[Federal Register Volume 66, Number 225 (Wednesday, November 21, 2001)]
[Rules and Regulations]
[Pages 58366-58370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29019]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-35-AD; Amendment 39-12507; AD 2001-23-10]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company 33, T-34, 35, 
36, 55, 56, 58, and 95 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Raytheon Aircraft Company (Raytheon) 33, T-34, 35, 
36, 55, 56, 58, and 95 Series airplanes. This AD requires you to 
inspect the left-hand and right-hand flap flex shaft assemblies to 
determine the manufacture date. This AD also requires you to replace 
any flap flex shaft assemblies manufactured from January 2000 through 
April 2001. This AD is the result four separate reports of flap drive 
cable separation. The actions specified by this AD are intended to 
prevent separation of the flap flex shaft assembly caused by improper 
heat treatment. Such a condition could lead to an asymmetric flap 
condition, resulting in uncommanded roll of the airplane.

DATES: This AD becomes effective on December 13, 2001.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
December 13, 2001.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before January 12, 2002.

[[Page 58367]]


ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-35-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
    You may get the service information referenced in this AD from 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 429-5372 or (316) 676-3140. You may view this 
information at FAA, Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2001-CE-35-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: Paul DeVore, Aerospace Engineer, FAA, 
Wichita Aircraft Certification Office, 1801 Airport Road, Mid-Continent 
Airport, Wichita, Kansas 67209; telephone: (316) 946-4142; facsimile: 
(316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? Raytheon has notified FAA of four 
separate incidents of the flap drive cable separating on Models A36, 
B36TC, and 58 airplanes. Three of the incidents occurred during flight 
and resulted in asymmetric flap conditions. In all three cases, a safe 
landing was made. The flap flex shaft failed on one airplane while 
rigging the flaps on the ground.
    Raytheon and FAA investigated the incidents and determined the 
cause to be a result of a quality control problem. During manufacturing 
from January 2000 through April 2001, the end of the flap flex shaft 
assemblies was not being properly heat-treated. Improper heat-treatment 
allowed the cable end to crack and separate from the flap flex shaft 
assembly.
    Information on the affected parts follows:

--The affected parts are part number 12527Y-63.31 (left-hand) flap flex 
shaft assemblies, part number 12163Y-63.31 or 12163Y-1 (right-hand) 
flap flex shaft assemblies, and part number 45-521212 (any dash number) 
flap actuator assemblies, that were manufactured from January 2000 
through April 2001. Raytheon has installed these parts on certain 
Models A36, B36TC, and 58 airplanes at manufacture; and
--These flap flex shaft assemblies could be installed through spare 
replacements on any of the following series airplanes: 33, T-34, 35, 
36, 55, 56, 58, and 95. Specific models are listed in paragraph (a)(1) 
and (a)(2) of this AD.

    What are the consequences if the condition is not corrected? If 
this condition is not corrected, separation of the flex flap shaft 
assembly could result. Such a condition could lead to an asymmetric 
flap condition, resulting in uncommanded roll of the airplane.
    Is there service information that applies to this subject? Raytheon 
has issued Mandatory Service Bulletin SB 27-3478, September 2001.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Inspecting the left-hand flap flex shaft assembly, part number 
12527Y-63.31 and the right-hand flap flex shaft assembly, part number 
12163Y-63.31 or 12163Y-1, to determine the manufacture date;
--Replacing any flap flex shaft assembly manufactured from January 2000 
through April 2001; and
--Inspecting the airplane logbook for airplanes with spare replacement 
only, to see if any flap flex shaft assemblies or flap actuator 
assemblies have been replaced since March 1, 2000, to determine if the 
flap flex shaft assemblies need to be inspected and possibly replaced.

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

    What has FAA decided? The FAA has reviewed all available 
information, including the service information referenced above; and 
determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Raytheon 33, T-34, 35, 36, 55, 56, 58, and 95 Series 
airplanes of the same type design;
--The actions specified in the previously-referenced service 
information (as specified in this AD) should be accomplished on the 
affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

    What does this AD require? This AD requires you to incorporate the 
actions in the previously-referenced service bulletin.
    In preparation of this rule, we contacted type clubs and aircraft 
operators to obtain technical information and information on 
operational and economic impacts. We have included, in the rulemaking 
docket, a discussion of information that may have influenced this 
action.
    Will I have the opportunity to comment prior to the issuance of the 
rule? Because the unsafe condition described in this document could 
result in separation of the flap flex shaft assembly which could lead 
to an asymmetric flap condition, resulting in uncommanded roll of the 
airplane, we find that notice and opportunity for public prior comment 
are impracticable. Therefore, good cause exists for making this 
amendment effective in less than 30 days.

