AD 96-12-16

This amendment adopts a new airworthiness directive (AD), applicable to certain Beech (Raytheon) Model BAe 125 series 800A and Model Hawker 800 airplanes, that requires modification of the airframe structure in the lower area of the fuselage aft of the wing rear spar. For certain airplanes, this amendment also requires a functional test to determine if a particular bolt fouls the flap control system. This amendment is prompted by reports of restricted control of the aileron due to water accumulation that froze in the area around an aileron pulley located in the lower area of the fuselage aft of the wing rear spar. The actions specified by this AD are intended to prevent such water accumulation, which could freeze and result in restricted control of the ailerons; subsequently, this could reduce the pilot's ability to initiate roll control during critical phases of flight.

Final rule.

96-12-16 BEECH AIRCRAFT CORPORATION. (Formerly deHavilland; Hawker Siddeley; British Aerospace, plc; Raytheon Corporate Jets, Inc.): Amendment 39-9659. Docket 95-NM- 122-AD.

Applicability: Model BAe 125 series 800A airplanes (including military variants C-29A and U-125); and Model Hawker 800 airplanes, excluding airplanes having constructor's numbers 258079 and 258213; certificated in any category.

NOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been otherwise modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (d) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on theunsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

NOTE 2: Beech (Raytheon) Model BAe 125 series 800B airplanes are similar in design to the airplanes that are subject to the requirements of this AD and, therefore, also may be subject to the unsafe condition addressed by this AD. However, as of the effective date of this AD, those models are not type certificated for operations in the United States. Airworthiness authorities of countries in which the Model BAe 125 series 800B airplanes are approved for operation should consider adopting corrective action, applicable to those models, that is similar to the corrective action required by this AD.

Compliance: Required as indicated, unless accomplished previously.

To prevent restricted control of the ailerons, which could reduce the pilot's ability to initiate roll control during critical phases of flight, accomplish the following:

(a) For all airplanes, except Model BAe 125 series 800A airplane having constructor's number 258186: Within 6 months after the effective date of this AD, modify (including functional test) the airframe structure in the lower area of the fuselage aft of the wing rear spar, in accordance with Hawker Service Bulletin SB.53-82-3566G, Revision 3, December 14, 1995.

(b) For airplanes identified in paragraph (a) of this AD on which Hawker Modification 253566G has been installed prior to the effective date of this AD, in accordance with Hawker Service Bulletin SB.53-82-3566G, dated March 1, 1995, Revision 1, dated March 14, 1995, or Revision 2, dated May 3, 1995: Within 30 days after the effective date of this AD, perform a functional test to determine if a bolt fouls the flap control system, in accordance with paragraph 2.A.(18) of the Accomplishment Instructions of Hawker Service Bulletin SB.53-82-3566G, Revision 3, dated December 14, 1995. If any foul is detected, prior to further flight, repair in accordance with a method approved by the Manager, Standardization Branch, ANM-113, Transport Airplane Directorate, FAA.

(c) For Model BAe 125 series 800A airplane having constructor's number 258186: Within 6 months after the effective date of this AD, modify the airframe structure in the lower area of the fuselage aft of the wing rear spar, in accordance with Hawker Service Bulletin SB.53-85-3566D, dated March 10, 1995, or Revision 1, dated May 23, 1995.

(d) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Standardization Branch, ANM-113. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Standardization Branch, ANM-113.

NOTE 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM-113.

(e) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.

(f) For certain airplanes, the modification and functional test shall be done in accordance with Hawker Service Bulletin SB.53-82-3566G Revision, 3, dated December 14, 1995. For certain other airplanes, the modification and functional test shall be done in accordance with Hawker Service Bulletin SB.53-85-3566D, dated March 10, 1995, or Hawker Service Bulletin SB.53-85-3566D, Revision 1, dated May 23, 1995. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Raytheon Aircraft Co., Manager Service Engineering, Hawker Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-0085. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

(g) This amendment becomes effective on July 15, 1996.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Beech (Raytheon) Model BAe 125 series 800A and Model Hawker 800 airplanes was published in the Federal Register on February 9, 1996 (61 FR 4943). That action proposed to require modification of the airframe structure in the lower area of the fuselage aft of the wing rear spar. For certain airplanes, that action also proposed to require a functional test to determine if a bolt fouls the flap control system.

No Comments Received
Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public.

Editorial Changes Made to the Final Rule
The FAA has revised the final rule to correctly designate the affected airplane models as "Beech (Raytheon) Model BAe 125 series 800A and Model Hawker 800 airplanes."

Additionally, a new "Note 2" has been added to the final rule to clarify that airworthiness authorities of countries in which Beech (Raytheon) Model BAe 125 series 800B airplanes are approved for operation should consider adopting corrective action that is similar to that required by this AD. Those airplane models are not certificated for operation in the United States, but are similar in design to the affected airplanes and, thus, may be subjected to the same unsafe condition addressed by this AD.

Conclusion
The FAA has determined that air safety and the public interest require the adoption of the rule with the changes previously described. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.

Cost Impact
The FAA estimates that 163 airplanes of U.S. registry will be affected by this AD, that it will take approximately 25 work hours per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Required parts be supplied by the manufacturer at no cost to the operators. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $244,500, or $1,500 per airplane.

The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted.

Regulatory Impact
The regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES."

List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness directive: