[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Rules and Regulations]
[Pages 59705-59707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25148]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-29-AD; Amendment 39-11918; AD 2000-20-07]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Beech Models 
1900, 1900C, and 1900D Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Raytheon Aircraft Company (Raytheon) Beech Models 
1900, 1900C, and 1900D airplanes. This AD requires you to modify the 
cockpit voice recorder (CVR) system. This AD is the result of instances 
where the recording quality of the CVR in the affected airplanes was so 
poor that the information was practically unrecoverable. The actions 
specified by this AD are intended to correct substandard quality 
cockpit voice recordings caused by the configuration of the present CVR 
system, which could affect air safety if important information that the 
CVR provides is not available after an accident. This information helps 
determine the probable cause of an accident and aids in developing 
necessary corrective action or design changes to prevent future 
accidents.

DATES: This AD becomes effective on November 22, 2000.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
November 22, 2000.

ADDRESSES: You may get the service information referenced in this AD 
from the Raytheon Aircraft Company, PO Box 85, Wichita, Kansas 67201-
0085; telephone: (800) 625-7043 or (316) 676-4556.
    You may examine this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2000-CE-29-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or at the Office of the Federal Register, 800 
North Capitol Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Harvey E. Nero, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4137; 
facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

    What caused this AD? The FAA has received reports of six instances 
where the recording quality of the cockpit voice recorder (CVR) system 
in Raytheon Beech Models 1900, 1900C, and 1900D airplanes was so poor 
that the information was practically unrecoverable.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to certain Raytheon Beech Models 1900, 
1900C, and 1900D. This proposal was published in the Federal Register 
as a notice of proposed rulemaking (NPRM) on June 14, 2000 (65 FR 
37311). The NPRM proposed to require you to modify the cockpit voice 
recorder (CVR) system.
    Accomplishment of the proposed action as specified in the NPRM 
would be required in accordance with Raytheon Recommended Service 
Bulletin SB 23-3094, Issued: November, 1999.
    What is the potential impact if FAA took no action? This condition, 
if not corrected, could affect air safety if important information that 
the CVR provides is not available after an accident. This information 
helps determine the probable cause of an accident and aids in 
developing necessary corrective action or design changes to prevent 
future accidents.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. The following 
presents the concerns received on the proposal and FAA's response to 
these concerns:

Comment Disposition

    What is the commenter's concerns? The commenter requests that FAA:
     Clearly define in the AD that the CVR must be installed 
and not just the incorporation of a kit; and
     Identify all affected CVR's by manufacturer or model 
number.
    The commenter operates several of the affected airplanes in a 
configuration of freight-only, single pilot. These airplanes 
incorporate supplemental type certificates that allow operation with 
nine or fewer passengers and freight conversions. Under section 135.151 
of the Federal Aviation Regulations (14 CFR 135.151), this operator 
does not have to operate with a CVR. The commenter believes that FAA 
could eliminate confusion as to whether the AD applied if the 
Applicability of the AD was written to specify that the CVR must be 
installed. Then, if you installed the CVR in the future, you would have 
to comply with the AD.
    The commenter believes that identifying the CVR by manufacturer or 
model number would also clarify the Applicability of the AD.
    What is FAA's Response to the Concerns? We concur that specifying 
that the CVR must be installed would clarify the Applicability of the 
AD. We have changed the wording in the final rule accordingly.
    We do not concur with including the manufacturer or model number of 
the CVR in the Applicability of the AD. The intent of the AD is to 
modify the configuration of the CVR system, which includes the wiring 
and audio amplifier.

[[Page 59706]]

The AD applies regardless of the CVR unit make and model that is 
installed.

The FAA's Determination

    What is FAA's final determination on this issue? We carefully 
reviewed all available information related to the subject presented 
above and determined that air safety and the public interest require 
the adoption of the rule as proposed except for the change discussed 
above and minor editorial changes. These changes provide the intent 
that was proposed in the NPRM for correcting the unsafe condition and 
do not impose any additional burden than what was intended in the NPRM.