Comments Invited

    How do I comment on this AD? Although this action is in the form of 
a final rule and was not preceded by notice and opportunity for public 
comment, FAA invites your comments on the 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 to the address specified 
under the caption ADDRESSES. We will consider all comments received on 
or before the closing date specified above. 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.
    Are there any specific portions of the AD I should pay attention 
to? We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may view 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.
    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. 2001-CE-35-AD.'' We will date stamp and mail the postcard 
back to you.

Regulatory Impact

    Does this AD impact various entities? 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, FAA has determined that this final rule does not have 
federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? We 
have determined that this regulation is an emergency regulation that 
must be

[[Page 58368]]

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, 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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

2001-23-10 Raytheon Aircraft Company: Amendment 39-12507; Docket No. 
2001-CE-35-AD.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are certificated 
in any category:
    (1) Group 1: Raytheon may have installed the affected flap flex 
shaft assemblies on the following airplanes at manufacture:

------------------------------------------------------------------------
                 Models                            Serial Nos.
------------------------------------------------------------------------
(i) A36................................  E-3302 through E-3398
(ii) B36TC.............................  EA-652 through EA-677
(iii) 58...............................  TH-1936 through TH-1988 and TH-
                                          1990 through TH-1996.
------------------------------------------------------------------------

    (2) Group 2: The affected flap flex shaft assemblies and flap 
actuator assembly could be installed through spare replacement on 
any of the following model airplanes:

------------------------------------------------------------------------
                 Models                            Serial Nos.
------------------------------------------------------------------------
(i) 35-33, 35-A33, 35-B33, 35-C33, 35-   All serial numbers
 C33A, E33, E33A, E33C, F33, F33A,
 F33C, and G33.
(ii) T-34C, T-34C (T-34C-1), T-34C       All serial numbers.
 (34C), A45 (T-34A, B-45), D45 (T-34B),
 and 45 (YT-34).
(iii) 35, 35R, A35, B35, C35, D35, E35,  All serial numbers except D-1
 F35, G35, H35, J35, K35, M35, N35,       through D-837.
 P35, S35, V35, V35A, and V35B.
(iv) 36, A36, A36TC, and B36TC.........  All serial numbers except E-
                                          3302 through E-3398 and EA-652
                                          through EA-677 (those serial
                                          numbers are included in Group
                                          1).
(v) 95-55, 95-A55, 95-B5 5, 95-B55A, 95- All serial numbers.
 B55B (T-42A), 95-C55, 95-C55A D55,
 D55A, E55, and E55A.
(vi) 56TC and A56TC....................  All serial numbers.
(vii) 58, 58A, 58P, 58PA, 58TC, and      All serial numbers except TH-
 58TCA.                                   1936 through TH-1988 and TH-
                                          1900 through TH-1996 (those
                                          serial numbers are included in
                                          Group 1)
(viii) 95, B95, B95A, D95A, and E95....  All serial numbers.
------------------------------------------------------------------------

    (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 separation of the flap flex shaft 
assembly caused by improper heat treatment. Such a condition could 
lead to an asymmetric flap condition, which could result in 
uncommanded roll of the airplane.
    (d) What actions must I accomplish to address this problem for 
Group 1 airplanes? To address this problem for Group 1 airplanes, 
you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the               Within the next 25    In accordance with
 identification label on the   hours time-in-        Raytheon Mandatory
 left-hand (LH) flap flex      service (TIS) after   Service Bulletin SB
 shaft assembly, part number   December 13, 2001,    27-3478, Issued:
 (P/N) 12527Y-63.31, and the   the effective date    September 2001, and
 right-hand (RH) flap flex     of this AD.           the applicable
 shaft assembly, P/N 12163Y-                         maintenance manual.
 63.31 or 12163Y-1, to
 determine the manufacture
 date. If the manufacture
 date on the identification
 label on any of the flex
 flap shaft assemblies is
 before January 2000 and
 after April 2001, the flap
 flex assemblies are not
 affected and do not need to
 be replaced.
(2) If the manufacture date   Prior to further      In accordance with
 on the identification label   flight after the      Raytheon Mandatory
 on any of the flex flap       inspection required   Service Bulletin SB
 shaft assemblies is from      in paragraph (d)(1)   27-3478, Issued:
 January 2000 through April    of this AD.           September 2001, and
 2001, replace with parts                            the applicable
 that were manufactured                              maintenance manual.
 before January 2000 and
 after April 2001.

