[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Proposed Rules]
[Pages 45187-45189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22700]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 63, No. 164 / Tuesday, August 25, 1998 / 
Proposed Rules  

[[Page 45187]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-16-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Models B300 
and B300C 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 Raytheon Aircraft Company (Raytheon) Models 
B300 and B300C airplanes (commonly referred to as Beech Models B300 and 
B300C airplanes). The proposed action would require modifying the 
elevator trim tab actuators by incorporating a new elevator trim tab 
actuator assembly kit, replacing the elevator trim tab pushrod 
assembly, or modifying the elevator spar opening, whichever is 
applicable. Reports from operators of ice forming on the elevator trim 
tab actuators and jamming the trim tab control prompted the proposed 
action. The actions specified by the proposed AD are intended to 
prevent jamming of the elevator trim tab actuator caused by ice 
formations, which could result in loss of control of the airplane.

DATES: Comments must be received on or before October 20, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-16-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; telephone (800) 625-7043. This information also may be examined 
at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Steven E. Potter, Aerospace 
Engineer, Wichita Aircraft Certification Office, 1801 Airport Rd., RM 
100, Wichita, Kansas 67209; telephone (316) 946-4124; 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. 97-CE-16-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 Regional Counsel, Attention: 
Rules Docket No. 97-CE-16-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The FAA has recently received several reports that owners/operators 
are experiencing difficulty operating the elevator trim tabs in 
freezing weather conditions on certain Raytheon Models B300 and B300C 
airplanes. The elevator trim tab actuator spur gears are freezing up 
and jamming, causing immobilization of the elevator trim tab system. 
Investigation of the incident reports reveal that the spur gear in the 
drive mechanism is not breaking up the ice that is collecting in the 
elevator trim tab actuator. This condition could result in loss of 
mobility in the elevator trim tab system.
    Further analysis shows that a helical gear will allow the ice to be 
driven or crushed out of the gear mechanism more easily, allowing the 
elevator trim tab actuator to move more freely during these weather 
conditions.

Relevant Service Information

    Raytheon has issued Mandatory Service Bulletin No. 2620, Issued: 
November, 1996, which specifies procedures for modifying the elevator 
trim tab actuator by performing Part I, II, or III of the 
Accomplishment Instructions.
    The modification would be accomplished by either installing a new 
elevator actuator trim tab assembly kit, installing a push rod 
assembly, or modifying the elevator spar opening, whichever is 
applicable. The elevator trim tab actuator assembly kits (Raytheon 
Service Kit No. 130-5011-3 or No. 130-5011-9, whichever is applicable 
to the airplane's serial number) provide installation procedures for 
incorporating the assembly.

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 the elevator trim tab actuator from freezing 
and jamming, which, if not corrected, could cause 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 Models B300 and B300C airplanes of 
the same type design, the proposed AD would require modifying the 
elevator trim tab system. Accomplishment of the proposed AD

[[Page 45188]]

would be in accordance with Raytheon Mandatory Service Bulletin No. 
2620, Issued: November, 1996, and the elevator trim tab assembly kit 
installation instructions (Raytheon Service Kit No. 130-5011-3 or No. 
130-5011-9, whichever is applicable to the airplane's serial number).

Cost Impact

    The FAA estimates that 145 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 30 
workhours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $5,000 per airplane. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$986,000 or $6,800 per airplane.
    Raytheon has informed the FAA that parts have been distributed to 
equip 102 of the affected airplanes.
    The FAA would presume that 102 of the 145 airplanes would have 
already accomplished the proposed action, thereby reducing the number 
of affected airplanes from 145 to 43 airplanes, which would reduce the 
total cost impact on the U.S. operators from $986,000, to $292,400.

Regulatory Economic Analysis

    The Regulatory Flexibility Act of 1980 was enacted by Congress to 
ensure that small entities are not unnecessarily or disproportionately 
burdened by Government regulations. This Act established ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objectives of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
regulation''. To achieve this principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act covers a wide range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a ``significant economic impact on a substantial number of small 
entities.'' If the determination is that it will, the agency must 
prepare a Regulatory Flexibility Analysis as described in the Act. 
However, if after a review for a proposed or final rule, an agency 
determines that a rule is not expected to have a significant economic 
impact on a substantial number of small entities, Section 605(b) of the 
Act provides that the head of the agency may so certify and a 
Regulatory Flexibility Analysis is not required. The certification must 
include a statement providing the factual basis for this determination, 
and the reasoning should be clear.
    The FAA has determined that this proposed airworthiness directive 
(AD) would not have a significant economic impact on a substantial 
number of small entities.

