[Federal Register Volume 66, Number 227 (Monday, November 26, 2001)]
[Proposed Rules]
[Pages 58983-58985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29222]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 227 / Monday, November 26, 2001 / 
Proposed Rules  

[[Page 58983]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-13-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Beech Model 
C90 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Raytheon Aircraft Company (Raytheon) 
Beech Model C90 airplanes. This proposed AD would require you to 
inspect the left-hand (LH) and right-hand (RH) nacelle and spar 
assembly for the existence of rivets and would require you to install 
rivets if they do not exist or are the wrong size or type. This 
proposed AD is the result of Raytheon identifying several instances 
where rivets were either missing or were wrong size or type on these 
airplanes. The actions specified by this proposed AD are intended to 
correct the installation of rivets in the LH and RH nacelle and spar 
assembly. These rivets must be present and have the correct dimension 
in order to prevent reduced structural integrity, which could result in 
structural failure and possible loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before January 22, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-13-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.
    You may get service information that applies to this proposed AD 
from Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-
0085; telephone: (800) 429-5372 or (316) 676-3140. You may also view 
this information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Steve Potter, Aerospace Engineer, FAA, 
Wichita Aircraft Certification Office, 1801 Airport Road, Mid-Continent 
Airport, Wichita, Kansas 67209; telephone: (316) 946-4124; facsimile: 
(316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This 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 to the 
address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed 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 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA 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-13-AD.'' We will date stamp and mail 
the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    Raytheon has identified several instances of rivets not being 
installed and/or the wrong size or type installed during the 
manufacturing process on the nacelles and spar assembly of the Model 
C90A airplanes. This conclusion is the result of a quality control 
problem.
    At least 20 airplanes have been found with this condition. The 
number and location of the missing rivets and incorrectly installed 
rivets may vary from airplane to airplane.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not detected and corrected, could result in 
reduced structural integrity. This could lead to critical structural 
failure with consequent loss of airplane control.

Is There Service Information That Applies to This Subject?

    Raytheon has issued Mandatory Service Bulletin SB 54-3308, Issued: 
October, 2000.

What Are the Provisions of This Service Information?

    The service bulletin includes procedures for:

--Inspecting the left-hand and right-hand nacelle and spar assembly for 
the existence of rivets and installed rivets that are the wrong size 
and/or type; and
--Installing rivets when they don't exist and replacing installed 
rivets that are the wrong size and/or type with the correct rivet.

The FAA's Determination and an Explanation of the Provisions of 
This 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 exists or could 
develop on other Raytheon Beech Model C90 airplanes of the same type 
design;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

[[Page 58984]]

What Would This Proposed AD Require?

    This proposed AD would require you to incorporate the actions in 
the previously-referenced service bulletin.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 381 airplanes in the U.S. 
registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                       Total cost
              Labor cost                         Parts cost               per       Total cost on U.S. operators
                                                                        airplane
----------------------------------------------------------------------------------------------------------------
35 workhours  x  $60 per hour =        No parts required for the           $2,100  $2,100  x  381 = $800,100.
 $2,100.                                inspection.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of the 
proposed inspection. We have no way of determining the number of 
airplanes that may need such replacements:

------------------------------------------------------------------------
            Labor cost              Parts cost   Total cost per airplane
------------------------------------------------------------------------
40 workhours  x  $60 per hour =            $50  $2,400 + $50=$2,450.
 $2,400.
------------------------------------------------------------------------

    The manufacturer will provide warranty credit for labor and parts 
to the extent noted under MANPOWER and MATERIAL in Raytheon Mandatory 
Service Bulletin SB 54-3308, Issued: October, 2000.

Compliance Time of This Proposed AD

Why Is the Compliance Time of This Proposed AD Presented in Both Hours 
Time-in-Service (TIS) and Calendar Time?

    The unsafe condition on these airplanes is not a result of the 
number of times the airplane is operated. Airplane operation varies 
among operators. For example, one operator may operate the airplane 50 
hours TIS in 3 months while it may take another 12 months or more to 
accumulate 50 hours TIS. For this reason, the FAA has determined that 
the compliance time of the proposed AD should be specified in both 
hours time-in-service (TIS) and calendar time in order to assure this 
condition is not allowed to go undetected over time.

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 proposed 
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 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 
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:

Raytheon Aircraft Company: Docket No. 2001-CE-13-AD

    (a) What airplanes are affected by this AD? This AD affects the 
following Beech Model C90A airplanes that are certificated in any 
category:

Serial Numbers

    LJ-1157 through LJ-1276, LJ-1278 through LJ-1537; and LJ-1540.
    (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 correct the installation of rivets in the 
left-hand and right-hand nacelle and spar assembly. These rivets 
must be present and have correct dimensions in order to prevent 
reduced structural integrity, which could result in structural 
failure and possible loss of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 58985]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Insert Raytheon           Within the next 10    Anyone who holds at
 Temporary Changes TC3 (Log    hours time-in-        least a private
 of Temporary Changes) into    service (TIS) after   pilot certificate,
 the Limitations Section of    the effective date    as authorized by
 the Pilot's Operating         of this AD until      section 43.7 of the
 Handbook (POH).               compliance with       Federal Aviation
                               paragraphs (d)(2)     Regulations (14 CFR
                               and (d)(3) of this    43.7), may
                               AD.                   incorporate the
                                                     pilot's operating
                                                     handbook (POH)
                                                     revision required
                                                     by this AD. You
                                                     must make an entry
                                                     into the aircraft
                                                     records that shows
                                                     compliance with
                                                     this AD, in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
------------------------------------------------------------------------
(2) Inspect the left-hand     Within the next 400   In accordance with
 (LH) and right-hand (RH)      hours time-in-        the Accomplishment
 nacelle and spar assembly     service (TIS) or      Instructions
 for the existence of rivets   within 12 calendar    section of Raytheon
 and installed rivets that     months after the      Mandatory Service
 are the wrong size and/or     effective date of     Bulletin SB 54-
 type.                         this AD, whichever    3308, Issued:
                               occurs first.         October, 2000, and
                                                     the applicable
                                                     maintenance manual.
------------------------------------------------------------------------
(3) Install rivets where      Prior to further      In accordance with
 rivets are missing and        flight after the      the Accomplishment
 replace rivets that are the   inspection required   Instructions
 wrong size and/or type with   in paragraph (d)(2)   section of Raytheon
 the correct rivet.            of this AD.           Mandatory Service
                                                     Bulletin SB 54-
                                                     3308, Issued:
                                                     October, 2000, and
                                                     the applicable
                                                     maintenance manual.
------------------------------------------------------------------------


    Note 1: Although not required by this AD, Raytheon Mandatory 
Service Bulletin SB 54-3308, Issued: October, 2000, recommends 
inspecting the airplane in accordance with the Hard Landing 
Inspection procedure, Chapter 5-50-00, Beech King Air 90 Maintenance 
Manual, if the airplane should experience a hard landing prior to 
the repair required by this AD. If serious structural damage 
occurred, contact Raytheon Technical Support for assistance.

    (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 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 Steve Potter, Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 
946-4124; 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 get copies of the documents referenced in this AD from 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085. 
You may view these documents at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on November 15, 2001.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-29222 Filed 11-23-01; 8:45 am]
BILLING CODE 4910-13-U