[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8172]


[[Page Unknown]]

[Federal Register: April 6, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93-CE-37-AD]

 

Airworthiness Directives: Beech Aircraft Corporation 35 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; Reopening of the 
comment period.

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SUMMARY: This document proposes to provide additional time for the 
public to comment on a proposal to supersede two airworthiness 
directives that currently require the following on certain Beech 
Aircraft Corporation (Beech) 35 series airplanes: Checking the 
ruddervator static balance and adjusting as appropriate; fabricating 
and installing airspeed limitation placards; incorporating certain 
airspeed limitations into the airplane flight manual (AFM); and 
installing stabilizer reinforcements. Several comments received on the 
original notice of proposed rulemaking (NPRM) requested additional time 
to respond to the proposed action. This proposed action would 
incorporate and update the procedures and applicability of both AD's 
into one document. The actions specified by the proposed AD are 
intended to prevent structural failure of the V-tail, which could 
result in loss of control of the airplane.

DATES: Comments must be received on or before June 17, 1994.

ADDRESSES: Submit comments in triplicate to the FAA, Central Region, 
Office of the Assistant Chief Counsel, Attention: Rules Docket No. 93-
CE-37-AD, room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. 
Comments may be inspected at this location between 8 a.m. and 4 p.m., 
Monday through Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from the Beech Aircraft Corporation, P.O. Box 85, Wichita, Kansas 
67201-0085. This information also may be examined at the Rules Docket 
at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Engler, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4122; 
facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA- public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 93-CE-37-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 93-CE-37-AD, room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations to 
include an AD that would apply to certain Beech 35 series airplanes was 
published in the Federal Register on October 27, 1993 (58 FR 57760). 
The action proposed to supersede AD 57-18-01 and AD 87-20-02 R1 with a 
new AD that would require: (1) Checking the ruddervator static balance 
and adjusting as appropriate; (2) fabricating and installing airspeed 
limitation placards; (3) incorporating certain airspeed limitations 
into the airplane flight manual (AFM); and (4) installing stabilizer 
reinforcements. The proposed actions would be accomplished in 
accordance with the instructions to either Beech Kit No. 35-4016-3, 35-
4016-5, 35-4016-7, or 35-4016-9, as applicable and as specified in 
Beech Service Bulletin No. 2188, and the applicable maintenance 
manuals.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment.
    Several commenters request an extension of the comment period in 
order to have additional time to respond to the actions presented in 
the proposal. After careful consideration, the FAA has determined that 
the comment period for the proposal should be reopened to allow the 
public additional time to comment on the proposed actions.
    The FAA has altered the proposal to include additional information 
that was inadvertently left out or referenced incorrectly when 
preparing the original notice of proposed rulemaking (NPRM). Before 
final rule action is implemented, the FAA will evaluate all comments 
received in response to the original NPRM as well as this supplemental 
NPRM.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other Beech 35 series airplanes of the same type 
design, the proposed AD would supersede AD 57-18-01 and AD 87-20-02 R1 
with a new AD that would require: (1) Checking the ruddervator static 
balance and adjusting as appropriate; (2) fabricating and installing 
airspeed limitation placards; (3) incorporating certain airspeed 
limitations into the airplane flight manual (AFM); and (4) installing 
stabilizer reinforcements. The proposed actions would be accomplished 
in accordance with the instructions to either Beech Kit No. 35-4016-3, 
35-4016-5, 35-4016-7, or 35-4016-9, as applicable and as specified in 
Beech Service Bulletin No. 2188, and the applicable maintenance and 
shop manuals.
    The FAA estimates that approximately 10,200 airplanes in the U.S. 
registry would be affected by the proposed AD, that it would take 
approximately 40 workhours per airplane to accomplish the proposed 
action, and that the average labor rate is approximately $55 an hour. 
Parts cost approximately $500 per airplane. Based on these figures, the 
total cost impact of the proposed AD on U.S. operators is estimated to 
be $27,540,000. AD 57-18-01 and AD 87-20-02 R1, which both would be 
superseded by the proposed action, currently require the same actions 
as are proposed. This proposed action incorporates and updates the 
procedures of both the current AD's into one document. With this in 
mind, the proposed action would not provide any additional cost impact 
upon U.S. operators than that which is already required.
    The regulations proposed herein would 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 
proposal would 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) if promulgated, 
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 copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.

    2. Section 39.13 is amended by removing both AD 57-18-01, Amendment 
39-1759, and AD 87-20-02 R1, Amendment 39-5944, and by adding a new 
airworthiness directive to read as follows:

Beech Aircraft Corporation: Docket No. 93-CE-37-AD. Supersedes AD 
57-18-01, Amendment 39-1759, and AD 87-20-02 R1, Amendment 39-5944.

