[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Rules and Regulations]
[Pages 9621-9623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4133]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-CE-12-AD; Amendment 39-9155; AD 95-04-03]


Airworthiness Directives; Beech Aircraft Corporation 33, 35, and 
36 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 92-08-
07, which currently requires inspecting (one-time) the wing front spar 
carry-through frame structure for cracks on certain Beech 33, 35, and 
36 series airplanes, and repairing or reinforcing any cracked wing 
front spar carry-through frame structure. This action would make this 
one-time inspection repetitive. This action was prompted by numerous 
(43) reports received by the Federal Aviation Administration (FAA) of 
cracks found on the wing front spar carry-through frame structure of 
the affected airplanes. These cracks were found during the inspection 
required by AD 92-08-07. The actions specified by the proposed AD are 
intended to prevent spar carry-through frame structure failure caused 
by cracking, which, if not detected and corrected, could result in 
severe structural damage to the wing.

DATES: Effective April 7, 1995.
    The incorporation by reference of certain publications listed in 
the regulations was previously approved by the Director of the Federal 
Register as of March 18, 1992.

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 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that would apply 
to certain Beech 33, 35, and 36 series airplanes was published in the 
Federal Register on November 2, 1994 (59 FR 54847). The action proposed 
to supersede AD 92-08-07 with a new AD that would require repetitively 
inspecting the wing front spar carry-through frame structure for 
cracks, and repairing or reinforcing any cracked wing carry-through 
frame structure. The proposed action would be accomplished in 
accordance with Beech Service Bulletin No. 2360, dated November 1990. 
The only difference between the proposal and AD 92-08-07 is that the 
initial inspection required by the existing AD would become repetitive.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received from four different commenters.
    One commenter points out that the actual AD portion of the proposal 
specifies no directions for what to do if there are no cracks found, 
whereas the preamble specifies repetitive inspections, and the AD 
portion specifies these repetitive inspections after cracks are 
repaired. The commenter feels that this may have been an oversight on 
the FAA's part. The FAA concurs. The intent of the proposal was to make 
the inspection repetitive regardless of whether cracks are found. A 
paragraph has been added to the AD to ensure that the inspection is 
repetitive if no cracks are found.
    This commenter also states that those owners/operators that have 
already inspected the airplane as required by AD 92-08-07 (superseded 
by this action) should not have to inspect again until the next annual 
inspection. The FAA concurs that a grace period should be given for 
those airplane owners/operators that have already inspected as required 
by AD 92-08-07. In addition, AD 92-08-07 superseded AD 91-14-13, which 
required repetitive inspections. The Compliance section of the AD has 
been revised to give credit to those airplane operators that have 
already inspected the wing front spar carry-through frame structure as 
required by one of the above-referenced AD's.
    Two commenters state that AD action requiring a repetitive 
inspection of the wing front spar carry-through frame structure is 
unjustified because there are only reports of cracks in this structure 
on 43 out of over 10,000 affected airplanes. The FAA does not concur 
that AD action is unjustified. AD's are not issued based on the 
percentage of the airplanes that have reported problems, but are issued 
when an unsafe condition exists in a product, and when that condition 
is likely to exist or develop in other products of the same type 
design. The FAA reviewed all information relating to the wing front 
spar carry-through frame structure crack reports on the affected 
airplanes and determined that AD action was justified and the proposed 
actions, when accomplished correctly, would eliminate the unsafe 
condition and prevent it from re-occurring. The AD is unchanged as a 
result of these comments.
    Three of the four commenters state that inspecting the wing front 
spar carry-through frame structure is part of the affected airplanes' 
annual inspection program, and thus no AD action is 
[[Page 9622]] justified. The FAA concurs that a visual inspection of 
this structure is part of the annual inspection program. However, the 
airplanes referenced in the 43 cracked wing front spar carry-through 
frame structure reports utilize this annual inspection program. The FAA 
examined the information regarding these crack reports in determining 
that a dye penetrant inspection should be accomplished through AD 
action, as well as the visual inspection already required during the 
annual inspection. The proposal is unchanged as a result of these 
comments.
    One commenter feels that the FAA has underestimated the financial 
impact the proposal would have upon U.S. operators of the affected 
airplanes. The commenter states that each inspection would cost each 
operator around $300-$400 per inspection. The FAA does not concur that 
it underestimated the cost impact. The FAA estimates that it will take 
approximately 8 workhours per airplane to accomplish the inspection, 
and that the average labor rate is $60 an hour. Based upon these 
figures, the inspection will cost $480 per airplane. Also, the FAA 
acknowledges the repetitive inspection cost, but has no way of 
determining the number of repetitive inspections an owner/operator may 
incur. The AD is unchanged as a result of this comment.
    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 except for the addition of the 
paragraph specifying when to accomplish the repetitive inspection if no 
cracks were found, the revision to the Compliance section of the AD, 
and minor editorial corrections. The FAA has determined that the 
addition, revision, and minor corrections will not change the meaning 
of the AD or add any additional burden upon the public than was already 
proposed.
    The FAA estimates that 11,000 airplanes in the U.S. registry will 
be affected by this AD, that it will take approximately 8 workhours per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $60 an hour. Based on these figures, the total 
cost impact of the AD on U.S. operators is estimated to be $5,280,000. 
This figure does not take into account the cost of repetitive 
inspections. The only difference between the cost analysis for this 
action and AD 92-08-07 (which would be superseded by this required 
action) is the cost of these repetitive inspections. The FAA has no way 
of determining the number of repetitive inspections an owner/operator 
may incur.
    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 AD 92-08-07, Amendment 39-
8218 (57 FR 13004, April 15, 1992), and by adding a new airworthiness 
directive to read as follows:

95-04-03  Beech Aircraft Corporation: Amendment 39-9155; Docket No. 
94-CE-12-AD. Supersedes AD 92-08-07, Amendment 39-8218.

    Applicability: The following model and serial number airplanes, 
certificated in any category:

------------------------------------------------------------------------
                      Models                           Serial numbers   
------------------------------------------------------------------------
35-33, 35-A33, 35-B33, 35-C33, E33, F33, and G33..  CD-1 through CD-    
                                                     1304.              
35-C33A, E33A, and F33A...........................  CE-1 through CE-    
                                                     1192.              
E33C and F33C.....................................  CJ-1 through CJ-179.
H35, J35, K35, M35 N35, P35, S35, V35, V35A, and    D-4866 through D-   
 V35B.                                               10403.             
36 and A36........................................  E-1 through E-2397. 
A36TC and B36TC...................................  EA-1 through EA-471.
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    Compliance: Required initially with whichever of the following 
is applicable, and thereafter as indicated:
     Upon the accumulation of 1,500 hours time-in-service 
(TIS) or within the next 100 hours TIS after the effective date of 
this AD, whichever occurs later, unless already accomplished;
     Within 500 hours TIS after the inspection required by 
superseded AD 92-08-07, Amendment 39-8218, or within the next 100 
hours TIS after the effective date of this AD, whichever occurs 
later; or
     Within 500 hours TIS after the last inspection required 
by AD 91-14-13, Amendment 39-7054 (superseded by AD 92-08-07), or 
within the next 100 hours TIS, whichevoccurs later.
    To prevent spar carry-through frame structure failure, which, if 
not detected and corrected, could result in severe structural damage 
to the wing, accomplish the following:
    (a) Inspect the wing front spar carry-through frame (web) 
structure for cracks in accordance with the instructions in Beech 
Service Bulletin (SB) No. 2360, dated November 1990. Repair or 
reinforce any cracked wing front spar carry-through frame structure 
and reinspect as specified in the paragraphs that follow.
    (b) If no cracks are found, reinspect as specified in paragraph 
(a) of this AD at intervals not to exceed 500 hours TIS as long as 
no cracks are found. When cracks are found, repair or reinforce the 
wing front spar carry-through frame structure and reinspect as 
specified in this AD.
    (c) If cracks are found in the bend radius and not in the web 
face in the areas of the huckbolt fasteners during the inspection 
specified in paragraph (a) of this AD, accomplish the following at 
the time specified in accordance with the instructions in Beech SB 
No. 2360:
    (1) For cracks up to 2.25 inches, accomplish one of the 
following, as applicable:
    (i) If not more than one crack on either side of the wing 
forward spar carry-through frame structure bend radius is found, 
prior to further flight, stop drill each crack at the crack ends. 
Within the next 200 hours TIS and thereafter at intervals not to 
exceed 200 hours TIS, reinspect each crack for progression and 
repair accordingly. Upon the installation of the applicable P/N 36-
4004 Kit, extend the repetitive inspection time to 500 hours TIS, 
and repair or reinforce any [[Page 9623]] cracked wing front spar 
carry-through frame structure as specified in this AD.
    (ii) If more than one crack is found on either side of the wing 
forward spar carry-through frame structure bend radius, prior to 
further flight, install the applicable Beech P/N 36-4004 Kit, 
reinspect thereafter at intervals not to exceed 500 hours TIS, and 
