[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38898-38901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18138]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-CE-34-AD; Amendment 39-10073; AD 97-14-15]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company (Formerly
Known as Beech Aircraft Corporation) Models E33, F33, G33, E33A, F33A,
E33C, F33C, C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35,
V35, V35A, V35B, V35TC, V35ATC, V35BTC, 36, A36, A36TC, B36TC, 50, B50,
C50, 95-55, 95A55, 95B55, 95C55, D55, E55, 56TC, A56TC, 58, 58TC, 95,
B95, B95A, D95A, and E95 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to Raytheon Aircraft Company (formerly known as Beech Aircraft
Corporation) Models E33, F33, G33, E33A, F33A, E33C, F33C, C35, D35,
E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, V35B,
V35TC, V35ATC, V35BTC, 36, A36, A36TC, B36TC, 50, B50, C50, 95-55,
95A55, 95B55, 95C55, D55, E55, 56TC, A56TC, 58, 58TC, 95, B95, B95A,
D95A, and E95 airplanes. This action requires checking the cabin side
door handle and the utility door handle from the interior of the
airplane for proper locking. If the door handles do not lock, the
proposed AD would require reinstalling the door handles correctly for
the lock to engage. Nine reports of the utility and cabin door handle
opening from the interior of the airplane without depressing the lock
release button prompted this action. The actions specified by this AD
are intended to prevent unintentional opening of the cabin side door
and the utility door from the interior of the airplane, which, if not
detected and corrected, could result in loss of control of the
airplane.
DATES: Effective September 2, 1997.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 2, 1997.
ADDRESSES: Service information that applies to this AD may be obtained
from Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-
0085. This information may also be examined at the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 96-CE-34-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106; or at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Larry Engler, Aerospace Engineer, FAA,
Wichita Aircraft Certification Office, 1801 Airport Rd., Rm. 100, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4122;
facsimile (316) 946-4407.
SUPPLEMENTARY INFORMATION:
Events Leading to the Issuance of This AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to Raytheon Aircraft
Company (Raytheon) (formerly known as Beech Aircraft Corporation)
Models E33, F33, G33, E33A, F33A, E33C, F33C, C35, D35, E35, F35, G35,
H35, J35, K35, M35, N35, P35, S35, V35, V35A, V35B, V35TC, V35ATC,
V35BTC, 36, A36, A36TC, B36TC, 50, B50, C50, 95-55,
[[Page 38899]]
95A55, 95B55, 95C55, D55, E55, 56TC, A56TC, 58, 58TC, 95, B95, B95A,
D95A, and E95 airplanes was published in the Federal Register on
December 23, 1996 (61 FR 67505). The action proposed to require
checking the cabin side door and the utility door handle from the
interior of the airplane for proper locking. If the handles do not
lock, this action proposed to require procedures for re-installing the
door handles correctly for the lock to engage. Accomplishment of the
proposed action would be in accordance with Raytheon Aircraft Mandatory
Service Bulletin No. 2693, Issued: May, 1996.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
comments received from three different commenters.
Comment 1: No Need for AD Action
The first commenter states that the use of the words ``may result''
or ``could occur'' in the section titled ``Events Leading to the
Proposed Action'' of the preamble indicates that there have been no
actual incidents or accidents because of the improperly installed door
handle and there is no need for the AD action.
The FAA does not concur that there is no need for AD action. The
FAA uses the phrases ``may result'' and ``could occur'' to emphasize
the possibility of another incident or accident occurring based on the
history and reports of incidents and accidents that have already
occurred. The AD preamble is used to describe what the FAA knows has
already happened and to justify the possible consequences if the
affected airplane operators do not comply with the AD action. The
notice of proposed rulemaking (NPRM) did not specify the number of
occurrences reported on these cabin door handles. There have been nine
reports of these door handles not locking properly.
No changes have been made to the final rule as a result of this
comment.
Comment 2: No Incidents, Only Reports
The same commenter also states that the phrase ``incidents
described above'' in the section titled ``Explanation of the Provisions
of the Proposed Action'' makes reference to incidents described in the
preamble and there are no incidents described, but only reports of
improperly installed door handles.
The FAA concurs and will change all incident references in the
final rule to reports.