    Applicability: 1. Models 35, 35R, A35, B35, C35, D35, E35, F35, 
G35, H35, J35, K35, M35, N35, and P35 airplanes (all serial 
numbers), certificated in any category;
    2. Models S35, V35, V35A, and V35B airplanes (all serial 
numbers), certificated in any category, that do not have the 
straight tail conversion modification incorporated in accordance 
with Supplemental Type Certificate (STC) SA2149CE; and
    3. Model Super V airplanes (all serial numbers), certificated in 
any category.
    Compliance: Required initially within the next 100 hours time-
in-service (TIS) after the effective date of this AD, unless already 
accomplished, and thereafter as indicated in the body of this AD.
    To prevent structural failure of the V-tail, which could result 
in loss of control of the airplane, accomplish the following:

    Note 1: Any of the actions specified by this AD may have already 
been accomplished in accordance with either AD 57-18-01 and AD 87-
20-02 R1, which are superseded by this AD. The intent of this AD is 
to clarify, update, and incorporate the actions of those AD's into 
one AD while maintaining the repetitive inspections schedules 
already established by the superseded AD's.
    Note 2: The paragraph structure of this AD is as follows:

    Level 1: (a), (b), (c), etc.
    Level 2: (1), (2), (3), etc.
    Level 3: (i), (ii), (iii), etc.
    Level 2 and Level 3 structures are designations of the Level 1 
paragraph they immediately follow.
    (a) For all airplane models, balance the elevator/rudder 
(ruddervator) control surfaces in accordance with Section 3 of Beech 
Shop Manual 35-590096B; and verify that the ruddervators are within 
the manufacturers specified limits as specified in the applicable 
shop or maintenance manual.
    (1) If any ruddervator is found outside of the specified limits, 
prior to further flight, obtain manufacturer's modification 
instructions by contacting the Wichita Aircraft Certification Office 
(ACO) at the address specified in paragraph (k) of this AD, and 
modify the ruddervator in accordance with these instructions.
    (2) Repeat these requirements any time the ruddervator is 
repaired or painted.
    (b) For all airplane models, visually inspect the fuselage 
bulkheads at Fuselage Station (FS) 256.9 and FS 272 for damage 
(cracks, distortion, loose rivets, etc.). Visually inspect the 
fuselage skin around the bulkhead for damage (wrinkles or cracks). 
Prior to further flight, repair or replace any damaged parts. Repeat 
this inspection at each 100-hour TIS interval thereafter.
    (c) For all Model Super V airplanes, check the static balance of 
the ruddervator in accordance with Beech Shop Manual 35-590096A, 
Section 3, pages 12A, 12B, and 13. Repeat this check anytime the 
ruddervator is removed or repainted. Prior to further flight, make 
applicable corrections if any of the following is not achieved:
    (1) With the root weight removed and a tip weight attached, 
static balance of 19.80 (plus or minus 1.00) inch-pounds tail heavy; 
and
    (2) With the root weight added to the condition specified in 
paragraph (c)(1) of this AD, static balance of 7.00 (plus or minus 
1.00) inch-pounds tail heavy.
    (d) For Models 35, 35R, A35, B35, C35, D35, E35, F35, and G35 
airplanes, accomplish the following:
    (1) Fabricate a placard (utilizing letters of at least .10-inch 
minimum height) with the words ``Never exceed speed, Vne, 144 MPH 
(125 knots) IAS; Maximum structural cruising speed, Vno, 135 MPH 
(117 knots) IAS; Maneuvering speed, VA, 127 MPH (110 knots) IAS.'' 
Install this placard on the airplane instrument panel next to the 
airspeed indicator within the pilot's clear view.
    (2) Mark the outside surface of the airspeed indicator with 
lines of approximately \1/16\-inch by \3/16\-inch as follows:
    (i) Red line at 144 MPH (125 knots);
    (ii) Yellow line at 135 MPH (117 knots); and
    (iii) A white slippage mark between the airspeed indicator glass 
and case to visually verify glass has not rotated.
    (3) Place a copy of this AD in the Pilot's Operating Handbook 
(POH) and FAA-approved Airplane Flight Manual (AFM).
    (e) For Models H35, J35, K35, M35, N35, P35, S35, V35, V35A, and 
V35B, accomplish the following:
    (1) Fabricate a placard (utilizing letters of at least .10-inch 
minimum height) with the words ``Never exceed speed, Vne, 197 MPH 
(171 knots) IAS; Maximum structural cruising speed, Vno, 177 MPH 
(154 knots) IAS; Maneuvering speed, VA, 132 MPH (115 knots) IAS.'' 
Install this placard on the airplane instrument panel next to the 
airspeed indicator within the pilot's clear view.
    (2) Mark the outside surface of the airspeed indicator with 
lines of approximately \1/16\-inch by \3/16\-inch as follows:
    (i) Red line at 197 MPH (171 knots);
    (ii) Yellow line at 177 MPH (154 knots); and
    (iii) A white slippage mark between the airspeed indicator glass 
and case to visually verify glass has not rotated.
    (3) Place a copy of this AD in the Pilot's Operating Handbook 
(POH) and FAA-approved Airplane Flight Manual (AFM).
    (f) For all applicable model airplanes, fabricate a placard 
(utilizing letters of at least .10-inch minimum height) with the 
words ``Normal Category Operation Only'' and install this placard on 
the instrument panel within the pilot's clear view over the existing 
``Utility Category'' placard.
    (g) For Models C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, 
S35, V35, V35A, and V35B airplanes, accomplish the following:
    (1) Visually inspect the empennage, aft fuselage, and 
ruddervator control system for damage in accordance with the 
applicable Beech kits specified in Beech Service Bulletin (SB) No. 
2188. Prior to further flight, accomplish the following in 
accordance with these instructions:
    (i) Replace or repair any damaged parts; and
    (ii) Set the elevator controls, rudder and tab system controls, 
cable tensions, and rigging.
    (2) Remove all external stabilizer reinforcements installed 
during incorporation of either Supplemental Type Certificate (STC) 
SA845GL, STC SA846GL, STC SA1650CE, STC SA2286NM, or STC SA2287NM. 
Seal or fill any residual holes with appropriate size rivets.
    (i) The internal stub spar incorporated through SA1649CE and 
SA1650CE may be retained.
    (ii) The external angles incorporated through STC SA1649CE may 
also be retained by properly trimming the leading edge section to 
permit installing the stabilizer reinforcement referenced in 
paragraph (g)(3) of this AD.
    (3) Install stabilizer reinforcements in accordance with the 
instructions to either Beech Kit No. 35-4016-3, 35-4016-5, 35-4016-
7, or 39-4016-9, as applicable and specified in Beech SB No. 2188. 
Set the elevator nose down trim in accordance with the instructions 
to either Beech Kit No. 35-4016-3, 35-4016-5, 35-4016-7, or 35-4016-
9, as applicable and specified in Beech SB No. 2188, and replace 
ruddervator tab control cables with larger diameter cables in 
accordance with the service information.
    (h) Ensure correct accuracy of the airplane basic empty weight 
and balance information by accomplishing one of the three methods 
presented in Figures 1, 2a through 2c, and 3 of this AD. Prior to 
further flight, correct any discrepancies in accordance with the 
applicable maintenance manual.