repair or reinforce any cracked wing front spar carry-through frame 
structure as specified in this AD.
    (2) For cracks between 2.25 and 4.0 inches, accomplish one of 
the following, as applicable:
    (i) If not more than one crack on either side of the wing 
forward spar carry-through frame structure bend radius is found, 
prior to further flight, stop drill each crack at the crack ends, 
and within the next 100 hours TIS, install the applicable Beech P/N 
36-4004 Kit. Reinspect thereafter at intervals not to exceed 500 
hours TIS, and repair or reinforce any cracked wing front spar 
carry-through frame structure as specified in this AD.
    (ii) If more than one crack is found on either side of the wing 
forward spar carry-through frame structure bend radius, prior to 
further flight, install the applicable P/N 36-4004 Kit, and 
reinspect thereafter at intervals not to exceed 500 hours TIS, and 
repair or reinforce any cracked wing front spar carry-through frame 
structure as specified in this AD.
    (3) For cracks exceeding 4.0 inches, prior to further flight, 
install the applicable Beech P/N 36-4004 Kit, reinspect at intervals 
not to exceed 500 hours TIS, and repair or reinforce any cracked 
wing front spar carry-through frame structure as specified in this 
AD.
    (d) If cracks are found in the web face in the area of the 
huckbolt fasteners but not in the bend radius during the inspections 
specified in paragraph (a) of this AD, accomplish the following at 
the time specified in accordance with the instructions in Beech SB 
No. 2360, but do not stop drill the cracks because it is possible to 
damage the structure behind the web face:
    (1) For cracks less than 1.0 inch in length, accomplish one of 
the following, as applicable:
    (i) If not more than one crack on either side of the wing 
forward spar carry-through frame structure web face is found, within 
the next 200 hours TIS and thereafter at intervals not to exceed 200 
hours TIS, reinspect each crack for progression and repair 
accordingly. Upon the installation of the applicable P/N 36-4004 
Kit, extend the repetitive inspection time to 500 hours TIS, and 
repair or reinforce any cracked wing front spar carry-through frame 
structure as specified in this AD.
    (ii) If more than one crack is found on either side of the wing 
forward spar carry-through frame structure web face, prior to 
further flight, install the applicable Beech P/N 36-4004 Kit, 
reinspect thereafter at intervals not to exceed 500 hours TIS, and 
repair or reinforce any cracked wing front spar carry-through frame 
structure as specified in this AD.
    (2) For cracks more than 1.0 inch in length, accomplish one of 
the following, as applicable:
    (i) If not more than one crack on either side of the wing 
forward spar carry-through frame structure web area is found, within 
the next 25 hours TIS, install the applicable Beech P/N 36-4004 Kit. 
Reinspect thereafter at intervals not to exceed 500 hours TIS, and 
repair or reinforce any cracked wing front spar carry-through frame 
structure as specified in this AD.
    (ii) If more than one crack is found on either side of the wing 
forward spar carry-through frame structure bend radius, prior to 
further flight, install the applicable Beech P/N 36-4004 Kit, 
reinspect thereafter at intervals not to exceed 500 hours TIS, and 
repair or reinforce any cracked wing front spar carry-through frame 
structure as specified in this AD.
    (3) If a crack passes through two fasteners but is less than 0.5 
inches beyond either fastener, accomplish one of the following, as 
applicable:
    (i) If not more than one crack on either side of the wing 
forward spar carry-through frame structure web area is found, within 
the next 25 hours TIS, install the applicable Beech P/N 36-4004 Kit, 
reinspect at intervals not to exceed 500 hours TIS, and repair or 
