[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Rules and Regulations]
[Pages 31916-31918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15202]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-55-AD; Amendment 39-10590; AD 98-13-02]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Models 35, 
A35, B35, and 35R Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to Raytheon Aircraft Company (Raytheon) Models 35, A35, B35, 
and 35R airplanes (commonly referred to as Beech Models 35, A35, B35, 
and 35R airplanes). This AD requires fabricating a placard that 
restricts the never exceed speed (Vne) to no more than 144 miles per 
hour (MPH) or 125 knots (KTS) indicated airspeed (IAS), and installing 
this placard on the instrument panel within the pilot's clear view. 
This AD also requires marking a red line on the airspeed indicator 
glass at 144 MPH (125 KTS), marking a white slippage mark on the 
outside surface of the airspeed indicator between the glass and case, 
and inserting a copy of this AD into the Limitations Section of the 
airplane flight manual (AFM). This AD is the result of several 
occurrences of in-flight vibration on the affected airplanes. The 
actions specified by this AD are intended to prevent in-flight 
vibrations caused by the affected airplanes operating at excessive 
speeds, which could result in airplane damage and possible loss of 
control of the airplane.

DATES: Effective July 7, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before August 10, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-55-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Information that relates to this AD may be examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 98-CE-55-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Litke, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4127; 
facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has recently received reports of several incidents of in-
flight vibrations on Raytheon Models 35, A35, B35, and 35R airplanes 
(commonly referred to as Beech Models 35, A35, B35, and 35R airplanes).
    These incidents are unrelated to AD 94-20-04, Amendment 39-9032 (59 
FR 49785, September 30, 1994), which currently requires, among other 
things, balancing the ruddervators (off the airplane) anytime the 
ruddervator is repaired or repainted on Raytheon 35 series airplanes. 
Of the 10 incidents since AD 94-20-04 became effective, 7

[[Page 31917]]

of the affected airplanes had ruddervators that were balanced and 3 of 
the affected airplanes had ruddervators that were out-of-balance.
    Post-flight inspections of the airplanes involved in the above-
referenced incidents have revealed cracked bulkheads and wrinkled skin 
in the aft fuselage; and broken spars, broken hinges, and bent skin on 
the stabilizers and ruddervators.
    The Raytheon Models 35, A35, B35, and 35R airplanes are equipped 
with ``V-tails'' that have a narrow chord stabilizer without 
reinforcing cuffs. The FAA's preliminary investigation reveals the 
possibility of an unstable flutter mode in the 160 to 170 MPH range for 
the Raytheon Models 35, A35, B35, and 35R airplanes. This unstable mode 
is not likely to occur on other Raytheon airplane models with ``V-
tail'' configurations.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, the FAA has 
determined that AD action should be taken to prevent in-flight 
vibrations caused by the affected airplanes operating at excessive 
speeds, which could result in airplane damage and possible loss of 
control of the airplane.

Explanation of the Provisions of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Raytheon Models 35, A35, B35, and 35R 
airplanes of the same type design, the FAA is issuing an AD. This AD 
requires:

--Fabricating a placard that restricts the never exceed speed (Vne) to 
no more than 144 miles MPH or 125 KTS IAS, and installing this placard 
on the instrument panel within the pilot's clear view;
--Marking a red line on the airspeed indicator glass at 144 MPH (125 
KTS);
--Marking a white slippage mark on the outside surface of the airspeed 
indicator between the glass and case; and
--Inserting a copy of this AD into the Limitations Section of the AFM.

Possible Follow-Up AD Action

    Raytheon is also reviewing the information related to the 
occurrences referenced in this AD and may develop a modification that, 
when incorporated, would eliminate the need for the speed restrictions 
required by this AD. The FAA will review any modification that is 
developed, determine whether it would eliminate the need for the 
requirements of this action, and then determine whether additional AD 
action is necessary.

Determination of the Effective Date of the AD

    Since a situation exists (possible loss of control of the airplane 
due to in-flight vibrations) that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for public 
prior comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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 rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-CE-55-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    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 (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

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 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:

98-13-02  Raytheon Aircraft Company (Type Certificate No. A24CE 
formerly held by the Beech Aircraft Corporation): Amendment 39-
10590; Docket No. 98-CE-55-AD.

    Applicability: Models 35, A35, B35, and 35R 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 (f) 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

[[Page 31918]]

been eliminated, the request should include specific proposed 
actions to address it.
    Compliance: Required within the next 10 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent in-flight vibrations caused by the affected airplanes 
operating at excessive speeds, which could result in airplane damage 
and possible loss of control of the airplane, accomplish the 
following:
    (a) Fabricate a placard that restricts the never exceed speed 
(Vne) to no more than 144 miles per hour (MPH) or 125 knots (KTS) 
indicated airspeed (IAS), and install this placard on the instrument 
panel within the pilot's clear view. The placard should utilize 
letters of at least 0.10-inch in height and contain the following 
words:
    ``Never exceed speed, Vne, 144 MPH (125 KTS) IAS''
    (b) Mark a red line on the airspeed indicator glass at 144 MPH 
(125 KTS) and mark a white slippage mark on the outside surface of 
the airspeed indicator between the glass and case.
    (c) Insert a copy of this AD into the Limitations Section of the 
airplane flight manual (AFM).
    (d) Fabricating and installing the placard as required by 
paragraph (a) of this AD and inserting this AD into the Limitations 
Section of the AFM as required by paragraph (c) 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 43.7), and must be entered into the aircraft 
records showing compliance with this AD in accordance with section 
43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (e) 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.
    (f) 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.

    (g) Information related to this AD may be examined at the FAA, 
Central Region, Office of the Regional Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri.
    (h) This amendment becomes effective on July 7, 1998.

    Issued in Kansas City, Missouri, on June 2, 1998.
Ronald K. Rathgeber,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-15202 Filed 6-10-98; 8:45 am]
BILLING CODE 4910-13-U