Review To Determine the Need for a Regulatory Flexibility Analysis

    An examination of the U.S. Registered Aircraft Database indicated 
that there are 132 Beech B300 and B300C aircraft registered in the 
United States. Ownership is held by a large number and wide variety of 
entities, many of them recognizable as major corporations or as 
financial institutions that are believed to be leasing the aircraft to 
unnamed entities. Many of the small entities affected by this proposed 
AD are believed to be in either Standard Industrial Classification 
(SIC) 4522, ``Air Transportation, Nonscheduled'' or SIC 4581 
``Airports, Flying Fields, and Airport Terminal Services.'' Under the 
Small Business Administration (SBA) Table of Size Standards, March 1, 
1996, an entity in SIC 4522 would be a small entity if it has 1,500 or 
fewer employees and an entity in SIC 4581 would be a small entity if it 
has annual sales of $5 million or less. Thus, this proposed AD is 
believed likely to affect a substantial number of small entities.
    The cost that would be incurred in order to bring an airplane into 
compliance with the proposed AD has been estimated to be approximately 
$5,000 for parts and 30 hours of labor at $60 per hour for 
installation, a total of approximately $6,800 per airplane. All these 
costs are incurred at the time of installation. It is assumed that the 
modification of the elevator tab actuator mechanism and other 
associated modifications cause no significant changes in requirements 
for subsequent inspection and recordkeeping.
    It has been estimated that the proposed modification has already 
been accomplished on the majority of the aircraft covered by this 
proposed AD and that only 43 airplanes do not have the proposed 
modification incorporated. This implies that the total cost arising 
from the proposed AD would be approximately $300,000 ($6,800  x  43 = 
$292,400).
    A responsible range of annualized of costs arising from this 
proposed AD is suggested in the following table:

------------------------------------------------------------------------
                                                 Remaining              
                                                  life of     Annualized
          Cost of capital (% per yr.)             aircraft       cost   
                                                 (in years)             
------------------------------------------------------------------------
10............................................           20         $799
15............................................           20        1,086
10............................................           10        1,107
15............................................           10        1,355
------------------------------------------------------------------------

    The average annualized cost per airplane is estimated to be in the 
range of approximately $800 to $1,400 (consistent with 10 to 20 years 
of remaining life and a cost of capital of 10 to 15 percent per year). 
Market values for the affected airplanes are believed to be on the 
order of $2,000,000 or more, with some variation depending on the 
airplane's age, condition, and installed equipment. Costs for the 
required modifications would be in the order of one-third of one 
percent (($6,800/$2,000,000)  x  100% = 0.34%) of the market value of 
an affected airplane.
    Annual operating costs are estimated to include about $46,000 for 
fuel and at least $11,000 for crew. According to the General Aviation 
and Air Taxi Activity and Avionics Survey, Calendar Year 1995, FAA-APO-
97-4, these aircraft fly an average of about 270 hours per year (Table 
2.2). Average fuel consumption for a two-engine turboprop seating 1 
through 12 passengers is about 85 gallons per hour (Table 5.1). Recent 
prices for Jet A fuel are $2.00 per gallon (at http://
www.fillupflyer.com in May 1998). This implies average annual fuel 
costs of approximately $46,000 (270 hours  x  85 gallons/hour  x  $2/
gallon = $45,900). Two crewmembers paid a nominal $20 per hour would 
cost at least $11,000 (2  x  270 hours  x  $20 = $10,800). Annualized 
capital costs for the aircraft would be in the range of $235,000 
(capital recovery factor for 20 years at 10%  x  $2 million = $234,919) 
to $400,000 (capital recovery factor for 10 years at 15%  x  $2 million 
= $398,504). Costs for maintenance, insurance, and parking would 
further add to the total cost for owning and operating the aircraft, 
bringing the annual totals to the range of $300,000 to $500,000. In 
this context, the proposed AD's implied annualized costs in the range 
of $800 to $1,400 are less than three tenths of one percent of the 
annualized cost of owning and operating the aircraft, a level that is 
not believed to have a significant economic impact on the owner/
operator of such aircraft.
    On the basis of these considerations, the FAA has determined that, 
although a substantial number of small entities is likely to be 
affected by this proposed AD, there would not be a significant economic 
impact on these entities.

[[Page 45189]]

Based on the above analysis and findings, the FAA has determined that 
this proposed AD will not have significant economic impact on a 
substantial number of small entities.

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 Company (Type Certificate No. A24CE formerly held 
by Beech Aircraft Corporation): Docket No. 97-CE-16-AD.

    Applicability: The following models and serial number (S/N) 
airplanes, certificated in any category:

------------------------------------------------------------------------
               Models                             Serial Nos.           
------------------------------------------------------------------------
B300................................  FL-1 through FL-23, FL-25 through 
                                       FL134, FL-136, and FL-137.       
B300C...............................  FM-1 through FM-9, and FN-1.      
------------------------------------------------------------------------

    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 (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 within the next 200 hours time-in-service 
after the effective date of this AD, unless already accomplished.
    To prevent jamming of the elevator trim tab actuator caused by 
ice formations, which could cause loss of control of the airplane, 
accomplish the following:
    (a) Modify the elevator trim tab system in accordance with the 
Installations Instructions in Raytheon Kit Part Number (P/N) 130-
5011-3 or Raytheon Kit P/N 130-5011-9, which contain Beech Aircraft 
Corporation Drawing 130-5011, Revision E, dated March 21, 1996 as 
referenced in the COMPLIANCE section in the ACCOMPLISHMENT 
INSTRUCTIONS, PART I, PART II, or PART III (whichever is applicable 
to the airplane serial number) of Raytheon Mandatory Service 
Bulletin (MSB) No. 2620, Issued: November, 1996.

    Note 2: The MATERIALS section in Raytheon MSB No. 2620, Issued: 
November, 1996 provides a breakdown of the airplane Models and 
serial numbers affected by PART I, PART II, or PART III of the 
ACCOMPLISHMENT INSTRUCTIONS section.

    (b) 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.
    (c) 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, Room 
100, 1801 Airport Rd., 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.

    (d) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to Raytheon Aircraft 
Company, P.O. Box 85, Wichita, Kansas 67201-0085, or may examine 
these documents at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on August 18, 1998.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-22700 Filed 8-24-98; 8:45 am]
BILLING CODE 4910-13-U