reinforce any cracked wing front spar carry-through frame structure 
as specified in this AD.
    (ii) If more than one crack is found on either side of the wing 
forward spar carry-through frame structure bend radius, prior to 
further flight, install the applicable Beech P/N 36-4004 Kit, 
reinspect at intervals not to exceed 500 hours TIS, and repair or 
reinforce any cracked wing front spar carry-through frame structure 
as specified in this AD.
    (4) If a crack passes through two fasteners but is more than 0.5 
inches beyond either fastener, prior to further flight, install the 
applicable Beech P/N 36-4004 Kit. Reinspect thereafter at intervals 
not to exceed 500 hours TIS, and repair or reinforce any cracked 
wing front spar carry-through frame structure as specified in this 
AD.
    (e) If cracks are found in both the web face in the area of the 
huckbolt fasteners and the bend radius during the inspections 
required in paragraph (a) of this AD, accomplish the following in 
accordance with the instructions in Beech SB No. 2360:
    (1) If only one crack is found on either side of the airplane, 
prior to further flight, repair each crack in accordance with the 
criteria and instructions in paragraphs (c)(1) through (c)(3) or 
(d)(1) through (d)(4) of this AD, as applicable. Reinspect 
thereafter at intervals not to exceed 500 hours TIS, and repair or 
reinforce any cracked wing front spar carry-through frame structure 
as specified in this AD.
    (2) If more than one crack is found on either side of the 
airplane, accomplish one of the following as applicable:
    (i) For any crack that is 1.0 inch or more in length, prior to 
further flight, install the applicable Beech P/N 36-4004 Kit. 
Reinspect thereafter at intervals not to exceed 500 hours TIS, and 
repair or reinforce any cracked wing front spar carry-through frame 
structure as specified in this AD.
    (ii) For any crack under 1.0 inch in length, within the next 200 
hours TIS and thereafter at intervals not to exceed 200 hours TIS, 
reinspect each crack for progression and repair accordingly. Upon 
the installation of the applicable P/N 36-4004 Kit, extend the 
repetitive inspection time to 500 hours TIS, and repair or reinforce 
any cracked wing front spar carry-through frame structure as 
specified in this AD.
    (f) If a fuselage skin crack is found around the opening of the 
lower forward carry-through fitting, prior to further flight, obtain 
repair instructions from the manufacturer through the Wichita 
Aircraft Certification Office (ACO) at the address specified in 
paragraph (h) of this AD, and incorporate these instructions. 
Reinspect thereafter at intervals not to exceed 500 hours TIS, and 
repair or reinforce any cracked wing front spar carry-through frame 
structure as specified in this AD.
    (g) 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.
    (h) An alternative method of compliance or adjustment of the 
initial or repetitive compliance times that provides an equivalent 
level of safety may be approved by the Manager, Wichita ACO, 1801 
Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 
67209. The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then 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.

    (i) The inspections required by this AD shall be done in 
accordance with No. 2360, dated November 1990. This incorporation by 
reference was previously 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 the 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.
    (j) This amendment (39-9155) supersedes AD 92-08-07, Amendment 
39-8218.
    (k) This amendment (39-9155) becomes effective on April 7, 1995.

    Issued in Kansas City, Missouri, on February 14, 1995.
Barry D. Clements,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 95-4133 Filed 2-17-95; 8:45 am]
BILLING CODE 4910-13-U