[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Rules and Regulations]
[Pages 56163-56171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26867]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-209-AD; Amendment 39-11372; AD 99-21-26]
RIN 2120-AA64


Airworthiness Directives; Raytheon (Beech) Model 400, 400A, 400T, 
and MU-300-10 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Raytheon (Beech) Model 400, 400A, 400T, and 
MU-300-10 airplanes, that currently requires a revision to the Airplane 
Flight Manual (AFM) to provide pilots with special operating procedures 
during icing conditions. This amendment adds a requirement to modify 
the airplane ice protection system. This amendment also removes Model 
MU-300 airplanes from the applicability of the existing AD. This 
amendment is prompted by the development of a modification that will 
positively address the unsafe condition. The actions specified by this 
AD are intended to prevent uncommanded nose-down pitch at certain flap 
settings during icing conditions.

DATES: Effective November 22, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 22, 1999.

ADDRESSES: The service information referenced in this AD may be 
obtained from Raytheon Aircraft Company, Technical Services--Beech; 
P.O. Box 85, Wichita, Kansas 67201-0085. This information may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Small Airplane Directorate, Wichita Aircraft 
Certification Office, 1801 Airport Road, Room 100, Mid-Continent 
Airport, Wichita, Kansas; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tina L. Miller, Aerospace Engineer, 
Flight Test Branch, ACE-117W, FAA, Small Airplane Directorate, Wichita 
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4168; fax 
(316) 946-4407.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 94-25-10, 
amendment 39-9094 (59 FR 64112, December 13, 1994), which is applicable 
to all Raytheon (Beech) Model 400, 400A, 400T, and MU-300-10 airplanes, 
and all Mitsubishi Model MU-300 airplanes, was published in the Federal 
Register on February 26, 1997 (62 FR 8650). That action proposed to 
continue to require a revision to the Airplane Flight Manual (AFM) to 
provide pilots with special operating procedures during icing 
conditions, and proposed to require modification of the horizontal 
stabilizer ice protection system. That action also proposed to remove 
Model MU-300 airplanes from the applicability of the existing AD. [The 
FAA is in the process of issuing separate rulemaking action (Docket 96-
NM-210-AD) for Model MU-300 airplanes that will require, among other 
things, certain AFM revisions and installation of an ice detector on 
those airplanes.] That proposal was prompted by the development of a 
modification that will positively address the unsafe condition. The 
proposed requirements of that action are intended to prevent 
uncommanded nose-down pitch at certain flap settings during icing 
conditions.

Actions Since the Issuance of the NPRM

    The FAA has reviewed and approved Raytheon Service Instructions No. 
T-1A-0064 (undated). This service information describes procedures for 
installation of an additional anti-ice control valve and pressure 
switch for the bleed air supply in the aft fuselage compartment, and an 
ice detector on the nose of the aircraft, and related annunciators, 
relays, a selector switch, and electrical wiring in the flight 
compartment and fuselage areas. In addition, the service information 
contains a ``Note'' that provides procedures to perform if icing 
conditions are encountered during flight.

Comments to the NPRM

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Delay Issuance of the Final Rule

    One commenter requests that the FAA delay the issuance of the final 
rule until a new modification of the horizontal stabilizer icing 
protection system is available for field installation on the Model 
400T. The commenter states that such a modification would require less 
down time of the airplane and lower costs to the operator.
    The FAA considers that a delay in issuance of this final rule is 
unnecessary. The FAA considers that accomplishment of the actions 
required by the existing AD were adequate to prevent uncommanded nose-
down pitch at certain flap settings during icing conditions in the 
interim until the modification required by this final rule could be 
accomplished. However, as noted in the proposal, accomplishment of the 
modification of the ice protection system improves the ice protection 
of the horizontal stabilizer. Since such a modification is now 
available for Model 400T airplanes, the FAA has determined that it is 
appropriate to add a provision for accomplishment of this modification 
in this final rule. Paragraph (b)(2) of this AD has been revised 
accordingly.