Comment 3: Cost Impact
A commenter states that the cost of repetitive inspections and the
owners/operators time for the burdensome paperwork that is required to
comply with an AD is not figured into the cost of the proposed AD.
The FAA concurs, but states that the cost of the repetitive
inspections is not figured into the cost impact per airplane or for the
entire U.S. fleet because there are no repetitive inspections proposed
in the NPRM. Likewise, the FAA does not estimate the time for paperwork
to comply with the proposed AD because the FAA has no reasonable means
of obtaining this information.
No changes have been made to the final rule as a result of this
comment.
Comment 4: Include Subsequent Service Bulletin Revisions in AD
A commenter states that the AD compliance should not only specify
that the proposed action be accomplished in accordance with Raytheon
Service Bulletin (SB) No. 2693, dated May, 1996, but also include any
subsequent revisions to the referenced service bulletin.
The FAA does not concur. The FAA cannot approve data that does not
exist. Approval of this nature could adversely affect aviation safety
if modifications were included in the subsequent service bulletins that
did not carry normal FAA review.
No changes have been made to the final rule as a result of this
comment.
Comment 5: Improper Installation Is Not Justification for an AD
One commenter explains that AD's normally do not address a
potential problem based on an improperly installed part. The commenter
states that if AD's were issued on this basis alone, why doesn't the
FAA issue AD's to cover the installation of all aircraft parts?
FAA does not concur with this commenter's statement. The NPRM is
written because the information provided in the maintenance manual does
not cover the re-installation of the door handle, once removed. The
NPRM provides the information needed to assure that the door handles
are re-installed correctly. The FAA will add a Note in the AD
recommending that reference be made to the service bulletin in the
maintenance manual.
Comment 6: No Interior Cabin or Utility Doors
A commenter states that a revision is needed in the ``Summary'' to
correctly identify the area to be inspected. As written, the phrase ``*
* *interior cabin side door handle and interior utility door handle* *
*'' leads the reader to believe there are interior doors on the
airplane. There are no interior cabin side doors or interior utility
doors.
The FAA concurs and has re-written the ``Summary'' to correctly
describe the doors as ``* * *cabin side door handle and utility door
handle from the interior of the airplane * * *'' for better
clarification.
Comment 7: Unsafe Condition Not Defined Correctly
One commenter states that the phrase ``* * * while in flight * * *
could result in injury to passengers * * *'' is misleading. The
commenter states that the airloads on the door after rotation of the
airplane should prevent the door from opening, and the only potential
for injury is during taxi operations.
The FAA concurs with this statement. After further review of the
reports made, the FAA has determined that no injuries have occurred
from the door coming ajar. As a result, the FAA has changed the
statements referring to passenger injury during flight or during taxi
operations. Instead, the statement has been changed to ``* * * could
result in loss of control of the airplane.'' The reason for this change
is that loss of control of the airplane could result from either a
startled passenger grabbing an airplane control should the door come
ajar because the door handle lock didn't lock, or the pilot having to
lean over and shut the door because a passenger inadvertently leaned on
the door handle causing it to come ajar.
Comment 8: Doors Were Installed Correctly at Factory
A commenter states that this problem was discovered in the field as
a result of removing the door handle and re-installing the handle
incorrectly, and the door handles were not installed at the factory
incorrectly.
The FAA concurs and has made an effort to clarify the cause of the
problem, so as not to imply that the manufacturer is at fault.
No changes were made as a result of this comment.
Comment 9: Change in Compliance Time
Another commenter states that a change should be made to the
compliance time of the AD. The commenter wants to eliminate the phrase
``* * * whichever occurs first,* * *'' because this implies that the
door handle only needs to be checked and corrected one time. The
commenter states that repetitive checks are needed to the door handle
when removed in the future, and incorrectly re-installed.
[[Page 38900]]
The FAA does not concur that the phrase ``* * * whichever occurs
first,* * *'' is unnecessary. The purpose for this phrase is to make
sure the door handles are checked at the first possible opportunity.
This means the operator has 50 hours time-in-service (TIS) to check the
door handles, but if the door handles are removed prior to the
expiration of that time, the operators must check the door handles and
verify that they are locking correctly and does not have to check the
door handles at the expiration of 50 hours TIS after the effective date
of the AD.
