[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Proposed Rules]
[Pages 16418-16422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7335]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-44-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Beech Models 
35, 35R, A35, and B35 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 98-13-02, which currently requires

[[Page 16419]]

operating limitations on Raytheon Aircraft Company (Raytheon) Beech 
Models 35, 35R, A35, and B35 airplanes. This proposed AD is the result 
of Raytheon developing inspection and modification procedures that, 
when accomplished on the affected airplanes, would eliminate the need 
for the operating limitations. This proposed AD would retain the 
operating limitations for the affected airplanes until the recently 
developed inspection and modification procedures are accomplished. The 
proposed AD would also require repetitive inspections of the fuselage 
structure. 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. 2000-CE-44-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. 2000-CE-44-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? AD 98-13-02, Amendment 39-10590 (63 FR 31916, 
June 11, 1998), currently requires the following on Raytheon Beech 
Models 35, A35, B35, and 35R airplanes:

--Fabricating a placard that restricts the never exceed speed (Vne) to 
no more than 144 miles per hour (MPH) or 125 knots (KTS) indicated 
airspeed (IAS), and installing this placard on the instrument panel 
within the pilot's clear view;
--Marking a red line on the airspeed indicator glass at 144 MPH (125 
KTS);
--Marking a white slippage mark on the outside surface of the airspeed 
indicator between the glass and case; and
--Inserting a copy of this AD into the Limitations Section of the POH/
AFM.

    In addition, AD 94-20-04, Amendment 39-9032 (59 FR 49785, September 
30, 1994), requires the following on certain Beech Models C35, D35, 
E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, and V35B 
airplanes, as well as the Beech Models 35, A35, B35, and 35R 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 
No. 2188, dated May, 1987, and the applicable maintenance and shop 
manuals.
    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. This service bulletin also 
includes the procedures necessary for continuing the repetitive 
inspections of the empennage, aft fuselage, and ruddervator control 
system (the inspections AD 94-20-04 currently require).

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:

[[Page 16420]]

--The unsafe condition referenced in this document still exists or 
could develop on other Raytheon Beech Models 35, A35, B35, and 35R 
airplanes of the same type design;
--The inspections specified in Raytheon Recommended Service Bulletin 
No. SB 27-3358, Issued: February, 2000, should be accomplished on Beech 
Models 35, 35R, A35, and B35 airplanes;

--The repetitive inspections currently required on these airplanes by 
AD 94-20-04 should be removed from AD 94-20-04 and included in this 
proposed AD. These repetitive inspections should be accomplished in 
accordance with Raytheon Recommended Service Bulletin No. SB 27-3358, 
Issued: February, 2000; 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 
supersede AD 98-13-02 with a new AD. The proposed AD would require you 
to inspect the aft fuselage, ruddervator, and related systems for 
acceptable condition on Beech Models 35, 35R, A35, and B35 airplanes; 
adjust ruddervator balance to the new limits; and repair or replace 
damaged parts, as necessary. This proposed inspection requirement along 
with the new proposed limits for the ruddervator balance (set forth in 
Raytheon SB 27-3358, Section 3.A) would terminate the need for the 
operating limitations for those airplanes.

Cost Impact

    How many airplanes would the proposed AD impact? We estimate that 
the proposed AD affects 2,211 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:

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total cost on
              Labor cost                        Parts cost            Total cost per airplane    U.S. operators
----------------------------------------------------------------------------------------------------------------
55 workhours at $60 per hour = $3,300.  $500 per airplane.........  $3,800....................        $8,401,800
----------------------------------------------------------------------------------------------------------------

    The above figures are based only on the proposed 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 Docket at the location 
provided under the heading 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) 
98-13-02, Amendment 39-10590 (63 FR 31916, June 11, 1998), and by 
adding a new AD to read as follows:
Raytheon Aircraft Company (Beech Aircraft Corporation formerly held 
Type Certificate (TC) No. A-777): Docket No. 2000-CE-44-AD; 
Supersedes AD 98-13-02, Amendment 39-10590.