[[Page 58369]]

 
(3) Do not install on any     As of December 13,    In accordance with
 airplane, a LH flap flex      2001, the effective   Raytheon Mandatory
 shaft assembly, P/N 12527Y-   date of this AD.      Service Bulletin SB
 63.31, a RH flap flex shaft                         27-3478, Issued:
 assembly, P/N 12163Y-63.31                          September 2001.
 or 12163Y-1, or a flap
 actuator assembly, P/N 45-
 521212 (any dash number
 containing a flap flexible
 shaft assembly), that has a
 manufacture date from
 January 2000 through April
 2001.
------------------------------------------------------------------------

    (e) What actions must I accomplish to address this problem for 
Group 2 airplanes? To address this problem for Group 2 airplanes, 
you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Check the airplane        Within the next 25    In accordance with
 logbook to determine          hours time-in-        Raytheon Mandatory
 whether the LH flap flex      service (TIS) after   Service Bulletin SB
 shaft assembly, P/N 12527Y-   December 13, 2001,    27-3478, Issued:
 63.31, the RH flap flex       the effective date    September 2001.
 shaft assembly, P/N 12163Y-   of this AD.
 63.31 or 12163Y-1, or the
 flap actuator assembly, P/N
 45-521212 (any dash
 number), has been replaced
 since March 1, 2000.
(i) The owner/operator
 holding at least a private
 pilot certificate as
 authorized by section 43.7
 of the Federal Aviation
 Regulations (14 CFR 43.7)
 may check the airplane
 logbook.
(ii) If, by checking the
 airplane logbook, the pilot
 can positively show that
 the LH or the RH flap flex
 shaft assembly or the flap
 actuator assembly has never
 been replaced since March
 1, 2000, no further action
 is required..
(2) If the check of the       Within the next 25    In accordance with
 airplane logbook shows that   hours time-in-        Raytheon Mandatory
 the LH or the RH flap flex    service (TIS) after   Service Bulletin SB
 shaft assembly or the flap    December 13, 2001,    27-3478, Issued:
 actuator assembly has been    the effective date    September 2001, and
 replaced since March 1,       of this AD.           the applicable
 2000, or if complete          Accomplish            maintenance manual
 records of the LH and RH      replacements prior
 flap flex assembly or the     to further flight.
 flap actuator assembly do
 not exist, inspect the
 identification labels on
 the flap flex shaft
 assemblies to determine the
 manufacture date.
(i) If the manufacture date
 on the identification label
 on any of the flex flap
 shaft assemblies is from
 January 2000 through April
 2001, replace with parts
 that were manufactured
 before January 2000 and
 after April 2001.
(ii) If the manufacture date
 on any identification label
 is before January 2000 and
 after April 2001, the flap
 flex assemblies are not
 affected and do not need to
 be replaced.
(3) Do not install on any     As of December 13,    In accordance with
 airplane, a LH flap flex      2001, the effective   Raytheon Mandatory
 shaft assembly, P/N 12527Y-   date of this AD.      Service Bulletin SB
 63.31, a RH flap flex shaft                         27-3478, Issued:
 assembly, P/N 12163Y-63.31                          September 2001.
 or 12163Y-1, or a flap
 actuator assembly, P/N 45-
 531212 (any dash number
 containing a flap flexible
 shaft assembly), that has a
 manufacture date from
 January 2000 through April
 2001.
------------------------------------------------------------------------

    (f) 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 (f) 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 Paul DeVore, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 
946-4142; facsimile: (316) 946-4407.
    (h) 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. You must adhere to 
the

[[Page 58370]]

limitations presented in the appendix to this AD.
    (i) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Raytheon Mandatory Service Bulletin SB 27-3478, Issued: 
September 2001. 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 Raytheon Aircraft Company, P.O. Box 85, 
Wichita, Kansas 67201-0085; telephone: (800) 429-5372 or (316) 676-
3140. You may view this information at 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.
    (j) When does this amendment become effective? This amendment 
becomes effective on December 13, 2001.

Appendix to Docket No. 2001-CE-35-AD

    The following must be adhered to in order to obtain a special 
flight permit as specified in paragraph (h).
    Limitations--Flaps must be retracted for all takeoffs.

Emergency Procedures

Asymmetrical Flaps

    Attempt to retract the flaps. If flaps will not retract, the 
airplane will have a tendency to roll in the direction of the 
retracted flap. This roll tendency will increase with increasing 
speed. Use aileron trim and reduce speed as required to reduce roll 
forces.

Flaps-Up or Asymmetrical-Flap Landing

    Follow all published Before Landing Procedures except for 
airspeed. Maintain the published Flaps-Up Approach Speed. If this 
speed is not published, use one of the following:
    (a) Multiply the highest indicated flaps-up stall speed, found 
in the Performance Section, by 1.3.
      or
    (b) For Bonanza Series, T-34A, T-34B, and 45, add 10 knots to 
the published Flaps-Down Landing Approach Speed.
    (c) For Baron Series, add 15 knots to the published Flaps-Down 
Landing Approach speed.
    Plan on longer landing distance.

    Issued in Kansas City, Missouri, on November 13, 2001.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-29019 Filed 11-20-01; 8:45 am]
BILLING CODE 4910-13-P