Compliance Time of This AD

    What is the compliance time of this AD? The compliance time of this 
AD is ``within 12 months after the effective date of this AD.''
    Why is the compliance in calendar time instead of hours time-in-
service (TIS)? The unsafe condition defined in this document is not a 
result of the number of times the airplane is operated, rather is a 
result of the present configuration of the CVR system. The chance of 
this situation occurring is the same for an airplane with 100 hours 
time-in-service (TIS) as it is for an airplane with 1,000 hours TIS. 
For this reason, FAA has determined that a compliance based on calendar 
time should be utilized in this AD in order to assure that the unsafe 
condition is addressed on all airplanes in a reasonable time period.

Cost Impact

    What is the cost impact of this AD on owners/operators of the 
affected airplanes? The following chart provides estimates of the cost 
this AD would impose upon the public:

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                                      No. of
              Action                airplanes          Labor costs          Parts cost         Cost impact
                                     affected
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Replacement/Incorporation of               119  8 workhours at $60 per          $1,728  $262,752, or $2,208 per
 Modification kit.                               hour=$480 per airplane.                 airplane.
Audio Amplifier Modification and           377  8 workhours at $60 per             679  $436,943, or $1,159 per
 Electrical Wiring Changes.                      hour=$480 per airplane.                 airplane.
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Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? 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 copy 
of the final evaluation prepared for this action is contained 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under 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:

2000-20-07  Raytheon Aircraft Company (The Beech Aircraft 
Corporation previously held Type Certificate No. A24CE): Amendment 
39-11918; Docket No. 2000-CE-29-AD.

    (a) What airplanes are affected by this AD? The following 
airplane models and serial numbers that are certificated in any 
category and are required to have a cockpit voice recorder (CVR) 
installed:

------------------------------------------------------------------------
            Models                             Serial No.
------------------------------------------------------------------------
1900 and 1900C...............  All serial number airplanes with the
                                applicable Raytheon Aircraft Company
                                (RAC) Kit No. 114-3020 variation (-1, -
                                3, -7, or -9) incorporated.
1900 and 1900C...............  All serial number airplanes with RAC Kit
                                No. 114-3032-1 incorporated.
1900 and 1900C...............  All serial number airplanes with RAC Kit
                                No. 114-3008-1 incorporated.
1900 and 1900C...............  All serial number airplanes where RAC
                                installed the CVR.
1900D........................  UE-1 through UE-376.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register must comply with 
this AD.
    (c) What problem does this AD address? The actions specified in 
this document are intended to correct substandard quality cockpit 
voice recordings caused by the configuration of the present CVR 
system, which could affect air safety if important information that 
the CVR provides is not available after an accident. This 
information helps determine the probable cause of an accident and 
aids in developing necessary corrective action or design changes to 
prevent future accidents.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 59707]]



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                    Action                            Compliance time                    Procedures
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(1) Accomplish the CVR system modifications     Within 12 months after the  Do the modifications in accordance
 specified in Raytheon Recommended Servcie       effective date of this AD.  with procedures in the
 Bulletin SB 23-3094, Issued: November, 1999.                                ACCOMPLISHMENT INSTRUCTIONS section
                                                                             of Raytheon Recommended Service
                                                                             bulletin SB 23-3094, Issued:
                                                                             November, 1999.
(2) Do not install a CVR on any of the          As of the effective date    Not Applicable.
 affected airplanes without incorporating the    of this AD.
 modifications required by paragraph (d)(1) of
 this AD.
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    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Wichita 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, Wichita ACO.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? You may contact Harvey Nero, 
Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 
Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; 
telephone: (316) 946-4137; facsimile: (316) 946-4407.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue 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.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Raytheon Recommended Service Bulletin SB 23-3094, Issued: 
November, 1999. The Director of the Federal Register approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. 
You can get copies from the Raytheon Aircraft Corporation, P.O. Box 
85, Wichita, Kansas 67201-0085. You can look at copies at the FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on November 22, 2000.

    Issued in Kansas City, Missouri, on September 26, 2000.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate,, Aircraft Certification 
Service.
[FR Doc. 00-25148 Filed 10-5-00; 8:45 am]
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