[Federal Register Volume 61, Number 232 (Monday, December 2, 1996)]
[Proposed Rules]
[Pages 63762-63764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30576]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-89-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company (Formerly 
Beech Aircraft Corporation) Model 58P and 58PA Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of 
the comment period.

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SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD) that would have required the following on 
Raytheon Aircraft Company (formerly Beech Aircraft Corporation) Model 
58P and 58PA airplanes: inspecting for cracks and missing rivets in the 
cabin structure (longeron) adjacent to and aft of the second right-hand 
(RH) cabin window, and repairing any cracked structure and installing 
rivets, if missing. The Federal Aviation Administration (FAA) has 
received several reports of airplanes with cracks in the cabin 
structure which are also missing rivets that should have been installed 
in the cabin structure to secure the frame, splice, and longeron 
together. The missing rivets could lead to cabin structure cracks, and 
therefore

[[Page 63763]]

prompted the previously proposed AD action.
    Since publication of that proposal, the FAA has determined that the 
proposed action is still a valid safety issue, but that cracks have 
also been reported in the RH lower longeron and that this area should 
also be inspected for cracks, repaired if there are cracks and re-
reinforced if no cracks are found. This proposed new action revises the 
previous proposal by incorporating this change. The actions specified 
by the proposed AD are intended to prevent structural cracking to the 
cabin caused by missing rivets, which if not corrected, could cause 
decompression injuries to passengers, structural damage to the 
fuselage, and loss of the airplane.
    Since the comment period for the original proposal has closed and 
the change described above goes beyond the scope of what was originally 
proposed, the FAA is allowing additional time for the public to 
comment.

DATES: Comments must be received on or before February 3, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-89-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 Raytheon Aircraft Company, 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: David Ostrodka, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 946-
4129, 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 supplemental 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 supplemental notice must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 95-CE-89-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of Supplemental NPRM's

    Any person may obtain a copy of this supplemental NPRM by 
submitting a request to the FAA, Central Region, Office of the 
Assistant Chief Counsel, Attention: Rules Docket No. 95-CE-89-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

    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 
Aircraft Corporation (Beech) Model 58P and 58PA airplanes was published 
in the Federal Register on February 8, 1996 (61 FR 4756). The action 
proposed to require inspecting for cracks and missing rivets in the 
cabin structure (upper longeron) adjacent to and aft of the second 
right-hand (RH) cabin window, and repairing any cracked structure and 
installing rivets, if missing. After the proposed notice was published, 
the name of the manufacturer changed from Beech Aircraft Corporation to 
Raytheon Aircraft Company (Raytheon). The model designation in the 
applicability section of the proposed AD remains the same.
    Since publication of the proposal, additional reports have been 
received regarding cracking in another area of the longeron. The FAA 
has re-examined all information related to this subject and determined 
that the right-hand (RH) lower longeron between two doublers adjacent 
to the lower aft side of the RH second cabin window should also be 
inspected for cracks, repaired, if cracked, and re-reinforced, if no 
cracks are found.
    Accomplishment of the proposed inspection, repair and installation 
would be in accordance with Beechcraft Service Bulletin (SB) No. 2630, 
Issued: November, 1995, and Raytheon Aircraft Mandatory SB No. 2691, 
Rev. 1, Issued: June, 1996; Revised: October, 1996.
    The FAA estimates that 386 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 3 
workhours to accomplish the inspection and that the average labor rate 
is approximately $60 an hour. In estimating the total cost impact of 
the proposed AD on U.S. operators, the FAA is only using the proposed 
inspection criteria (3 workhours). This estimate is based on the 
assumption that no affected airplane will have missing rivets or a 
cracked longeron. Based on these figures, the total cost impact of the 
proposed AD on U. S. operators is estimated to be $69,480 or $180 per 
airplane.
    If, during the proposed inspection, cracks are found and rivets are 
missing, the estimated costs for accomplishing the following proposed 
actions would be:

--2 workhours to install rivets at an estimated cost of $125 per 
airplane ($120 for labor and $5 for rivets),
--8 workhours to repair any crack in the designated area of the RH 
upper longeron at an estimated cost of $675 per airplane ($480 for 
labor and $195 for parts),
--6 workhours to re-reinforce the RH lower longeron at an estimated 
cost of $460 per airplane ($360 for labor and $100 for parts), or
--16 workhours to repair any crack found in the RH lower longeron at an 
estimated cost of $2,060 per airplane ($960 for labor and $1,100 for 
parts).

    Raytheon has informed the FAA that parts have been distributed to 
equip approximately 19 airplanes. And, for a period of one year from 
the date of issue of the service bulletin, Raytheon is allowing 
warranty credit for parts and labor on all affected airplanes.
    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

[[Page 63764]]

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 Company: Docket No. 95-CE-89-AD.

    Applicability: Models 58P and 58PA airplanes, having the 
following serial numbers, and certificated in any category:

Serial Numbers Listed in Beech Service Bulletin (SB) No. 2630

TJ-2 through TJ-177
TJ-179
TJ-181 through TJ-212
TJ-214 through TJ-270
TJ-272 through TJ-283
TJ-285 through TJ-288
TJ-290 through TJ-313
TJ-315 through TJ-321
TJ-323, TJ-324
TJ-326 through TJ-368, and
TJ-370 through TJ-497

Serial Numbers Listed in Raytheon SB No. 2691

TJ-2 through TJ-121
TJ-123 through TJ 394
TJ-396 through TJ-497

    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 
(TIS) after the effective date of this AD, unless already 
accomplished:
    To prevent structural cracking to the cabin caused by missing 
rivets, which if not corrected, could cause decompression injuries 
to passengers, structural failure of the fuselage, and loss of the 
airplane, accomplish the following:
    (a) Inspect cabin window upper longeron (next to the upper aft 
splice) between the second and third right-hand (RH) cabin side 
windows for cracks and missing rivets in accordance with the 
ACCOMPLISHMENT INSTRUCTIONS section of Beechcraft Mandatory (Beech) 
Service Bulletin (SB) No. 2630, Issued: November 1995.
    (1) If cracks are found in the longeron, prior to further 
flight, repair the cracks in accordance with the ACCOMPLISHMENT 
INSTRUCTIONS section of Beech SB No. 2630, Issued: November 1995.
    (2) If rivets are found missing, prior to further flight, 
install the rivets in accordance with the ACCOMPLISHMENT 
INSTRUCTIONS section of Beech SB No. 2630, Issued: November 1995.
    (b) Inspect the RH lower longeron between the two doublers 
adjacent to the lower aft side of the RH second cabin window for 
cracks in accordance with the ACCOMPLISHMENT INSTRUCTIONS section, 
PART I of Raytheon Mandatory SB No. 2691, Rev. 1, Issued: June, 
1996, Revised: October 1996.
    (1) If cracks are found, prior to further flight, repair the 
cracks in accordance with the ACCOMPLISHMENT INSTRUCTIONS section, 
PART II in Raytheon Mandatory SB No. 2691, Rev. 1, Issued: June, 
1996, Revised: October 1996.
    (2) If no cracks are found, prior to further flight, reinforce 
the RH lower longeron in accordance with the ACCOMPLISHMENT 
INSTRUCTIONS section, PART III in Raytheon Mandatory SB No. 2691, 
Rev. 1, Issued: June, 1996, Revised: October 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, 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 Aircraft Certification Office.

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

    (e) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to Raytheon Aircraft 
Company, 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 November 25, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-30576 Filed 11-29-96; 8:45 am]
BILLING CODE 4910-13-U