[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Proposed Rules]
[Pages 54399-54401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27195]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-61-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company 17, 18, 19, 
23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 
65, 70, 76, 77, 80, 88, and 95 Series 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 certain Raytheon Aircraft Company (Raytheon) 
17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 
58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 series airplanes. The 
proposed AD would require installing a placard on the fuel tank 
selector to warn of the no-flow condition that exists between the fuel 
tank detents. The proposed AD is the result of reports of engine 
stoppage on the affected airplanes where the cause was considered to be 
incorrect positioning of the fuel selector. The actions specified by 
the proposed AD are intended to help prevent a lack of fuel flow to the 
engine caused by incorrect positioning of the fuel selector, which 
could result in loss of engine power.

DATES: Comments must be received on or before December 18, 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-61-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 the 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: Mr. Randy Griffith, Aerospace 
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport 
Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 
946-4145; 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. 98-CE-61-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. 98-CE-61-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The FAA has received several reports of engine stoppage on Raytheon 
17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 
58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 series airplanes. These 
incidents are believed to be attributed to incorrect positioning of the 
fuel selector, e.g., fuel shutoff, cross-feed selector for twin engine 
aircraft, tank selector. No mechanism exists to prevent positioning of 
the selector between any selection and no warning light exists to warn 
the pilot of incorrect positioning.
    With the selector positioned between a selection, a lack of fuel 
flow to the engine could result with consequent loss of engine power.

Relevant Service Information

    Raytheon has issued Mandatory Service Bulletin (SB) No. 2670, 
Revision No. 1, dated May, 1998, which specifies procedures for 
installing a placard, part number 36-920059-1, on the fuel tank 
selector to warn of the no-flow condition that exists between the fuel 
tank detents.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
above-referenced service information, the FAA has determined that AD 
action should be taken to prevent a lack of fuel flow to the engine 
caused by incorrect positioning of the fuel selector, which could 
result in loss of engine power.

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 17, 18, 19, 23, 24, 33, 35, 36/A36, 
A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 65, 70, 76, 77, 80, 88, 
and 95 series airplanes of the same type design, the FAA is proposing 
AD action. The proposed AD would require installing a placard, part 
number 36-920059-1, on the fuel tank selector to warn of the no-flow 
condition that exists between the fuel tank detents. Accomplishment of 
the proposed installation would be in accordance with the service 
information previously referenced.

Cost Impact

    The FAA estimates that 15,200 airplanes in the U.S. registry would 
be affected by the proposed AD. The placard that would be required for 
the proposed AD may be obtained through a Raytheon Aircraft Authorized 
Service Center at no cost to the owners/operators of the affected 
airplanes. Since an owner/operator who holds at least a private pilot's 
certificate as authorized by Secs. 43.7 and 43.9 of the Federal 
Aviation Regulations (14 CFR 43.7 and

[[Page 54400]]

43.9) may accomplish the proposed placard installation, the only cost 
impact upon the public would be the approximately 30 minutes it would 
take each owner/operator to install the placard.

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 (All type certificates of the affected 
airplanes previously held by the Beech Aircraft Corporation): Docket 
No. 98-CE-61-AD.

    Applicability: The following airplane models and serial numbers, 
certificated in any category:

------------------------------------------------------------------------
                Model                             Serial No.
------------------------------------------------------------------------
B17L................................  All serial numbers.
SB17L...............................      Do.
B17B................................      Do.
B17R (Army UC-43H)..................      Do.
C17L (Army UC-43J)..................      Do.
SC17L...............................      Do.
C17B (Army UC-43G)..................      Do.
SC17B...............................      Do.
C17R (Army UC-43E)..................      Do.
SC17R...............................      Do.
D17A (Army UC-43F)..................      Do.
D17R (Army UC-43A)..................      Do.
D17S (Army UC-43, UC-43B, Navy GB-1,      Do.
 GB-2).
SD17S...............................      Do.
E17B (Army UC-43D...................      Do.
SE17B...............................      Do.
E17L................................      Do.
F17D (UC-43C).......................      Do.
SF17D...............................      Do.
G17S................................      Do.
D18S................................      Do.
E18S................................      Do.
E18S-9700...........................      Do.
G18S................................      Do.
G18S-9150...........................      Do.
H18.................................      Do.
A23-19..............................      Do.
19A.................................      Do.
M19A................................      Do.
B19.................................      Do.
23..................................      Do.
A23.................................      Do.
A23A................................      Do.
B23.................................      Do.
C23.................................      Do.
A23-24..............................      Do.
A24.................................      Do.
A24R................................      Do.
B24R................................      Do.
C24R................................      Do.
F33A................................  CE-290 through CE-1791.
E33C and F33C.......................  CJ-26 through CJ-179.
35..................................  All serial numbers.
35R.................................      Do.
A35.................................      Do.
B35.................................      Do.
C35.................................      Do.
D35.................................      Do.
E35.................................      Do.
F35.................................      Do.
G35.................................      Do.
H35.................................      Do.
J35.................................      Do.
K35.................................      Do.
M35.................................      Do.
N35.................................      Do.
P35.................................      Do.
S35.................................      Do.
V35.................................      Do.
V35TC...............................      Do.
V35A................................      Do.
V35A-TC.............................      Do.
V35B................................      Do.
V35B-TC.............................      Do.
36..................................      Do.
A36.................................  E-185 through E-3046.
A36TC...............................  All serial numbers.
B36TC...............................  EA-242 through EA-591.
45..................................  All serial numbers.
A45.................................      Do.
D45.................................      Do.
50..................................      Do.
B50.................................      Do.
C50.................................      Do.
D50.................................      Do.
D50A................................      Do.
D50B................................      Do.
D50C................................      Do.
D50E................................      Do.
E50.................................      Do.
F50.................................      Do.
G50.................................      Do.
H50.................................      Do.
J50.................................      Do.
95-55...............................      Do.
95-A55..............................      Do.
95-B55..............................      Do.
95-C55..............................      Do.
D55.................................      Do.
E55.................................      Do.
56TC................................      Do.
A56TC...............................      Do.
58..................................  TH-1 through TH-1798.
58P.................................  All serial numbers.
58TC................................      Do.
60..................................      Do.
A60.................................      Do.
B60.................................      Do.
65..................................      Do.
A65.................................      Do.
A65-8200............................      Do.
70..................................      Do.
76..................................      Do.
77..................................      Do.
65-80...............................      Do.
65-A80..............................      Do.
65-B80..............................      Do.
65-88...............................      Do.
95..................................      Do.
B95.................................      Do.
B95A................................      Do.
D95A................................      Do.
E95.................................      Do.
------------------------------------------------------------------------

    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 75 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent a lack of fuel flow to the engine caused by incorrect 
positioning of the fuel

[[Page 54401]]

selector, which could result in loss of engine power, accomplish the 
following:
    (a) Install a placard, part number 36-920059-1, on the fuel tank 
selector to warn of the no-flow condition that exists between the 
fuel tank detents. Accomplish this installation in accordance with 
Raytheon Mandatory Service Bulletin No. 2670, Revision No. 1, dated 
May, 1998.
    (b) Installing the placard, as specified in paragraph (a) of 
this AD, 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. 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (c) Special flight permits may be issued in accordance with 
Secs. 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 
(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.

    (e) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to the Raytheon 
Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; or may 
examine this document 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 October 5, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-27195 Filed 10-8-98; 8:45 am]
BILLING CODE 4910-13-U