[Federal Register Volume 61, Number 203 (Friday, October 18, 1996)]
[Proposed Rules]
[Pages 54372-54373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26699]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-44-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Corporation (Formerly 
Beech Aircraft Corporation) 35 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Raytheon Aircraft Corporation 
(Raytheon) 35 series airplanes. The proposed action would require 
inspecting the ruddervator differential tail control rod assembly for 
corrosion or cracks, repairing or replacing any cracked or corroded 
part, and applying anti-corrosion sealant to the ruddervator control 
pushrods. The proposed action results from a split in the ruddervator 
control push rod on an affected airplane that was found during a 
routine inspection. The split occurred when water froze in the internal 
area of the control push rod and then expanded. The actions specified 
by the proposed AD are intended to prevent failure of the differential 
tail control rod assembly, which could result in loss of control of the 
airplane.

DATES: Comments must be received on or before December 20, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 96-CE-44-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from the Raytheon Aircraft Corporation, P.O. Box 85, Wichita, Kansas 
67201-0085. This information also may be examined at the Rules Docket 
at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Engler, Aerospace Safety 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 
946-4122; facsimile (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 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, 
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 that summarizes 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 No. 96-CE-44-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, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 96-CE-44-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The FAA has received a report of the ruddervator control pushrod 
splitting on a Raytheon 35 series airplane; specifically a \3/4\-inch 
longitudinal split was found in the left ruddervator control pushrod. 
The splitting is attributed to water freezing in the internal area of 
the control push rod.
    The design of the ruddervator differential tail control rod 
assembly is that the two rods have a hollow shaft that is open at both 
ends and extends through the length of the rod. Moisture laden air is 
entering the rod assembly through these hollow shafts and then 
condenses in the rod assembly tube. When the moisture accumulates, it 
freezes in cold weather, expands, and causes the ruddervator control 
pushrod to split. This condition could lead to failure of the 
ruddervator differential tail control rod asssembly and subsequent loss 
of control of the airplane.

Applicable Service Information

    Raytheon has issued Service Bulletin (SB) No. 2668, dated September 
1996, which specifies procedures for inspecting the ruddervator 
differential tail control rod assembly, and repairing or replacing any 
cracked part. Raytheon SB No. 2668 also specifies procedures for 
applying an anti-corrosion sealant to the ruddervator control pushrods. 
This service bulletin applies to certain serial numbers (D-1 through 
D10403, D-15001, and D-15002) of the following models of Raytheon 35 
series airplanes:

35                 35R                    A35               B35         
C35                D35                    E35               F35         
G35                H35                    J35               K35         
M35                N35                    P35               S35         
V35                V35-TC                 V35A              V35A-TC     
V35B               V35B-TC                ................  ............
                                                                        

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
referenced service information, the FAA has determined that AD action 
should be taken to prevent failure of the ruddervator differential tail 
control rod assembly, which could result in loss of control of the 
airplane.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Raytheon 35 series

[[Page 54373]]

airplanes of the same type design, the proposed AD would require 
inspecting the ruddervator differential tail control rod assembly for 
corrosion or cracks, repairing or replacing any cracked or corroded 
part, and applying corrosion sealant to the ruddervator control 
pushrods. Accomplishment of the proposed actions would be in accordance 
with Raytheon SB No. 2668, dated September 1996.

Cost Impact

    The FAA estimates that 10,405 airplanes in the U.S. registry would 
be affected by the proposed AD, that it would take approximately 4 
workhours per airplane to accomplish the proposed inspection and anti-
corrosion sealant application, and that the average labor rate is 
approximately $60 an hour. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be 
$2,497,200. This figure is based on the assumption that none of the 
affected airplanes would have a corroded or cracked part in the 
ruddervator differential tail control rod assembly that would need to 
be repaired or replaced. The FAA has no way of determining how many 
ruddervator control push rods that would be corroded or cracked.

Regulatory Impact

    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 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) if promulgated, 
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 draft regulatory evaluation 
prepared for this action has been placed 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

Raytheon Aircraft Corporation (formerly Beech Aircraft Corporation): 
Docket No. 96-CE-44-AD.

    Applicability: Models 35, 35R, A35, B35, C35, D35, E35, F35, 
G35, H35, J35, K35, M35, N35, P35, S35, V35, V35TC, V35A, V35A-TC, 
V35B, and V35B-TC airplanes (serial numbers D-1 through D-10403, D-
15001, and D-15002), 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 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 within the next 100 hours time-in-
service after the effective date of this AD, unless already 
accomplished.

    To prevent failure of the ruddervator differential tail control 
rod assembly, which could result in loss of control of the airplane, 
accomplish the following:
    (a) Inspect the ruddervator differential tail control rod 
assembly for cracks and corrosion in accordance with the 
ACCOMPLISHMENT INSTRUCTIONS section of Raytheon Service Bulletin 
(SB) No. 2668, dated September 1996. Prior to further flight, repair 
or replace any corroded or cracked part as specified in and in 
accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Raytheon 
SB No. 2668, dated September 1996.
    (b) Apply anti-corrosion sealant to the ruddervator control 
pushrods in accordance with the ACCOMPLISHMENT INSTRUCTIONS section 
of Raytheon SB No. 2668, dated September 1996.
    (c) 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.
    (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) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to the Raytheon 
Aircraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085; or 
may examine this document at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.

    Issued in Kansas City, Missouri, on October 10, 1996.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-26699 Filed 10-17-96; 8:45 am]
BILLING CODE 4910-13-U