[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Rules and Regulations]
[Pages 31115-31117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11333]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-13-AD; Amendment 39-12745; AD 2002-09-12]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Beech Model 
C90 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 Model C90 
airplanes. This AD requires you to inspect the left-hand (LH) and 
right-hand (RH) nacelle and spar assembly for the existence of rivets, 
and requires you to install rivets if they do not exist or are the 
wrong size or type. This AD is the result of Raytheon identifying 
several instances where rivets were either missing or were the wrong 
size or type on these airplanes. The actions specified by this 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: This AD becomes effective on June 21, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of June 
21, 2002.

ADDRESSES: 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 the Federal Aviation Administration (FAA), Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 
2001-CE-13-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: 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:

Discussion

What Events Have Caused This 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 Is the Potential Impact if FAA Took No Action?

    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.

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 Model C90 airplanes. This proposal was published 
in the Federal Register as a notice of proposed rulemaking (NPRM) on 
November 26, 2001 (66 FR 58983). The NPRM proposed to 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.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. We did not receive any comments on the proposed rule 
or on our determination of the cost to the public.

FAA's Determination

What Is FAA's Final Determination on This Issue?

    After careful review of all available information related to the 
subject presented above, we have determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. We have determined that these minor 
corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

How Many Airplanes Does This AD Impact?

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

What Is the Cost Impact of This AD on Owners/Operators of the Affected 
Airplanes?

    We estimate the following costs to accomplish the inspection:

[[Page 31116]]



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                                                        Total cost
           Labor cost                  Parts cost      per airplane         Total cost on  U.S. operators
----------------------------------------------------------------------------------------------------------------
35 workhours  x  $60 per hour =   No parts required         $2,100   $2,100  x  381 = $800,100
 $2,100.                           for the inspection.
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    We estimate the following costs to accomplish any necessary 
replacements that will be required based on the results of the 
inspection. We have no way of determining the number of airplanes that 
may need such replacements:

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

Why Is the Compliance Time of This 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 this 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

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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2002-09-12  Raytheon Aircraft Company: Amendment 39-12745; 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 airplanes identified in paragraph (a) of this AD 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 perform the following, unless already 
accomplished:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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(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    June 21, 2002 (the    as authorized by
 the Pilot's Operating         effective date of     Section 43.7 of the
 Handbook (POH).               this AD) until        Federal Aviation
                               compliance with       Regulations (14 CFR
                               paragraphs (d)(2)     43.7), may
                               and (d)(3) of this    incorporate the
                               AD, unless already    pilot's operating
                               accomplished.         handbook (POH)
                                                     revision required
                                                     by this AD. You
                                                     must make an entry
                                                     into the compliance
                                                     with the aircraft
                                                     records that shows
                                                     compliance with
                                                     this AD, in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
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(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 June     Mandatory Service
 are the wrong size and/or     21, 2002 (the         Bulletin SB 54-
 type.                         effective date of     3308, Issued:
                               this AD), whichever   October, 2000, and
                               occurs first,         the applicable
                               unless already        maintenance manual.
                               accomplished.
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[[Page 31117]]

 
(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, unless    Mandatory Service
                               already               Bulletin SB 54-
                               accomplished.         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) 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 54-3308, Issued: 
October, 2000. 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. 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 June 21, 2002.

    Issued in Kansas City, Missouri, on April 30, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-11333 Filed 5-8-02; 8:45 am]
BILLING CODE 4910-13-P