Request To Revise the Cost Impact Paragraph

    This same commenter requests that the FAA revise the number of 
airplanes specified in the Cost Impact paragraph of the proposal to 
reflect the actual number of airplanes affected by the proposal. The 
manufacturer notes that there are currently 360 Raytheon (Beech) Model 
400, 400A, and 400T airplanes and MU-300-10 airplanes in the worldwide 
fleet, 64 Model 400 and MU-300-10 airplanes, 107 Model 400A airplanes, 
and 189 Model 400T airplanes of U.S. Registry.
    The FAA concurs with revising the number of airplanes, and the 
resulting revision of the cost estimate figures involved. However, 
since the submittal of the manufacturer's initial comments,

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the manufacturer has updated the correct number of airplanes again. The 
FAA has revised the Cost Impact paragraph of the final rule to specify 
the latest number of airplanes and the consequent revision of the cost 
estimate figures.

Request To Revise the Description of the Ice Protection System

    This same commenter also requests that the description of the ice 
protection specified in the Summary section of the proposed rule be 
clarified from ``horizontal stabilizer ice protection system * * *'' to 
specify ``airplane ice protection system.'' The manufacturer states 
that the proposal refers not only to the horizontal stabilizer ice 
protection, but pertains to the entire airplane's ice protection 
system.
    The FAA acknowledges that the actions specified in the final rule 
apply to the entire ``airplane'' ice protection system, although the 
modification applies primarily to the horizontal stabilizer ice 
protection system. The FAA has revised the final rule to reflect the 
description of the modification as the ``airplane ice protection 
system.''

Additional Change to the Final Rule

    As discussed previously, the FAA has reviewed and approved Raytheon 
Service Instructions No. T-1A-0064 (undated), which describes 
procedures for modification of the airplane ice protection system. The 
FAA has added the service instruction as the appropriate source of 
service information for accomplishment of the requirements of paragraph 
(b)(2) of this final rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 388 Raytheon (Beech) Model 400, 400A, 400T, 
and MU-300-10 airplanes of the affected design in the worldwide fleet.
    The FAA estimates that 64 Model 400 and MU-300-10 airplanes, 90 
Model 400A airplanes, and 183 Model 400T airplanes of U.S. registry 
will be affected by this AD.
    The actions that are currently required by AD 94-25-10 (AFM 
revision) take approximately 1 work hour per airplane to accomplish, at 
an average labor rate of $60 per work hour. Based on these figures, the 
cost impact on U.S. operators of the actions currently required is 
estimated to be $20,220, or $60 per airplane.
    For Model 400, 400A, and MU-300-10 airplanes: The modification that 
is required by this AD will take approximately 320 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Required parts will cost between $37,000 and $45,000 per airplane. 
Based on these figures, the cost impact on the requirements of this AD 
for U.S. operators of those airplanes is estimated to be between 
$8,654,800 and $9,886,800, or between $56,200 and $64,200 per airplane.
    For Model 400T airplanes: The modification required by this AD will 
take approximately 360 work hours per airplane to accomplish, at an 
average rate of $60 per work hour. Required parts will cost 
approximately $40,000 per airplane. Based on these figures, the cost 
impact of the AD on U.S. operators of those airplanes is estimated to 
be $11,272,800, or $61,600 per airplane. However, the FAA has been 
advised that, for Model 400T airplanes, the manufacturer has committed 
previously to its customers that it will bear the cost of replacement 
parts and labor costs necessary to accomplish the replacement of those 
parts. Therefore, the future economic cost impact of this rule on U.S. 
operators may be less than the cost impact figure indicated above.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from 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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9094 (59 FR 
64112, December 13, 1994), and by adding the following new 
airworthiness directive (AD), amendment 39-11372, to read as follows:
99-21-26 Raytheon Aircraft Company (Formerly Beech): Amendment 39-
11372. Docket 96-NM-209-AD. Supersedes AD 94-25-10, Amendment 39-
9094.

    Applicability: All Model 400, 400T, and MU-300-10 airplanes; and 
Model 400A airplanes having serial numbers RK-1 through RK-107 
inclusive; 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 (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 as indicated, unless accomplished 
previously.
    To prevent uncommanded nose-down pitch at certain flap settings 
during icing conditions, accomplish the following:
    (a) Within 20 days after December 28, 1994 (the effective date 
of AD 94-25-10, amendment 39-9094), revise the Limitations

[[Page 56165]]

Section and Normal Procedures Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following text. This may be 
accomplished by inserting a copy of this AD in the AFM.

``ICING CONDITIONS

    If icing conditions are encountered during flight, no greater 
than 10 degrees flaps may be utilized for landing unless the 
following conditions are met:

1. The icing conditions were encountered for less than 10 minutes, 
and the Ram Air Temperature (RAT) during such encounter was warmer 
than -8 degrees C.

Or

2. A RAT of +5 degrees C or warmer is observed during approach and 
landing.

    If either of the above two conditions is met, 30 degrees flaps 
may be utilized for landing.
    Otherwise:

Flaps (landing flaps setting).............  10 degrees
Land Select (LAND SEL) Switch.............  Flaps 10 degrees
 

    Use landing data for 10 degrees flaps from Appendix 1 of this 
AD.''
    (b) Within 2 years after the effective date of this AD, 
accomplish the actions specified in paragraph (b)(1) or (b)(2) of 
this AD, as applicable.
    (1) For Model 400, 400A, and MU-300-10 airplanes: Modify the 
airplane ice protection system in accordance with Beechcraft Service 
Bulletin No. 2600, dated November 1995. Accomplishment of this 
modification constitutes terminating action for the AFM revision 
required by paragraph (a) of this AD. Following such accomplishment, 
that AFM revision may be removed from the AFM.
    (2) For Model 400T airplanes: Accomplish the actions specified 
in accordance with either paragraph (b)(2)(i) or (b)(2)(ii) of this 
AD.
    (i) Accomplish the actions specified in paragraph (b)(2)(i)(A) 
and (b)(2)(i)(B) of this AD.
    (A) Revise the Limitations Section and Normal Procedures Section 
of the FAA-approved Airplane Flight Manual (AFM) to include the 
following text. This may be accomplished by inserting a copy of this 
AD in the AFM. Following such accomplishment, the AFM revision 
required by paragraph (a) of this AD may be removed from the AFM.

``ICING CONDITIONS

    If icing conditions are encountered during flight, no greater 
than 10 degrees flaps may be utilized for landing unless the 
following conditions are met:

1. The icing conditions were encountered for less than 10 minutes, 
and the Ram Air Temperature (RAT) during such encounter was warmer 
than -8 degrees C.

Or

2. A RAT of +5 degrees C or warmer is observed during approach and 
landing.

    If either of the above two conditions is met, 30 degrees flaps 
may be utilized for landing.

    Note: Do not operate anti-ice system at ram air temperatures 
greater than 50 degrees F (10 degrees C) unless in actual icing 
conditions, as indicated by the illumination of the ICING 
annunciator or airframe ice accumulation.''

    (B) Modify the airplane ice protection system in accordance with 
Raytheon Beech Service Instructions No. T-1A-0064 (undated). 
Accomplishment of the modification does not constitute terminating 
action for the requirement to revise the AFM in accordance with 
paragraph (b)(2)(i)(A) of this AD.
    (ii) Modify the airplane ice protection system in accordance 
with a method approved by the Manager, Wichita Aircraft 
Certification Office (ACO), FAA, Small Airplane Directorate.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Wichita ACO. Operators shall submit 
their requests through an appropriate FAA Principal 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.

Special Flight Permits

    (d) 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.

Incorporation by Reference

    (e) Except as provided by paragraphs (a), (b)(2)(i)(A), and 
(b)(2)(ii) of this AD, the actions shall be done in accordance with 
Beechcraft Service Bulletin No. 2600, dated November 1995, or 
Raytheon Service Instructions No. T-1A-0064 (undated). 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 inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
FAA, Small Airplane Directorate, Wichita Aircraft Certification 
Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, 
Kansas; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on November 22, 1999.
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    Issued in Renton, Washington, on October 7, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-26867 Filed 10-15-99; 8:45 am]
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