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 1000A, and Model Hawker 800 and 1000 airplanes was published in the Federal Register on September 15, 1995 (60 FR 47903). That action proposed to require an inspection to determine if the diode soldered connections are clean and functionally sound. That action also proposed to require remake of the soldered connection or replacement of the diode with a new diode, if necessary.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
Requests to Revise the Applicability of the AD
Two commenters request that the applicability of the proposed rule be revised to include all the airplane serial numbers listed in Hawker Service Bulletin SB 24-317, andthat the letter "A" (i.e., U.S.-type certificated) designation for Model BAe 125 series 800 and 1000 airplanes be deleted. One of these commenters states that the effectivity listing contained in Hawker Service Bulletin SB 24-317 (which was referenced in the proposal as the appropriate source of service information) does not specify either the model suffix "A" or the model suffix "B" (i.e., CAA type certificated) for any of the affected airplanes. Therefore, the commenter points out that the effectivity listing of the service bulletin covers the worldwide fleet, not just U.S.-registered airplanes.
The other commenter, the Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, also asserts that the applicability of the proposal is incorrect since it does not cover the worldwide fleet. This commenter adds that, as of August 1, 1995, the type certificate (TC) responsibilities for Model BAe 125 series 800 and 1000, and Model Hawker 800 and 1000airplanes have been transferred from the CAA to the FAA. This commenter adds that it is important to note that, since this transfer, AD's issued by the FAA must cover all of these airplane models, as appropriate, and not just those on the U.S. Register.
This commenter also notes that the proposed applicability would result in confusion among operators and will not fulfill the obligation of the FAA with the International Civil Aviation Organization (ICAO). This commenter asserts that the current Type Certificate Data Sheet (TCDS), A3EU (Revision 24, dated August 1, 1995), indicates that the FAA accepted the responsibility for the promulgation of all airworthiness information relevant to the subject airplanes in accordance with ICAO Annex 8. The commenter contends that, since the FAA is now responsible for the continued airworthiness of all airplanes listed in TCDS A3EU (which includes Model BAe 125 series 800A, 800B, 1000A, and 1000B, and Model Hawker 800 and 1000 airplanes), the applicability of the proposal should include all of the Model BAe 125 series 800 and 1000 airplanes, not just those airplanes having a letter designation of "A."
The FAA does not agree with the commenters' specific request to revise the applicability of the final rule, but recognizes that some clarification is necessary. The airplane models that are the subject of this AD were originally designed and manufactured in the United Kingdom. The CAA issued Type and Airworthiness Certificates for these affected airplanes. Therefore, under ICAO Annex 8, the United Kingdom was the State of Design and had the responsibility for providing other states with continuing airworthiness information regarding these models.
However, as of August 1, 1995, the responsibility of design, continued airworthiness, design data, and manufacturing (i.e., TC responsibilities) for all Model DH/HS/BH/BAe 125 and Model Hawker 800 and 1000 airplanes, has been transferred from Raytheon Corporate Jets, Inc., Hatfield, United Kingdom, to Beech Aircraft Corporation (Raytheon), Wichita, Kansas, U.S.A. As a result of this transfer, Revision 24 of TCDS A3EU was issued, as discussed by one of the commenters.
The FAA has reexamined TCDS A3EU and finds that the text of the TCDS correctly reflects U.S. type-certificated airplanes (i.e., models having the letter designation "A"); however, the letter designation "A" was erroneously left off certain U.S. type-certificated models in the applicability block of the TCDS. Therefore, operators could misinterpret the applicability block to mean that all Model BAe 125 series 800 and 1000, including those models with letter designation "B" (i.e., non- U.S. type-certificated airplanes), are type certificated for operation in the U.S. In light of this, the FAA is considering revising TCDS A3EU to add the letter designation "A" for U.S. type-certificated airplanes in order to clarify that only those models are type certificated for operation in theU.S.
The FAA only has responsibilities under ICAO Annex 8, such as the promulgation of all airworthiness information, with respect to models that have been type certificated in the U.S.; the FAA cannot assume such responsibilities for airplane models that have not been type certificated in the U.S. Nevertheless, the FAA recognizes that Model BAe 125 series 800B and BAe 125 series 1000B 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. Therefore, the FAA has included a new NOTE in the final rule that will advise the airworthiness authorities of countries in which the Model BAe 125 series 800B and BAe 125 series 1000B airplanes are approved for operation that those countries should consider adopting corrective action, applicable to those models, that is similar to the corrective action required by this AD.
Additionally, the FAA has reviewed Hawker Service Bulletin SB 24-317 and acknowledges that its effectivity listing does not specify a suffix of "A" or "B" for the affected airplanes. However, the FAA finds that, under parts 39 ("Airworthiness Directives") and 91 ("General Operating and Flight Rules") of the Federal Aviation Regulations (14 CFR parts 39 and 91), it is the responsibility of the owner/operator to review the applicability of the AD to determine if its airplane is affected. The FAA points out that the applicability of an AD only includes affected airplane models that are currently U.S. type certificated, even though the effectivity listing of the service bulletin may include airplane models that are not U.S. type certificated. Therefore, the FAA points out that only U.S.-registered airplanes are required to comply with the requirements of this AD.
Request to Revise Name and Address of Type Certificate Holder
One commenter requests that the name "Raytheon Corporate Jets" be revised throughout the proposed rule to the current type certificate holder, "Beech Aircraft Corporation." The commenter also requests that the address for obtaining service information be revised to "Raytheon Aircraft Company, Manager Service Engineering, Hawker Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-0085."
The FAA concurs and, accordingly, has revised the name of the type certificate holder and the address for service information throughout this final rule.
Correction of Designation of Affected Airplanes
The FAA has revised the final rule to correctly designate the affected airplane models as "Beech (Raytheon) Model BAe 125 series 800A and 1000A, and Model Hawker 800 and 1000 airplanes."
Conclusion
After careful review of the available data, including the comments noted above, 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 increasethe economic burden on any operator nor increase the scope of the AD.
Cost Impact
The FAA estimates that 19 airplanes of U.S. registry will be affected by this AD, that it will take approximately 1 work hour per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $1,140, or $60 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 Order12612, 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: