[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Proposed Rules]
[Pages 16422-16425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7334]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93-CE-37-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Beech Models 
C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, 
and V35B Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to revise Airworthiness Directive (AD) 
94-20-04, which currently requires ruddervator inspections, 
modifications, and operating limitations on certain Raytheon Aircraft 
Company (Raytheon) Beech Models 35, 35R, A35, B35, C35, D35, E35, F35, 
G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, and V35B airplanes. 
This proposed AD is the result of information received from the field 
on the ability to accomplish and understand this existing AD. The 
proposed AD would condense and clarify the information presented in AD 
94-20-04 and would remove the Beech Models 35, 35R, A35, and B35 
airplanes from the applicability of AD 94-20-04. We are incorporating 
the actions applicable to the Beech Models 35, 35R, A35, and B35 
airplanes into another proposed AD action. The actions specified by the 
proposed AD are intended to continue to prevent structural failure of 
the V-tail, which could result in loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this rule on or before May 25, 2001.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 93-CE-37-AD, 901 
Locust, Room 506, 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, PO Box 85, Wichita, Kansas 67201-
0085; telephone: (800) 625-7043 or (316) 676-4556. This information 
also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. T.N. Baktha, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4155; 
facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on the proposed AD? The FAA invites comments on 
this proposed 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 
heading ADDRESSES. The FAA will consider all comments received on or 
before the closing date. We may amend the proposed rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
proposed AD action and determining whether we need to take additional 
rulemaking action.
    Are there any specific portions of the proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
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 the proposed AD.
    We are 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 clearly with the public. We are interested in your comments on 
whether the style of this document is clear, 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.
    How can I be sure FAA receives my comment? 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. 93-CE-37-AD.'' We will date stamp and mail the postcard back 
to you.

Discussion

    Has FAA taken any action on the Raytheon airplane ruddervator 
system to this point? The following paragraphs

[[Page 16423]]

describe AD's that FAA issued to address the V-tail structure on 
Raytheon Beech 35 series airplanes.
    AD 94-20-04, Amendment 39-9032 (59 FR 49785, September 30, 1994), 
currently requires the following on certain Beech Models 35, 35R, A35, 
B35, C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, 
V35A, and V35B airplanes:

--Checking the ruddervator static balance and rebalancing the 
ruddervators when the balance is not in accordance with manufacturer's 
specifications or anytime the ruddervators are repaired or repainted;
--Repetitively inspecting the fuselage bulkheads for damage, and 
replacing any damaged parts;
--Installing stabilizer reinforcements for some airplane models, as 
applicable;
--Fabricating and installing airspeed limitation placards;
--Incorporating certain airspeed limitations into the airplane flight 
manual/pilot's operating handbook (POH/AFM);
--Inspecting the empennage, aft fuselage, and ruddervator control 
system for damage, and replacing or repairing any damaged parts; and
--Ensuring the accuracy of the airplane basic weight and balance 
information, and immediately correcting any discrepancies.

    Accomplishment of these actions is required in accordance with the 
instructions to either Beech Kit No. 35-4016-3, 35-4016-5, 35-4016-7, 
or 35-4016-9, as applicable and as specified in Beech Service Bulletin 
(SB) No. 2188, dated May, 1987, and the applicable maintenance and shop 
manuals.
    AD 98-13-02, Amendment 39-10590 (63 FR 31916, June 11, 1998), 
currently requires operating limitations in order to address 
ruddervator problems on Beech Models 35, A35, B35, and 35R airplanes.
    What has happened since AD 94-20-04 and AD 98-13-02 to initiate 
this action? AD 94-20-04 contains minor errors and FAA receives 
periodic calls from the public for clarification.
    In addition, Raytheon has issued Recommended Service Bulletin No. 
SB 27-3358, Issued: February, 2000, which includes procedures for 
inspecting the aft fuselage, ruddervator, and related systems for 
acceptable condition and rebalancing the ruddervators to new 
specifications (upper limit reduced from 19.8 to 18 inch-pounds (tail 
heavy)). Accomplishing these inspections would eliminate the need for 
the operating limitations of AD 98-13-02.

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

    What has FAA decided? After examining the circumstances and 
reviewing all available information related to the incidents described 
above, we have determined that:

--The unsafe condition referenced in this document still exists or 
could develop on other Raytheon Beech Models C35, D35, E35, F35, G35, 
H35, J35, K35, M35, N35, P35, S35, V35, V35A, and V35B of the same type 
design;
--The actions of AD 94-20-04 should be condensed and clarified;
--The Beech Models 35, A35, B35, and 35R airplanes should be removed 
from the applicability of AD 94-20-04 and the actions of that AD for 
these airplanes should be combined with AD 98-13-02; and
--AD action should be taken in order to continue to prevent structural 
failure of the V-tail, which could result in loss of control of the 
airplane.

