indicator(s). We are issuing this AD to correct the unsafe condition 
on these products.

(f) Compliance

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

(g) VMC Markings

    Within the next 10 hours time-in-service (TIS) after December 
29, 2011 (the effective date of this AD) or within the next 30 days 
after December 29, 2011 (the effective date of this AD), whichever 
occurs first, inspect all added placards, pilot operating handbooks 
(POHs), and airplane flight manual (AFM) supplements to identify 
modifications other than STC SA1762SO that state a VMC 
limitation.

    Note 2:  The abbreviation VMC for minimum control 
speed used in this AD may be identified in the AFM and AFM 
supplements as VMCA.

    (1) If no modifications that state a VMC limitation 
are identified, other than STC SA1762SO, within the compliance time 
specified in paragraph (g) of this AD, inspect the VMC 
marking on the airspeed indicator(s) and airspeed limitations 
placard(s) to assure they are marked accurately to match the 
VMC specified in the AFM supplement associated with STC 
SA1762SO.
    (i) If the VMC marking on both the airspeed 
indicator(s) and the airspeed limitations placard(s) do match the 
VMC specified in the AFM supplement associated with STC 
SA1762SO, paragraph (g)(1)(iii) is the only other action required by 
this AD.
    (ii) If either the VMC marking on the airspeed 
indicator(s) or the airspeed limitations placard(s) do not match the 
VMC specified in the AFM supplement associated with STC 
SA1762SO, before further flight after the inspection required in 
paragraph (g)(1) of this AD, install a temporary placard(s) for the 
airspeed indicator(s) and/or install a temporary placard(s) over the 
VMC marked on the airspeed limitations placard(s), as 
applicable.
    (A) The VMC as specified on both the airspeed 
indicator(s) or temporary placard(s) and the airspeed limitations 
placard(s) must match the VMC specified in the AFM 
supplement associated with STC SA1762SO, following the instructions 
in paragraph (h) of this AD.
    (B) Before further flight after the inspection required in 
paragraph (g)(1) of this AD, you may have the airspeed indicator(s) 
permanently remarked and/or permanently remark the airspeed 
limitations placard(s) as required in paragraph (i), Remarking the 
Airspeed Indicator(s) and the Airspeed Limitations Placard(s), of 
this AD in lieu of installing the temporary placard(s) for the 
airspeed indicator(s) and/or installing the temporary placard(s) for 
the VMC on the airspeed limitations placard(s).
    (iii) If the AFM lists an intentional one-engine-inoperative 
speed (VSSE), you must use the formula below in paragraph 
(g)(1)(iii)(A) of this AD and establish a new VSSE, 
unless the existing VSSE is equal to or greater than the 
VSSE determined by the formula. If the AFM does not state 
a VSSE, skip forward to the actions required in paragraph 
(h) of this AD, Temporary Airspeed Indicator(s) and Temporary 
Airspeed Limitations Placard(s) Installation.
    (A) New VSSE = ((VSSE from the AFM)/
(VMC from the AFM)) x (VMC from the AFM 
supplement associated with STC SA1762SO).
    (B) If necessary, insert the following language for the new 
VSSE into the AFM in all areas that refer to 
VSSE: ``The revised VSSE is -------- in 
accordance with AD 2011-27-04.''
    (2) If modifications that state a VMC limitation are 
identified, in addition to STC SA1762SO, within the compliance time 
specified in paragraph (g) of this AD, inspect the VMC 
marking on the airspeed indicator(s) and the airspeed limitations 
placard(s) to assure they match and are marked accurately with the 
highest VMC specified in either the AFM or any placards 
and/or AFM supplements associated with any modifications that state 
a VMC limitation.
    (i) If the VMC marking on the airspeed indicator(s) 
and the airspeed limitations placard(s) match and are marked with 
the highest VMC specified in either the AFM or any 
placards and/or AFM supplements associated with any modifications 
that affect VMC, skip forward to the actions required in 
paragraph (g)(2)(iii) of this AD.
    (ii) If the VMC marking on the airspeed indicator(s) 
and the airspeed limitations placard(s) do not match and/or are not 
marked with the highest VMC specified in either the AFM 
or any placards and/or AFM supplements associated with any 
modifications that affect VMC, before further flight 
after the inspection required in paragraph (g)(2), install a 
temporary placard(s) for the airspeed indicator(s) and/or install a 
temporary placard(s) over the VMC marked on the airspeed 
limitations placard(s), as applicable.
    (A) The VMC on both the airspeed indicator(s) and the 
airspeed limitations placard(s) must match the highest 
VMC specified in either the AFM or any placards and/or 
AFM supplements associated with any modifications that affect 
VMC, following the instructions in paragraph (h) of this 
AD, Temporary Airspeed Indicator(s) and Temporary Airspeed 
Limitations Placard(s) Installation.
    (B) Before further flight after the inspection required in 
paragraph (g)(2), you may have the airspeed indicator(s) permanently 
remarked and/or permanently remark the airspeed limitations 
placard(s) as required in paragraph (i), Remarking the Airspeed 
Indicator(s) and the Airspeed Limitations Placard(s), of this AD in 
lieu of installing the temporary placard(s) for the airspeed 
indicator(s) and/or installing the temporary placard(s) for the 
VMC on the airspeed limitations placard(s).
    (iii) If the AFM or any of the AFM supplements that state a 
VMC limitation also list a VSSE, you must use 
the formula below in paragraph (g)(2)(iii)(A) of this AD and 
establish a new VSSE, unless the existing VSSE 
is equal to or greater than the VSSE determined by the 
formula. If the AFM or any of the AFM supplements do not list a 
VSSE, skip forward to the actions required in paragraph 
(h) of this AD, Temporary Airspeed Indicator(s) and Temporary 
Airspeed Limitations Placard(s) Installation.
    (A) New VSSE = ((VSSE from the AFM)/
(VMC from the AFM)) x (VMC as determined by 
paragraph (g)(2) of this AD).
    (B) If the VSSE listed in the AFM or any AFM 
supplements that state a VMC limitation is higher than 
the VSSE determined by paragraph (g)(2)(iii)(A) of this 
AD above, then the highest of all these values shall be the new 
VSSE.
    (C) If necessary, insert the following language for the new 
VSSE into the AFM in all areas that refer to 
VSSE, including AFM

