[Federal Register Volume 65, Number 21 (Tuesday, February 1, 2000)]
[Rules and Regulations]
[Pages 4754-4755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2002]



[[Page 4754]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-92-AD; Amendment 39-11533; AD 2000-02-15]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Beech Models 
65-90, 65-A90, B90, and C90 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) Beech Models 65-90, 65-
A90, B90, and C90 airplanes that incorporate a certain engine and 
propeller configuration. This AD prohibits you from operating any 
affected airplane with this engine and propeller configuration and 
prohibits its future installation. Results of an accident investigation 
involving one of the affected airplanes reveals installation 
discrepancies with the engine and propeller configuration. These 
discrepancies, if not corrected, could lead to engine failure and the 
inability to feather the propeller. The actions specified by this AD 
are intended to prevent an uncontained engine failure due to suspect 
engine and propeller installation, which could result in loss of 
control of the airplane.

DATES:  Effective February 18, 2000.
    The FAA must receive any comments on this rule on or before March 
17, 2000.

ADDRESSES:  Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-92-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.
    You may examine information related to this AD at the FAA at the 
address above.

FOR FURTHER INFORMATION CONTACT:  Robert Bosak, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 
Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone: (770) 
703-6094; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The FAA has received two reports of engine power turbine failures 
on Raytheon Beech Model 65-A90 airplanes. Each of these airplanes had 
the original Pratt & Whitney PT6A-20 turboprop engines replaced with 
Motorlet, Walter M601E-11 turboprop engines (with Avia-Hamilton 
Standard VJ8-510 propellers). Supplemental Type Certificate (STC) 
SA01366AT contains the approval and procedures for this replacement. 
One of the engine failures was uncontained and one resulted in engine 
seizure on the opposite engine.
    Investigation of the incidents is ongoing; however, the FAA has 
identified several installation discrepancies. Among these are:

--The engine control electronic limiters (governors) were not 
installed. This system lowers the fuel delivery and, thus protects the 
engine against over-temperature at startup and overspeed at BETA 
control and reverse rating. This could result in engine failure due to 
overspeed and/or turbine over-temperature conditions;
--The required propeller de-icing system was not installed;
--The propeller feathering pump was not installed, which could prevent 
feathering of the propeller in the event of an engine seizure; and
--The cabin supercharger was not installed in a manner to assure proper 
pressurization of the aircraft.

What Are the Consequences If the Condition Is Not Corrected?

    These discrepancies, if not corrected, could lead to engine failure 
and the inability to feather the propeller. This could result in an 
uncontained engine failure with consequent loss of control of the 
airplane.

The FAA's Determination and an Explanation of the Provisions of the 
AD

What Has the FAA Decided?

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
relevant service information, the FAA has determined that:

--An unsafe condition exists or could develop on Raytheon Beech Models 
65-90, 65-A90, B90, and C90 airplanes of the same type design (to the 
airplanes referenced above) that incorporate STC SA01366AT; and
--AD action should be taken in order to prevent an uncontained engine 
failure due to suspect engine and propeller installation, which could 
result in loss of control of the airplane.

What Does This AD Require?

    This AD prohibits you from operating any affected airplane with STC 
SA01366AT incorporated and prohibits you from incorporating this STC in 
the future.

What Is the Compliance Time of This AD?

    The compliance time of both the operations and installation 
prohibition is ``as of the effective date of this AD.''

Will This Compliance Time Inadvertently Ground Airplanes?

    No. The only 2 airplanes that currently incorporate the 
configuration of the affected STC were involved in the referenced 
incidents. The engines of these airplanes will be replaced in 
accordance with the original type certificate data sheet (TCDS) or 
other FAA-approved STC. Basically, this AD prevents future installation 
of the configuration specified in STC SA01366AT.

Will the Public Have the Opportunity to Comment Prior to the Issuance 
of the Rule?

    No. Since a situation exists (possible uncontained engine failure) 
that requires the immediate adoption of this regulation, the FAA has 
determined 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 and was not 
preceded by notice and opportunity for public comment, the FAA invites 
comments on this rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ADDRESSES. The FAA will consider all comments received on or 
before the closing date. We may amend this rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of the AD action 
and determining whether we need to take additional rulemaking action.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more

[[Page 4755]]

clearly with the public. We are interested in your comments on whether 
the style of this document is clearer, and any other suggestions you 
might have to improve the clarity of FAA communications that affect 
you. You can get more information about the Presidential memorandum and 
the plain language initiative at http://www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may examine all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of this 
AD.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 99-CE-92-AD.'' We will date stamp and mail the 
postcard back to you.

Regulatory Impact

    These regulations will not have a substantial direct effect 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, the FAA has determined that 
this final rule does not have federalism implications under Executive 
Order 13132.
    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:

2000-02-15  Raytheon Aircraft Company (Type Certificate 3A20 
previously held by the Beech Aircraft Corporation): Amendment 39-
11533; Docket No. 99-CE-92-AD.

    (a) What airplanes are affected by this AD? Any Model 65-90, 65-
A90, B90, and C90 airplane (all serial numbers) that:
    (1) Has at least one Motorlet, Walter M601E-11 turboprop engine 
(with an Avia-Hamilton Standard VJ8-510 propeller) installed, in 
accordance with Supplemental Type Certificate (STC) SA01366AT; and
    (2) Is certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register.
    (c) What problem does this AD address? The actions required by 
this AD will prevent engine failure and the inability to feather the 
propeller caused by discrepancies in the engine and propeller 
installation.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:
    (1) Do not operate any airplane that has a Motorlet, Walter 
M601E-11 turboprop engine (with an Avia-Hamilton Standard VJ8-510 
propeller) installed, in accordance with STC SA01366AT.
    (2) Do not install, on any affected airplane, any Motorlet, 
Walter M601E-11 turboprop engine (with an Avia-Hamilton Standard 
VJ8-510 propeller), in accordance with STC SA01366AT.
    (e) What is the compliance time of all actions of this AD? As of 
the effective date of this AD.
    (f) Can I comply with this AD in any other way? Yes.
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Atlanta Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Atlanta ACO.
    (2) 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)(1) 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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.
    (g) Where can I get information about any already-approved 
alternative methods of compliance? Contact Robert Bosak, Aerospace 
Engineer, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; 
telephone: (770) 703-6094; facsimile: (770) 703-6097.
    (h) What if I need to fly the airplane to another location to 
comply with this AD? The FAA has determined that the nature of the 
unsafe condition does not warrant the issuance of a special flight 
permit under sections 21.197 and 21.199 of the Federal Aviation 
Regulations (14 CFR 21.197 and 21.199) to operate your airplane to a 
location where you can accomplish the requirements of this AD. The 
only 2 airplanes that currently incorporate the configuration of the 
affected STC were involved in the referenced incidents. The engines 
of these airplanes will be replaced in accordance with the original 
type certificate data sheet (TCDS) or other FAA-approved STC. 
Basically, this AD prevents future installation of the configuration 
specified in STC SA01366AT.
    (i) When does this amendment become effective? This amendment 
becomes effective on February 18, 2000.

    Issued in Kansas City, Missouri, on January 20, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-2002 Filed 1-31-00; 8:45 am]
BILLING CODE 4910-13-U