[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:
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Model Serial numbers
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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)
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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