[[Page 81793]]

supplements: ``The revised VSSE is -------- in accordance 
with AD 2011-27-04.''

(h) Temporary Airspeed Indicator(s) and Temporary Airspeed Limitations 
Placard(s) Installation

    (1) If required by the actions in paragraph (g)(1)(ii) or 
(g)(2)(ii) of this AD, fabricate a temporary placard(s) (using at 
least \1/8\-inch black letters on a white background) with the 
following words and install the placard(s) on the instrument panel 
in the nearest practical location to the airspeed indicator(s) 
within the pilot's clear view: ``VMC = -------- .'' 
Insert in the blank space the VMC as determined by the 
actions required in either paragraph (g)(1)(ii) or (g)(2)(ii) of 
this AD.
    (2) If the VMC on the existing airspeed limitations 
placard is different than determined in either paragraph (g)(1)(ii) 
or (g)(2)(ii) of this AD, fabricate a temporary placard(s) (using 
letter sizes similar to those on the existing airspeed limitations 
placard(s) with black letters on a white background) with the 
VMC as determined by the actions required in either 
paragraph (g)(1)(ii) or (g)(2)(ii) of this AD and install the 
placard(s) over the VMC listed on the existing airspeed 
limitations placard(s).

    Note 3:  You may use FAA Advisory Circular 43.13-2B for 
additional guidance on installing placards. You can find Advisory 
Circular 43.13-2B at https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf.

(i) Remarking the Airspeed Indicator(s) and the Airspeed Limitations 
Placard(s)

    (1) If during either of the inspections required in paragraphs 
(g)(1) or (g)(2) of this AD, the VMC marking on the 
airspeed indicator(s) was not marked accurately and required 
immediate temporary corrective action (placard), within the next 12 
months after December 29, 2011 (the effective date of this AD), 
permanently remark the airspeed indicator(s) with the correct 
VMC marking. This instrument modification must be done by 
an appropriately rated repair facility.
    (i) After the airspeed indicator(s) has been remarked, mark the 
airspeed indicator(s) instrument casing to clearly indicate that the 
markings comply with this AD stating ``Modified in compliance with 
AD 2011-27-04, refer to AD 2011-27-04 for replacement part 
criteria.''
    (ii) Any replacement airspeed indicator must also meet the 
VMC marking requirements in paragraphs (i)(1) and 
(i)(1)(i) of this AD.
    (iii) After the VMC has been remarked as required in 
this paragraph, you may remove the temporary placard(s) installed as 
required in paragraph (g)(1)(ii) and (g)(2)(ii) of this AD.
    (iv) Instead of installing the temporary placard(s) after either 
of the inspections when it is determined the VMC marking 
on the airspeed indicator(s) is not marked accurately, you may 
permanently remark the airspeed indicator(s) as required in 
paragraph (i), Remarking the Airspeed Indicator(s) and the Airspeed 
Limitations Placard(s), of this AD provided it is done before 
further flight.
    (2) If during either of the inspections required in paragraphs 
(g)(1) or (g)(2) of this AD, the VMC marking on the 
airspeed limitations placard(s) was not marked accurately and 
required immediate temporary corrective action (placard), within the 
next 12 months after December 29, 2011 (the effective date of this 
AD), permanently remark or remake the airspeed limitations 
placard(s) with the correct VMC marking.

(j) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Atlanta Aircraft Certification Office (ACO), 
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.
    (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.

(k) Related Information

    For more information about this AD, contact Eric B. Potter, 
Aerospace Engineer, Atlanta ACO, FAA, 1701 Columbia Avenue, College 
Park, Georgia 30337; phone: (404) 474-5583; fax: (404) 474-5606; 
email: eric.potter@faa.gov.

    Issued in Kansas City, Missouri, on December 21, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-33344 Filed 12-28-11; 8:45 am]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.