[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54415-54417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26107]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-76-AD; Amendment 39-9414; AD 95-20-01 R1]


Airworthiness Directives; Beech Aircraft Corporation Models 65 
and L-23F Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 95-20-01 R1, which was sent 
previously to all known U.S. owners and operators of certain Beech 
Aircraft Corporation (Beech) Models 65 and L-23F (military conversion) 
airplanes. This AD requires fabricating and installing a placard that 
specifies not to operate the airplane with the cabin door removed, and 
incorporating a copy of the AD into the Limitations Section of the 
Airplane Flight Manual (AFM). A recent accident of one of the affected 
airplanes that was operating with the cabin door removed prompted the 
existing AD. The actions specified by this AD are intended to prevent 
the possibility of a reduction in stability, controllability, or 
airplane climb performance during operation, particularly in single-
engine operations at high gross weights.

DATES: Effective November 3, 1995, to all persons except those to whom 
it was made immediately effective by priority letter AD 95-20-01 R1, 
issued September 21, 1995, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before December 27, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 95-CE-76-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Information that relates to this AD may be examined at the Rules 
Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. James A. Schueler, Program 
Manager, Wichita Aircraft Certification Office, 

[[Page 54416]]
FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; 
telephone (316) 946-4111; facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION: On September 15, 1995, the FAA issued 
priority letter Airworthiness Directive (AD) 95-20-01. This AD required 
the following on certain Beech Model 65 airplanes:

--Fabricating a placard with the words ``Operation of the airplane with 
the cabin door removed is prohibited'';
--Installing this placard on the airplane's instrument panel within the 
pilot's clear view; and
--Incorporating a copy of this AD in the Limitations Section of the 
Airplane Flight Manual (AFM).

    A recent accident of a Beech Model 65 airplane where the airplane 
was destroyed prompted that action. The referenced airplane was 
configured for parachute operations, including operating with the 
passenger seats and cabin door removed.
    The operator of this airplane had the cabin door removed in 
accordance with FAA-approved Flight Manual Supplement, dated September 
20, 1967. However, further examination of this particular flight manual 
supplement revealed an unapproved alteration of the document to make 
the Beech Model 65 eligible for operation with the cabin door removed.
    The Type Certificate Data Sheet for the Beech 65 series airplanes 
lists several Beech Model airplanes that are eligible for cabin door 
removal. This listing does not include the Beech Model 65. Currently, 
the FAA is examining these circumstances to determine why this model 
was not included in this eligibility. Certain Beech Model 65 airplanes 
may operate with the cabin door removed under a Restricted Category 
Certificate.
    The configuration of the Beech models that are eligible for 
operation with the cabin door removed includes a swept fin tail. The 
Beech Model 65 does not have this swept fin tail configuration. The FAA 
has not determined (1) the number of the 244 originally manufactured 
Beech Model 65 airplanes that are in operation with the cabin door 
removed in accordance with this Flight Manual Supplement, dated 
September 20, 1967; or (2) how many Restricted Category Certificates 
have been issued for operating with the cabin door removed.
    After issuing AD 95-20-01, the FAA received reports that the Beech 
Model L-23F (military conversion) should also be included in the 
applicability of that AD. These airplanes are eligible to be brought 
back into civilian use. Based on this, the FAA determined that AD 95-
20-01 should be revised to include these military conversion Beech 
Model L-23F airplanes.
    Since an unsafe condition was identified that is likely to exist or 
develop in other Beech Models 65 and L-23F airplanes of the same type 
design (including those operating under a Restricted Category 
Certificate), the FAA revised priority letter AD 95-20-01 and issued 
priority letter AD 95-20-01 R1 to prevent the possibility of a 
reduction in stability, controllability, or airplane climb performance 
during operation, particularly in single-engine operations at high 
gross weights. The AD retains the placard and AFM requirements of AD 
95-20-01 for the Model 65 airplanes, and adds the Model L-23F airplanes 
to the Applicability section of the AD.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on September 21, 1995, to all known U.S. operators of Beech 
Models 65 and L-23F airplanes. These conditions still exist, and the AD 
is hereby published in the Federal Register as an amendment to section 
39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it 
effective as to all persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD 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. 95-CE-76-AD.'' The postcard will be date stamped and 
returned to the commenter.
    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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a ``significant regulatory action'' 
under Executive Order 12866. It has been determined further that this 
action involves an emergency regulation under DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979). If it is determined 
that this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket. A copy of it, if filed, may 
be obtained from 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.

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 USC 106(g), 40101, 40113, 44701. 

[[Page 54417]]



Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

95-20-01 R1  Beech Aircraft Corporation: Amendment 39-9414; Docket 
No. 95-CE-76-AD. Revises priority letter AD 95-20-01.

    Applicability: The following airplane models and serial numbers, 
certificated in any category:

------------------------------------------------------------------------
                Model                           Serial numbers          
------------------------------------------------------------------------
65..................................  L-1, L-2, L-6, LC-1 through LC-   
                                       239, LF-7 and LF-8.              
L-23F...............................  L-3, L-4, L-5, and LF-9 through LF-
(military                              76.                              
conversion)                                                             
------------------------------------------------------------------------

    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 request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required prior to further flight after the effective 
date of this AD (except for those operators receiving this action by 
priority letter issued September 21, 1995, which made these actions 
effective upon receipt), unless already accomplished.
    To prevent the possibility of a reduction in stability, 
controllability, or airplane climb performance during operation, 
particularly in single-engine operations at high gross weights, 
accomplish the following:
    (a) Fabricate a placard, using letters at least \1/8\-inch in 
height, that consists of the words ``Do not operate the airplane 
with the cabin door removed.'' Install this placard on the 
airplane's instrument panel within the pilot's clear view.
    (b) Insert a copy of this AD into the Limitations Section of the 
airplane flight manual (AFM).
    (c) The actions required by this AD may be performed by the 
owner/operator holding at least a private pilot certificate as 
authorized by section 43.7 of the Federal Aviation Regulations (14 
CFR 43.7), and must be entered into the aircraft records showing 
compliance with this AD in accordance with section 43.11 of the 
Federal Aviation Regulations (14 CFR 43.11).
    (d) 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 Aircraft Certification Office 
(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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (e) Information related to this AD may be examined at the FAA, 
Central Region, Office of the Assistant Chief Counsel, Room 1558, 
601 E. 12th Street, Kansas City, Missouri 64106.
    (f) This amendment (39-9414) becomes effective on November 3, 
1995, to all persons except those persons to whom it was made 
immediately effective by priority letter AD 95-20-01 R1, issued 
September 21, 1995, which contained the requirements of this 
amendment.

    Issued in Kansas City, Missouri, on October 16, 1995.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 95-26107 Filed 10-23-95; 8:45 am]
BILLING CODE 4910-13-U