The FAA is not requiring a repetitive check because the purpose of
this AD is to have the entire fleet check the door handles to make sure
they are locking correctly. If the door handles are not locking, then
the operator should have the door handles re-installed to lock
correctly. After the initial check to assure every affected airplane
has locking door handles, the FAA is relying on regular maintenance to
catch this problem. The FAA will add a Note recommending that reference
be made to the service bulletin in the maintenance manual.
Comment 10: Certified/Licensed Versus Certificated
All three commenters state that airframe mechanics and pilots are
not ``licensed'' or ``certified'', but are ``certificated.'' The FAA
concurs and has changed all references to ``licensed airframe
mechanics'' or ``certified pilots'' in the preamble and the AD to read
``certificated airframe mechanics'' or ``certificated pilots.''
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except
editorial corrections mentioned above. The FAA has determined that
these corrections will not change the meaning of the AD and will not
add any additional burden upon the public than was already proposed.
Cost Impact
The FAA estimates that 19,000 airplanes in the U.S. registry will
be affected by this AD, that it will take approximately 1 workhour per
airplane to accomplish the required initial check and there is no labor
cost because the check may be performed by the owner/operator holding
at least a private pilot certificate as authorized by Sec. 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
Sec. 43.11 of the Federal Aviation Regulations (14 CFR 43.11). Based on
these figures, there is no initial cost impact of this AD on U.S.
operators. This figure is based upon the assumption that no affected
airplane owner/operator has accomplished this check. The FAA has no way
of determining the number of owners/operators who may have already
accomplished this action.
Regulatory Impact
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.
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) 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 final 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, Incorporation by
reference, 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), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
97-14-15 Raytheon Aircraft Company: Amendment 39-10073; Docket No.
96-CE-34-AD.
Applicability: Models E33, F33, G33, E33A, F33A, E33C, F33C,
C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35,
V35A, V35B, V35TC, V35ATC, V35BTC, 36, A36, A36TC, B36TC, 50, B50,
C50, 95-55, 95A55, 95B55, 95C55, D55, E55, 56TC, A56TC, 58, 58TC,
95, B95, B95A, D95A, and E95 airplanes (all serial numbers),
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 50 hours time-in-service
(TIS) after the effective date of this AD or at the next door handle
removal after the effective date of this AD, whichever occurs first,
unless already accomplished.
To prevent unintentional opening of the cabin side door and the
utility door from the interior of the airplane, which if not
detected and corrected, could result in loss of control of the
airplane, accomplish the following:
(a) Check the cabin side door handle and the utility door handle
from the interior of the airplane for proper locking (rotating the
door handle clockwise without depressing the lock release button) in
accordance with the Accomplishment Instructions section of Raytheon
Service Bulletin (SB) No. 2693, Issued May, 1996.
(1) If the door handle opens the door when rotated, without
depressing the handle's lock release button, prior to further
flight, correct the door handle lock by removing the door handle,
and re-installing the door handle so that the lock release button
locks the door in accordance with the Accomplishment Instructions
section in Raytheon SB No. 2693, Issued May, 1996.
(2) If the door handle is locked and will only unlock by
depressing the handle door lock release button, then no further
action is necessary.
Note 2: The FAA strongly recommends entering a reference to
Raytheon SB No. 2693, Issued May, 1996 into the applicable airplane
maintenance manual.
(b) The check required in paragraph (a) of 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
[[Page 38901]]
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).
(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 Rd., Rm. 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 3: 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) The check and re-installation required by this AD shall be
done in accordance with Raytheon Aircraft Mandatory Service Bulletin
No. 2693, Issued: May, 1996. This incorporation by reference was
approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from
Raytheon Aircraft Company, P. O. Box 85, Wichita, Kansas 67201-0085.
Copies may be inspected at the FAA, Central Region, Office of the
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City,
Missouri, or at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC.
(f) This amendment (39-10073) becomes effective on September 2,
1997.
Issued in Kansas City, Missouri, on July 2, 1997.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-18138 Filed 7-18-97; 8:45 am]
BILLING CODE 4910-13-U