Figure 1--Weight and Balance Information Accuracy Method No. 1

    A. Review existing weight and balance documentation to assure 
completeness and accuracy of the documentation from the most recent 
FAA-approved weighing or from factory delivery to date of compliance 
with this AD.
    B. Compare the actual configuration of the airplane to the 
configuration described in the weight and balance documentation; and
    C. If equipment additions or deletions are not reflected in the 
documentation or if modifications affecting the location of the 
center of gravity (e.g., paint or structural repairs) are not 
documented, determine the accuracy of the airplane weight and 
balance data in accordance with Method No. 2.

Figure 2--Weight and Balance Information Accuracy Method No. 2

    A. Assemble the following equipment:
    1. One certified platform scale having a range of 750 to 1,000 
pounds that is capable of supporting the nose wheel without 
contacting the rest of the airplane;
    2. One scale ramp of sufficient incline to allow rolling the 
wheel onto the scale; and
    3. One gear strut inflation system capable of inflating the gear 
struts to full extension.
    B. Procedure
    1. Prepare the airplane for weighing in accordance with the 
Weighing Instructions in the Weight and Balance Section of the 
Pilot's Operating Handbook/Airplane Flight Manual (POH/AFM).
    2. Ensure that the scale and airplane are on a level hangar 
floor and the airplane is shielded from any wind.
    3. Inflate the main landing gear struts to the maximum extension 
and completely deflate the nose strut. Inflate the tires to correct 
tire pressure as listed in the applicable maintenance or shop 
manual.

    Note: Extreme caution should be used when deflating the nose 
strut because the airplane could drop suddenly.

