[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Proposed Rules]
[Pages 8650-8659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4719]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-209-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon (Beech) Model 400, 400A, 400T, 
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 supersedure of an existing 
airworthiness directive (AD), applicable to all Raytheon (Beech) Model 
400, 400A, 400T, and MU-300-10 airplanes, and Mitsubishi Model MU-300 
airplanes, that currently requires a revision to the Airplane Flight 
Manual (AFM) to provide pilots with special operating procedures during 
icing conditions. This proposal would require modification of the 
horizontal stabilizer ice protection system. This proposal also would 
remove Model MU-300 airplanes from the applicability of that AD. This 
proposal is prompted by the

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development of a modification that will positively address the unsafe 
condition. The actions specified by the proposed AD are intended to 
prevent uncommanded nose-down pitch at certain flap settings during 
icing conditions.

DATES: Comments must be received by April 7, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-209-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, Manager Service Engineering, 
Hawker Customer Support Department, 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: Tina L. Miller, Aerospace Engineer, 
Flight Test Branch, ACE-117W, FAA, Small Airplane Directorate, Wichita 
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4168; 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 96-NM-209-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. 96-NM-209-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 5, 1994, the FAA issued AD 94-25-10, amendment 39-9094 
(59 FR 64112, December 13, 1994), applicable to all Raytheon Model 400, 
400A, 400T, and MU-300-10 airplanes, and all Mitsubishi Model MU-300 
airplanes, to require a revision to the FAA-approved Airplane Flight 
Manual (AFM) to provide pilots with special operating procedures during 
icing conditions. That action was prompted by the results of icing 
tests, which demonstrated that ice accumulations on the horizontal 
stabilizer may cause the airplane to pitch down at certain flaps 
settings. The requirements of that AD are intended to prevent 
uncommanded nose-down pitch at certain flap settings during icing 
conditions.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has reviewed and approved 
Beechcraft Service Bulletin No. 2600, dated November 1995. The service 
bulletin describes procedures for modification of the horizontal 
stabilizer ice protection system on Model 400, 400A, and MU-300-10 
airplanes. The modification involves replacing the existing ice 
protection system with an improved system and changing the horizontal 
stabilizer icing controls and annunciation. Accomplishment of this 
modification will improve the ice protection capabilities of the 
horizontal stabilizer.
    That Beechcraft service bulletin does not address Model 400T 
airplanes, since the modification described in it has not been tested 
or approved for those airplanes. Nevertheless, the FAA has determined 
that modification of the horizontal stabilizer ice protection system on 
Model 400T airplanes must be accomplished in order to address the 
unsafe condition and ensure the continued operational safety of those 
airplanes.

Explanation of Requirements of Proposed Rule

    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 supersede AD 94-25-10 to continue to require revising 
the Limitations and Normal Procedures Sections of the AFM to provide 
pilots with special operating procedures during icing conditions. The 
proposed AD also would require modification of the horizontal 
stabilizer ice protection system. The modification would be required to 
be accomplished in accordance with the service bulletin described 
previously (if applicable), or in accordance with a method approved by 
the FAA. Accomplishment of the modification constitutes terminating 
action for the AFM revision required currently by AD 94-25-10.
    Additionally, the proposed AD would remove Model MU-300 airplanes 
from the applicability of the existing AD. The FAA is considering 
issuing separate rulemaking action to require, among other things, 
certain AFM revisions and installation of an ice detector on those 
airplanes.

Cost Impact

    There are approximately 237 Raytheon (Beech) Model 400, 400A, 400T, 
and MU-300-10 airplanes of the affected design in the worldwide fleet.
    The FAA estimates that 39 Model 400 and MU-300-10 airplanes, 67 
Model 400A airplanes, and 80 Model 400T airplanes of U.S. registry 
would be affected by this proposed AD.
    The actions that are currently required by AD 94-25-10 (AFM 
revision) take approximately 1 work hour per airplane to accomplish, at 
an average labor rate of $60 per work hour. Based on these figures, the 
cost impact on U.S. operators of the actions currently required is 
estimated to be $11,160, or $60 per airplane.
    The modification that is proposed in this AD would take 
approximately 320 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost between 
$37,000 and $45,000 per airplane. Based on these figures, the cost 
impact on the proposed requirements of this AD U.S. operators of those 
airplanes is estimated to be between $10,453,200 and $11,941,200, or 
between $56,200 and 64,200 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of

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this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

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 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 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9094 (59 FR 
64112, December 13, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Raytheon Aircraft Company (Formerly Beech): Docket 96-NM-209-AD. 
Supersedes AD 94-25-10, Amendment 39-9094.

    Applicability: All Model 400, 400T, and MU-300-10 airplanes; and 
Model 400A airplanes having serial numbers RK-1 through RK-107 
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 
otherwise 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 (c) 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 as indicated, unless accomplished 
previously.
    To prevent uncommanded nose-down pitch at certain flap settings 
during icing conditions, accomplish the following:
    (a) Within 20 days after December 28, 1994 (the effective date 
of AD 94-25-10, amendment 39-9094), revise the Limitations Section 
and Normal Procedures Section of the FAA-approved Airplane Flight 
Manual (AFM) to include the following text. This may be accomplished 
by inserting a copy of this AD in the AFM.

``Icing Conditions

    If icing conditions are encountered during flight, no greater 
than 10 degrees flaps may be utilized for landing unless the 
following conditions are met:
    1. The icing conditions were encountered for less than 10 
minutes, and the Ram Air Temperature (RAT) during such encounter was 
warmer than -8 degrees C.

Or

    2. A RAT of +5 degrees C or warmer is observed during approach 
and landing.
    If either of the above two conditions are met, 30 degrees flaps 
may be utilized for landing.
    Otherwise:

Flaps (landing flaps setting)--10 degrees
Land Select (LAND SEL) Switch--Flaps 10 degrees

    Use landing data for 10 degrees flaps from Appendix 1 of this 
AD.
    (b) Within 2 years after the effective date of this AD, modify 
the horizontal stabilizer ice protection system in accordance with 
paragraph (b)(1) or (b)(2) of this AD, as applicable. Accomplishment 
of this modification constitutes terminating action for the AFM 
revision required by paragraph (a) of this AD. Following such 
accomplishment, that AFM revision may be removed from the AFM.
    (1) For Model 400, 400A, and MU-300-10 airplanes: Accomplish the 
modification in accordance with Beechcraft Service Bulletin No. 
2600, dated November 1995.
    (2) For Model 400T airplanes: Accomplish the modification in 
accordance with a method approved by the Manager, Wichita Aircraft 
Certification Office (ACO), FAA, Small Airplane Directorate.
    (c) 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 ACO. 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.

    (d) 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.

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Appendix 1
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    Issued in Renton, Washington, on February 20, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-4719 Filed 2-25-97; 8:45 am]
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