[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Proposed Rules]
[Pages 27705-27707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12828]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-162-AD]


Airworthiness Directives; Beech Model 400, 400A, and MU-300-10 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Beech Model 400, 400A, and 
MU-300-10 airplanes. This proposal would require installation of an 
improved adjustment mechanism on the flightcrew seats and replacement 
of the existing aluminum seat reinforcement assemblies with steel 
assemblies. This [[Page 27706]] proposal is prompted by reports of 
incomplete latching of the existing adjustment mechanism and cracked 
reinforcement assemblies, which could result in sudden shifting of a 
flightcrew seat. The actions specified by the proposed AD are intended 
to prevent such shifting of a flightcrew seat, which could impair the 
flightcrew's ability to control the airplane.

DATES: Comments must be received by July 5, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-162-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Raytheon Aircraft Company, P. O. Box 85, Wichita, Kansas 
67201-0085. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 
the FAA, Small Airplane Directorate, Wichita Aircraft Certification 
Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, 
Kansas.

FOR FURTHER INFORMATION CONTACT: Larry Engler, Aerospace Engineer, 
Airframe Branch, ACE-118W, FAA, Small Airplane Directorate, Wichita 
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4122; fax 
(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 shall 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 summarizing 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 Number 94-NM-162-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, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 94-NM-162-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received several reports of incomplete latching of the 
adjustment mechanism on a flightcrew seat on Beech Model 400 series 
airplanes, which can result in a sudden shift of the seat position. The 
latching pins are designed to go into an adjustment hole on each rear 
leg assembly of the crew seat. However, due to the rigidity of the pin/
tube assembly, both pins could not slip completely into the latched 
position unless the holes on both rear assemblies were aligned. 
Additionally, the FAA has received reports of cracking in the aluminum 
reinforcement assemblies of the flightcrew seat, which also may 
contribute to shifting of the seat. Shifting of a flightcrew seat 
during flight, if not corrected, could impair the flightcrews's ability 
to control the airplane.
    The FAA has reviewed and approved Beechcraft Service Bulletin No. 
2536, Revision 1, dated April 1995, which describes procedures for 
installing an improved adjustment mechanism on the flightcrew seats. 
This adjustment mechanism will allow each pin to slide into the latched 
position without both rear leg assemblies being aligned. The service 
bulletin also describes procedures for replacing the existing aluminum 
seat reinforcement assemblies with stronger steel assemblies.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require installing an improved adjustment mechanism 
on the flightcrew seats, and replacing the existing aluminum seat 
reinforcement assemblies with steel assemblies. The actions would be 
required to be accomplished in accordance with the service bulletin 
described previously.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this long-standing requirement.
    There are approximately 169 Model 400, 400A, and MU-300-10 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 121 airplanes of U.S. registry would be affected by this 
proposed AD, that it would take approximately 24 work hours per 
airplane to accomplish the proposed actions, and that the average labor 
rate is $60 per work hour. Required parts would cost approximately $700 
per airplane. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $258,940, or $2,140 
per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    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 proposed 
regulation (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) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities 
[[Page 27707]] under the criteria of the Regulatory Flexibility Act. A 
copy of the draft regulatory 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, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 adding the following new 
airworthiness directive:

Beech Aircraft Corporation: Docket 94-NM-162-AD.

    Applicability: Model 400 airplanes, serial numbers RJ-1 through 
RJ-65 inclusive; Model 400A airplanes, serial numbers RK-1 through 
RK-93 inclusive; and Model MU-300-10 airplanes, serial numbers 
A1001SA through A1011SA inclusive; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (b) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent reduced controllability of the airplane due to a 
shifting of the flightcrew seat during flight, accomplish the 
following:
    (a) Within 200 hours time-in-service after the effective date of 
this AD, install an improved adjustment mechanism on the flightcrew 
seat, and replace the existing aluminum seat reinforcement 
assemblies with steel assemblies, in accordance with Beechcraft 
Service Bulletin No. 2536, Revision 1, dated April 1995.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Wichita Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Wichita ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (c) Special flight permits may be issued in accordance with 
Secs. 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.

    Issued in Renton, Washington, on May 19, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-12828 Filed 5-24-95; 8:45 am]
BILLING CODE 4910-13-U