    What would the proposed AD require? This proposed AD would revise 
AD 94-20-04, would condense and clarify the information presented in 
this AD, and would remove the Beech Models 35, 35R, A35, B35 airplanes 
from the Applicability of AD 94-20-04. We are proposing to incorporate 
the actions applicable to the Beech Models 35, 35R, A35, and B35 
airplanes into another proposed AD action.
    The operating limitations from AD 94-20-04 for the Beech Models 
C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, 
and V35B airplanes are not included in this proposed AD because the 
other actions retained from AD 94-20-04 make them unnecessary.
    The repetititive inspections currently required by AD 94-20-04 for 
Beech Models 35, 35R, A35, and B35 airplanes will be incorporated into 
another proposed AD action, and will be accomplished in accordance with 
Raytheon Recommended Service Bulletin No. SB 27-3358, Issued: February, 
2000.

Cost Impact

    How many airplanes would the proposed AD impact? We estimate that 
the proposed AD affects 10,200 airplanes in the U.S. registry.
    What would be the cost impact of the proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
accomplish the proposed initial inspections. These cost figures are 
exactly the same as what is currently required by AD 94-20-04. This 
proposed AD presents no new costs upon the public:

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                                                                                                  Total cost on
              Labor cost                        Parts cost            Total cost per airplane    U.S. operators
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40 workhours at $60 per hour=$2,400...  Not applicable............  $2,400 per airplane.......       $24,480,000
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    The above figures are based only on the initial inspections and do 
not take into account the cost of repetitive inspections or 
adjustments, repairs, or replacements that would be necessary based on 
the results of the inspections. We have no way of determining the 
number of repetitive inspections each owner/operator of the affected 
airplanes would incur or what adjustments, repairs, or replacements may 
be necessary based on the results of the inspections.

Regulatory Impact

    Would this proposed AD impact various entities? The regulations 
proposed herein would 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 
proposed rule would not have federalism implications under Executive 
Order 13132.
    Would this proposed 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) 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

[[Page 16424]]

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, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations 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. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 
94-20-04, Amendment 39-9032 (59 FR 49785, September 30, 1994), and by 
adding a new AD to read as follows:

Raytheon Aircraft Company (Beech Aircraft Corporation formerly held 
Type Certificate (TC) No. A-777 and TC No. 3A15): Docket No. 93-CE-
37-AD; Revises AD 94-20-04, Amendment 39-9032.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplanes that are certificated in any category:
    (1) Beech Models C35, D35, E35, F35, G35, H35, J35, K35, M35, 
N35, and P35 airplanes, all serial numbers; and
    (2) Beech Models S35, V35, V35A, and V35B airplanes, all serial 
numbers, that do not have the straight tail conversion modification 
incorporated in accordance with Supplemental Type Certificate (STC) 
SA2149CE.

    Note 1: Beech Models 35, 35R, A35, B35 airplanes were included 
in the Applicability of AD 94-20-04. We have removed the Beech 
Models 35, 35R, A35, and B35 airplanes from the Applicability 
Section of this AD and incorporated the actions applicable to these 
airplanes into another AD action.

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent structural failure of the V-tail, 
which could result in loss of control of the airplane.
    (d) What actions must I accomplish to address this problem on 
the affected airplanes? To address this problem on the affected 
airplanes, accomplish the following:

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           Actions                 Compliance            Procedures
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(1) Verify that the           Within the next 100   Verify in accordance
 ruddervator balance is        hours TIS after       with the applicable
 within the manufacturer's     November 28, 1994     shop or maintenance
 specified limits as defined   (the effective date   manual. Balance the
 in the applicable shop or     of AED 94-20-04),     ruddervator control
 maintenance manual and        and thereafter        surfaces in
 balance the ruddervator       prior to further      accordance with
 control surfaces, as          flight after the      Section 3 of Beech
 necessary.                    ruddervators are      Shop Manual 35-
                               repaired or           590096B19, or
                               repainted (even if    subsequent
                               stripes are added     revisions.
                               or paint is touched
                               up).
------------------------------------------------------------------------
(2) Visually inspect the      Inspect within the    In accordance with
 empennage, aft fuselage,      next 100 hours TIS    the procedures and
 and ruddervator control       after November 28,    as specified in the
 system for damage. Repair     1994 (the effective   instructions to
 or replace any damaged        date of AD 94-20-     Beech Kit 35-4017-1
 parts and set the elevator    04), and thereafter   ``Kit Information
 controls, rudder and tab      at intervals not to   Empennage and Aft
 system controls, cable        exceed 100 hours      Fuselage
 tensions, and rigging.        TIS. Accomplish any   Inspection'', as
                               repairs,              specified in Beech
                               replacements, and     Service Bulletin
                               adjustments prior     No. 2188, dated
                               to further flight     May, 1987.
                               after the
                               applicable
                               inspection.
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(3) Remove all external       Within the next 100   In accordance with
 stabilizer reinforcements     hours TIS after       the applicable
 installed during              November 28, 1994     maintenance
 incorporation of either       (the effective date   information.
 Supplemental Type             of AD 94-20-04),
 Certificate (STC) SA845GL,    unless already
 STC SA846GL, STC SA1650CE,    accomplished.
 STC SA2286NM, or STC
 SA2287NM, as applicable.
(i) Seal or fill any
 residual holes with
 appropriate size rivets.
(ii) The internal stub spar
 incorporated through STC
 SA1649CE and STC SA1650CE
 may be retained.
(iii) The external angles
 incorporated through STC
 SA1649CE may also be
 retained by properly
 trimming the leading edges
 section to permit
 installation of the
 stabilizer reinforcement
 referenced in paragraph
 (d)(4)(i) of this AD .
(iv) For the Beech Models
 S35, V35, V35A, and V35B
 airplanes, you may retain
 and use the tail-safe
 external angles that were
 installed in accordance
 with STC SA1649CE instead
 of the stabilizer
 reinforcement specified in
 paragraph (d)(4)(i) of this
 AD.
------------------------------------------------------------------------

[[Page 16425]]

 
(4) Accomplish the            Within the next 100   In accordance with
 following:                    hours TIS after       the instructions to
(i) Install stabilizer         November 28, 1994     RAC Kit No. 35-
 reinforcements;               (the effective date   04016-3, 35-4016-5,
(ii) Set the elevator          of AD 94-20-04),      35-4016-7, or 35-
 nosedown trim; and            unless already        4016-9, as
(iii) Replace the              accomplished.         applicable and as
 ruddervator tab control                             specified in Beech
 cables with larger diameter                         SB No. 2188, dated
 cables.                                             May, 1987.
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(5) Verify the accuracy of    Accomplish the        Use the procedures
 the airplane basis weight     airplane basic        contained in the
 and balance information and   weight and balance    Appendix to this
 correct any discrepancies.    accuracy              AD.
                               verification within
                               the next 100 hours
                               TIS after November
                               28, 1994 (the
                               effective date of
                               AD 94-20-04),
                               unless already
                               accomplished.
                               Correct any
                               discrepancies prior
                               to further flight
                               after the
                               verification.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way?
    (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, 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.
    (2) Alternative methods of compliance approved in accordance 
with AD 94-20-04, which is revised by this AD, are approved as 
alternative methods of compliance with this AD.
    Note 2: 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? Contact Mr. T.N. Baktha, 
Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 
Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; 
telephone: (316) 946-4155; 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) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
the Raytheon Aircraft Company, PO Box 85, Wichita, Kansas 67201-
0085. You may examine these documents at FAA, Central Region, Office 
of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106.
    (i) Does this AD action affect any existing AD actions? This 
amendment revises AD 94-20-04, Amendment 39-9032.

Appendix to Docket No. 93-CE-37-AD

Weight and Balance Accuracy Method No. 1:

    1. Review existing weight and balance documentation to assure 
completeness and accuracy of the documentation from the most recent 
FAA-approved weighing or from factory delivery to date of compliance 
with this AD.
    2. Compare the actual configuration of the airplane to the 
configuration described in the weight and balance documentation; and
    3. If equipment additions or deletions are not reflected in the 
documentation or if modification affecting the location of the 
center of gravity (e.g., paint or structural repairs) are not 
documented, determine the accuracy of the airplane weight and 
balance data in accordance with Method No. 2.

Weight and Balance Information Accuracy Method No. 2:

    1. Determine the basic empty weight and center of gravity (CG) 
of the empty airplane using the Weighing Instructions in the Weight 
and Balance section of the airplane flight manual/pilot's operating 
handbook (AFM/POH).
    2. Record the results in the airplane records, and use these new 
values as the basis for computing the weight and CG information as 
specified in the Weight and Balances section of the AFM/POH.

    Issued in Kansas City, Missouri, on March 19, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 01-7334 Filed 3-23-01; 8:45 am]
BILLING CODE 4910-13-U