    4. Adjust the height of the scale platform to 12 inches above 
the hangar floor.
    5. Position the nose wheel onto the scale and ensure that the 
remainder of the airplane does not contact the scale. Verify the 
proper wheel weight. Set the parking brake and chock the main 
wheels.
    6. Record the net weight registered on the scale.
    7. Remove the nose wheel from the scale.
    8. Adjust the gear struts to the proper extension lengths in 
accordance with the applicable maintenance or shop manual.
    9. Subtract the following unusable (less undrainable) fuel from 
the current airplane Basic Empty Weight, CG, and Moment:

------------------------------------------------------------------------
                                                Weight                  
                  Category                      (lbs)   Arm (in-  Moment
                                                (in.)    lbs)           
------------------------------------------------------------------------
All Airplanes................................     34.5     79.1    2,730
Airplanes with 10-gallons wing auxiliary                                
 tanks.......................................        5       94      470
Airplanes with 20-gallon auxiliary fuselage                             
 tanks.......................................        3      133     399 
------------------------------------------------------------------------

    10. Multiply the net weight obtained in paragraph 6. by 83.25 to 
obtain moment.
    11. Divide the weight obtained in paragraph 9. into the moment 
obtained in paragraph 10. to determine a value for X.
    12. Calculate a value of CG from: CG=92.5-1.01X.
    13. Subtract the CG obtained in paragraph 12. from the CG 
obtained in paragraph 9.
    D. Results
    1. If the results of paragraph C. 13., indicate that the 
difference in CG is equal to or less than .5 inches, then continue 
to use the basic empty airplane weight and CG data listed in the 
existing airplane records as the basis for computing the weight and 
CG for the loaded airplane while using the criteria specified in the 
POH/AFM, Weight and Balance Section.
    2. If the results of paragraph C. 13, indicate that the 
difference in CG is more than .5 inches, then determine the basic 
weight and CG of the airplane using Method No. 3.
    Example of Above--The following presents a sample calculation of 
the information specified in Method 2:

Basic Empty Weight=2,064.5 lbs.
Arm=78.3 in.
Moment=161,650 in.-lbs.
Paragraph C. 6: Nose Wheel Weight--341 lbs
Paragraph C. 9: 

------------------------------------------------------------------------
  Weight                                                                
  (lbs)               Arm (in)                    Moment (in-lbs)       
------------------------------------------------------------------------
2064.5                     78.3                        161,650          
-34.5                      79.1                         -2,730          
------------------------------------------------------------------------
2030.0                      (*)                        158,920          
------------------------------------------------------------------------

*Arm=(18920)=78.29 (2030.)
Paragraph C.10.: Moment=(341 lbs) x (83.25 in)=28,388 in-lbs.
Paragraph C.11.:  x =(23,388 in-lbs)=13.98 in. (2030.0 lbs)
Paragraph C.12.: CG=92.50 in.-(1.01) x (13.98)=78.38 in.
Paragraph C.13.: Difference=(78.29)-(78.38)=-.09 in.

    Airplane is within plus/minus 0.5 tolerance, therefore paragraph 
D.1., applies.

Figure 3--Weight and Balance Information Accuracy Method No. 3

    Determine the basic empty weight and CG of the empty airplane 
using the Weighing Instructions in the Weight and Balance Section of 
the POH/AFM. Record the results in the airplane records, and use 
these new values as the basis for computing the weight and CG 
information as specified in the POH/AFM, Weight and Balances 
Section.
    (i) Upon completion of the requirements of paragraph (h) of this 
AD, remove the placards required by paragraphs (d), (e), and (f) of 
this AD (including all sub-paragraphs), as applicable, and observe 
the original limits.
    (j) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (k) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Wichita ACO, FAA, 1801 Airport Road, Room 
100, Wichita, Kansas 67209. The request should be forwarded through 
an appropriate FAA Maintenance Inspector, who may add comments and 
send it to the Manager, Wichita ACO.

    Note: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (l) Service information that applies to this AD may be obtained 
from the Beech Aircraft Corporation, P.O. Box 85, Wichita, Kansas 
67201-0085. This information may also be inspected at the FAA, 
Central Region, Office of the Assistant Chief Counsel, Room 1558, 
601 E. 12th Street, Kansas City, Missouri.
    (m) This amendment supersedes AD 57-18-01, Amendment 39-1759, 
and AD 87-20-02 R1, Amendment 39-5944.

    Issued in Kansas City, Missouri, on March 31, 1994.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-8172 Filed 4-5-94; 8:45 am]
BILLING CODE 4910-13-U