[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23552]


[[Page Unknown]]

[Federal Register: September 30, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93-CE-37-AD; Amendment 39-9032; AD 94-20-04]

 

Airworthiness Directives; Beech Aircraft Corporation 35 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 57-18-
01 and AD 87-20-02 R1, which currently require several ruddervator 
checks and modifications on certain Beech Aircraft Corporation (Beech) 
35 series airplanes. This action maintains the requirements of each of 
the superseded AD's and requires rebalancing the ruddervators (off the 
airplane) anytime the ruddervator is repaired or repainted (even if 
stripes are added). The required action imposes no new speed 
restrictions. Several incidents where empennage flutter occurred on the 
affected airplanes prompted this action. The actions specified by this 
AD are intended to prevent structural failure of the V-tail, which 
could result in loss of control of the airplane.

DATES: Effective November 28, 1994.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 28, 1994.

ADDRESSES: 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 examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Assistant 
Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 
64106; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

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: Several incidents involving certain Beech 35 
series airplanes where empennage flutter occurred prompted the FAA to 
re-evaluate current airworthiness directives that relate to the same 
subject, and apply to the same airplane models. These AD's are:
     AD 57-18-01, Amendment 39-1759, which currently requires 
repetitively inspecting the fuselage bulkhead for cracks, buckles, or 
distortion on certain Beech 35 series airplanes, and also requires 
checking the ruddervator to ensure that the static balance is within 
acceptable limits. The inspections and checks are accomplished 
utilizing information in Beech Service Bulletin (SB) No. 35-26, dated 
May 20, 1953. The Bonanza Maintenance Manual 35-590073 also specifies 
information for the ruddervator checks; and
     AD 87-20-02 R1, Amendment 39-5944, which currently 
requires the following on certain Beech 35 series airplanes: (1) 
installing external stabilizer reinforcements; (2) inspecting the rear 
fuselage and bulkheads in the area of the empennage for cracks or 
distortion for those models equipped with an increased stabilizer chord 
length/overhang, and repairing or replacing any cracked or distorted 
parts; and (3) checking the ruddervator static balance to ensure that 
the static balance is within acceptable limits, and correcting if 
necessary.
    After examining all available information related to the incidents 
above, the FAA published a proposal in the Federal Register on October 
27, 1993 (58 FR 57760) to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that would apply to 
certain Beech 35 series airplanes . The document proposed to supersede 
AD 57-18-01 and AD 87-20-02 R1 with a new AD that would maintain the 
requirements of each of the current AD's, and would require rebalancing 
the ruddervators (off the airplane) anytime the ruddervator is repaired 
or repainted (even if stripes are added). The document does not propose 
any new speed restrictions.
    Interested persons were afforded an opportunity to participate in 
the making of this amendment. Several comments were received on the 
proposed rule. These comments reference inadvertent mistakes made by 
the FAA in drafting the proposed rule and request additional time to 
comment on the proposed rule.
    In order to allow the public additional time to comment on the 
proposed rule, the FAA reissued this document as a supplemental NPRM 
that corrected the inadvertent mistakes, and published it in the 
Federal Register on April 6, 1994 (59 FR 16151).
    Due consideration has been given to the two comments received on 
the supplemental NPRM.
    The Beech Aircraft Corporation states that reference to Beech Kit 
No. 35-4016-9 is referenced incorrectly as Beech Kit No. 39-4016-9 in 
paragraph (g)(3) of the proposed AD. The FAA concurs and has changed 
the AD accordingly.
    The other commenter recommends deleting Figure 2 (Method No. 2) 
because of the expense and effort required to accomplish the tasks 
presented. The FAA concurs that Method No. 2 is expensive to accomplish 
and that the complete weighing procedure is accomplished more 
accurately using the other two methods. Method No. 2 of the AD has been 
deleted, thus changing the proposed Method No. 3 to Method No. 2.
    After careful review, including the comments noted above, the FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed in the supplemental NPRM except for 
changes referenced above and minor editorial corrections. The FAA has 
determined that these minor changes and corrections will not change the 
meaning of the AD nor add any additional burden upon the public than 
was already proposed.
    The FAA estimates that 10,200 airplanes in the U.S. registry will 
be affected by this AD, that it will take approximately 40 workhours 
per airplane to accomplish the required 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 AD 
on U.S. operators is estimated to be $27,540,000. This figure is based 
on the assumption that no affected owner/operator has accomplished the 
required action, and does not reflect repetitive inspections. The FAA 
has no way of determining how many repetitive inspections a particular 
owner/operator may incur.
    In addition, AD 57-18-01 and AD 87-20-02 R1, which both are 
superseded by this action, require the same actions as specified by 
this AD. With the idea that all affected owners/operators are in 
compliance with the superseded AD's referenced above, this AD does not 
impose any initial cost impact over what is already required by AD 57-
18-01 and AD 87-20-02 R1.
    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 copy of the final evaluation prepared for this 
action is contained 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, 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    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:

94-20-04  Beech Aircraft Corporation: Amendment 39-9032; 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 4: (A), (B), (C), etc.

Level 2, Level 3, and Level 4 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 (even if stripes are added).
    (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.) in accordance with the 
procedures in the instructions to Beech Kit 35-4017-1 ``Kit 
Information Empennage & Aft Fuselage Inspection'', as specified in 
Beech SB 2188, dated May 1987. 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) The following placard, airspeed indicator markings, and POH/
AFM requirements are retained from AD 87-20-02 R1, and are no longer 
mandatory when paragraphs (e) and (f) of this AD, as applicable, are 
accomplished:
    (1) For Models 35, 35R, A35, B35, C35, D35, E35, F35, and G35 
airplanes:
    (i) 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.
    (ii) Mark the outside surface of the airspeed indicator with 
lines of approximately 1/16-inch by 3/16-inch as follows:
    (A) Red line at 144 MPH (125 knots);
    (B) Yellow line at 135 MPH (117 knots); and
    (C) A white slippage mark between the airspeed indicator glass 
and case to visually verify glass has not rotated.
    (iii) Place a copy of this AD in the Pilot's Operating Handbook 
(POH) and FAA-approved Airplane Flight Manual (AFM).
    (2) For Models H35, J35, K35, M35, N35, P35, S35, V35, V35A, and 
V35B:
    (i) 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.
    (ii) Mark the outside surface of the airspeed indicator with 
lines of approximately 1/16-inch by 3/16-inch as follows:
    (A) Red line at 197 MPH (171 knots);
    (B) Yellow line at 177 MPH (154 knots); and
    (C) A white slippage mark between the airspeed indicator glass 
and case to visually verify glass has not rotated.
    (iii) Place a copy of this AD in the Pilot's Operating Handbook 
(POH) and FAA-approved Airplane Flight Manual (AFM).
    (3) 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.
    (e) 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 
instructions to Beech Kit 35-4017-1 ``Kit Information Empennage & 
Aft Fuselage Inspection'', as specified in Beech SB No. 2188, dated 
May 1987. 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 35-4016-9, as applicable and specified in Beech SB No. 2188, 
dated May 1987. 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.
    (f) Ensure correct accuracy of the airplane basic empty weight 
and balance information by accomplishing either (1) or (2) below. 
Prior to further flight, correct any discrepancies in accordance 
with the applicable maintenance manual.
    (1) Weight and Balance Information Accuracy Method No. 1:
    (i) 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.
    (ii) Compare the actual configuration of the airplane to the 
configuration described in the weight and balance documentation; and
    (iii) 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; or
    (2) Weight and Balance Information Accuracy Method No. 2: 
Determine the basic empty weight and center of gravity (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.
    (g) Upon completion of the requirements of paragraphs (e) and 
(f) of this AD, remove the placards required by paragraph (d) of 
this AD (including all sub-paragraphs), as applicable, and observe 
the original limits.
    (h) 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.
    (i) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (l) The inspections and installation required by this AD shall 
be done in accordance with the instructions to Beech Kit No. 35-
4016-3, 35-4016-5, 35-4016-7, or 35-4016-9, and the instructions to 
Beech Kit 35-4017-1 ``Kit Information Empennage & Aft Fuselage 
Inspection'', as applicable and specified in Beech Service Bulletin 
No. 2188, dated May 1987. 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 Beech 
Aircraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085. 
Copies may be inspected at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street Kansas City, 
Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (m) This amendment (39-9032) supersedes AD 57-18-01, Amendment 
39-1759, and AD 87-20-02 R1, Amendment 39-5944.
    (f) This amendment (39-9032) becomes effective on November 28, 
1994.

    Issued in Kansas City, Missouri, on September 16, 1994.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-23552 Filed 9-29-94; 8:45 am]
BILLING CODE 4910-13-U