    (a) What airplanes are affected by this AD? This AD affects 
Beech Models 35, 35R, A35, and B35 airplanes, all serial numbers, 
that are certificated in any category.
    (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, accomplish the 
following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Fabricate a placard that  Within the next 10    Not Applicable.
 restricts the never exceed    hours time-in-
 speed (Vne) to no more than   service (TIS) after
 144 miles per hour (MPH) or   July 7, 1998 (the
 125 knots (KTS) indicated     effective date of
 airspeed (IAS), and install   AD 98-13-02),
 this placard on the           unless already
 instrument panel within the   accomplished.
 pilot's clear view. The
 placard should utilize
 letters of at least 0.10-
 inch in height and contain
 the following words:
 ``Never exceed speed, Vne,
 144 MPH (125 KTS) IAS''.
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[[Page 16421]]

 
(2) Mark a red line on the    Within the next 10    Not Applicable.
 airspeed indicator glass at   hours time-in-
 144 MPH (125 KTS) and mark    service (TIS) after
 a white slippage mark on      July 7, 1998 (the
 the outside surface of the    effective date of
 airspeed indicator between    AD 98-13-02),
 the glass and case.           unless already
                               accomplished.
------------------------------------------------------------------------
(3) Insert a copy of this AD  Within the next 10    Not Applicable.
 into the Limitations          hours time-in-
 Section of the airplane       service (TIS) after
 flight manual (AFM).          July 7, 1998 (the
                               effective date of
                               AD 98-13-02),
                               unless already
                               accomplished.
------------------------------------------------------------------------
(4) The owner/operator        Within the next 10    Make an entry into
 holding at least a private    hours time-in-        the aircraft
 pilot certificate as          service (TIS) after   records showing
 authorized by section 43.7    July 7, 1998 (the     compliance with
 of the Federal Aviation       effective date of     this AD in
 Regulations (14 CFR 43.7)     AD 98-13-02),         accordance with
 may fabricate and install     unless already        section 43.9 of the
 the placard as required by    accomplished.         Federal Aviation
 paragraph (d)(1) of this AD                         Regulations (14 CFR
 and insert this AD into the                         43.9).
 Limitations Section of the
 AFM as required by
 paragraph (d)(3) of this AD.
------------------------------------------------------------------------
(5) Visually inspect the      Inspect within the    Accomplish the
 empennage, aft fuselage,      next 100 hours TIS    inspection and
 and ruddervator control       after the last        repairs or
 system for damage. Repair     inspection required   replacements in
 or replace any damaged        by AD 94-20-04 or     accordance with
 parts and set the elevator    within the next 25    paragraphs (5)(a)
 controls, rudder and tab      hours TIS after the   through (5)(f) of
 system controls, cable        effective date of     the ACCOMPLISHMENT
 tensions, and rigging.        this AD, whichever    INSTRUCTIONS
                               occurs later, and     section of Raytheon
                               thereafter at         Service Bulletin
                               intervals not to      No. SB 27-3358,
                               exceed 100 hours      Issued: February,
                               TIS. Accomplish any   2000.
                               repairs,
                               replacements, and
                               adjustments prior
                               to further flight
                               after the
                               applicable
                               inspection.
------------------------------------------------------------------------
(6) Verify the accuracy of    Accomplish the        Use the procedures
 the airplane basic 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 the
                               effective date of
                               this AD, unless
                               already
                               accomplished as
                               previously required
                               by AD 94-20-04.
                               Correct any
                               discrepancies prior
                               to further flight
                               after the
                               verification.
------------------------------------------------------------------------
(7) Inspect the aft           Accomplish the        Accomplish the
 fuselage, ruddervator, and    inspections within    inspection and
 related systems for           the next 2 years      repairs or
 acceptable condition.         after the effective   replacements in
                               date of this AD,      accordance with all
                               unless already        paragraphs in the
                               accomplished.         ACCOMPLISHMENT
                               Accomplish any        INSTRUCTIONS
                               repair or             section of Raytheon
                               replacement prior     Service Bulletin
                               to further flight     No. SB 27-3358,
                               after the             Issued: February,
                               inspection.           2000. Accomplish
                               Accomplish any        the rebalancing in
                               ruddervator           accordance with
                               rebalancing prior     Section 3A(8) of
                               to further flight     the service
                               after the             bulletin and use
                               inspection and when   the procedure in
                               the ruddervators      Section 3 of Beech
                               are repaired or       Shop Manual 35-
                               repainted (even if    590096B19 (or
                               stripes are added     subsequent
                               or paint is touched   revision).
                               up).
------------------------------------------------------------------------
(i) Repair or replace any
 parts found unacceptable as
 specified in the service
 bulletin;
(ii) Rebalance the
 ruddervators to the new
 specifications that reduce
 the upper limit from 19.8
 to 18 inch-pounds (tail
 heavy); and
(iii) Discontinue the
 placard and operating
 limitations required by
 paragraphs (d)(1) through
 (d)(4) of this AD.
------------------------------------------------------------------------

    (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 98-13-02, which is superseded by this AD, are approved as 
alternative methods of compliance with this AD.

    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? 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

[[Page 16422]]

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 supersedes AD 98-13-02, Amendment 39-10590.

Appendix to Docket No. 2000-CE-44-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. 01-7335 Filed 3-23-01; 8:45 am]
BILLING CODE 4910-13-U