[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Proposed Rules]
[Pages 41842-41843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19745]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-61-AD; Amendment 39-11061; AD 99-05-13]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Beech 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; withdrawal of final rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes to withdraw Airworthiness Directive 
(AD) 99-05-13, which currently applies to Raytheon Aircraft Company 
(Raytheon) Beech 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. AD 99-05-13 requires installing a placard on the fuel tank 
selector to warn of the no-flow condition that exists between the fuel 
tank detents. Since the issuance of AD 99-05-13, the Federal Aviation 
Administration (FAA) has re-evaluated all information related to this 
subject, and determined that the subject matter in this AD is an 
operational issue and does not address an unsafe condition. 
Accordingly, this action proposes to withdraw AD 99-05-13.

DATES: Comments must be received on or before September 9, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Scott West, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4146; 
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

[[Page 41843]]

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

    AD 99-05-13, Amendment 39-11061 (64 FR 10560), currently requires 
installing a placard on the fuel tank selector to warn of the no-flow 
condition that exists between the fuel tank detents on Raytheon Beech 
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 AD was 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 of AD 99-05-13 were intended to prevent 
a lack of fuel flow to the engine caused by the incorrect positioning 
of the fuel selector, which could result in loss of engine power.

Events Leading to This Proposed Action

    The FAA has since evaluated all information related the subject 
matter of AD 99-05-13 and has determined that:

--The positioning of the fuel selector is an operational issue and not 
an unsafe condition under part 39 of the Federal Aviation Regulations 
(14 CFR part 39) and should be handled by other methods;
--Normal operating and procedural information such as this should be 
handled through regular revisions to the Airplane Flight Manual (AFM) 
or Pilot's Operating Handbook (POH); and
--By requiring a placard in an AD to convey normal operating 
information, the FAA reduces the pilots' sensitivity to true emergency 
information that should be conveyed by placards.

The FAA's Determination and Provisions of This Proposed Action

    Based on the above information, the FAA has determined that there 
is no need for AD 99-05-13 and that it should be withdrawn.
    This proposed action would withdraw AD 99-05-13. Withdrawal of AD 
99-05-13 would constitute only such action; and, if followed by a final 
action, would not preclude the agency from issuing another notice in 
the future, nor would it commit the agency to any course of action in 
the future.

Regulatory Impact

    Since this proposed action would only withdraw an AD, it is neither 
a proposed AD nor a final AD and, therefore, is not covered under 
Executive Order 12866, the Regulatory Flexibility Act, or DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Withdrawal

    Accordingly, AD 99-05-13, Amendment 39-11061, published in the 
Federal Register on March 5, 1999 (64 FR 10560), is proposed to be 
withdrawn.

    Issued in Kansas City, Missouri, on July 26, 1999.
Mike Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-19745 Filed 7-30-99; 8:45 am]
BILLING CODE 4910-13-U