Discussion
On June 5, 2007, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Hawker Beechcraft Corporation Model 390 airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on June 12, 2007 (72 FR 32230). The NPRM proposed to require you to inspect the starter-generator to determine the S/N and suffix letter, which indicates if the part is improperly shimmed. The NPRM also proposed to require you to replace any improperly shimmed starter-generator with a properly shimmed starter-generator.
Comments
We provided the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and FAA's response to each comment:
Comment Issue No. 1: Change the Term "Defective'' in the AD
A representative of Hawker Beechcraft states that the term "defective,''as used in the NPRM, is not technically correct. The starter-generators affected by the AD are not defective. The problem causing the starter-generators to fail is improper shimming due to poorly written or missing assembly instructions. Not all units in the suspect range may be over-shimmed.
Hawker Beechcraft requests the term "defective'' be changed throughout the AD to describe the affected starter-generators more accurately.
We concur with the commenter. We will change the term "defective'' to "improperly shimmed'' throughout the final rule AD action based on this comment.
Comment Issue No. 2: Change the Term "New Design'' in the AD
A representative of Hawker Beechcraft states that the term "new design,'' as used in the NPRM, is not accurate. The basic design of the affected starter-generator did not change. The assembly instructions were changed to ensure that future starter-generators are properly shimmed.
Hawker Beechcraft requests the term "new design'' bechanged throughout the AD to describe the replacement part more accurately.
We concur with the commenter. We will change the term "new design'' to "properly shimmed'' throughout the final rule AD action based on this comment.
Conclusion
We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for the changes previously discussed and minor editorial corrections. We have determined that these minor corrections:
Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was already proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects 105 airplanes in the U.S. registry.
We estimate the following costs to do the inspection:
Labor Cost
Parts Cost
Total Cost Per Airplane
Total Cost on U.S. Operators
1 work-hour X $80 per hour = $80
Not applicable
$80
$8,400
We estimate the following costs to do any necessary replacements that will be required based on the results of the inspection. We have no way of determining the number of airplanes that may need this replacement:
Labor Cost
Parts Cost
Total Cost Per Generator
5 work-hours X $80 per hour = $400
$9,648 for new part
$6,593 for overhauled part
$10,048 for new part
$6,993 for overhauled part
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 regulationsfor 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 AD.
Regulatory Findings
We have determined that 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 the 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.
We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include "Docket No. FAA-2007-28068; Directorate Identifier 2007-CE-043-AD'' in your request.
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 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.
Sec. 39.13 [Amended]
2. FAA amends Sec. 39.13 by adding the following new AD: