[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Rules and Regulations]
[Pages 64794-64798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26667]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93-CE-37-AD; Amendment 39-12919; AD 94-20-04 R1]
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: Final rule.

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[[Page 64795]]

SUMMARY: This amendment revises 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 AD is the 
result of information received from the field on the ability to 
accomplish and understand the existing AD. This AD will condense and 
clarify information presented in AD 94-20-04 and will remove Beech 
Models 35, 35R, A35, and B35 airplanes from the applicability of AD 94-
20-04. We are incorporating the actions that apply to Beech Models 35, 
35R, A35, and B35 airplanes into another AD action. 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.

DATES: This AD becomes effective on December 10, 2002.
    The Director of the Federal Register previously approved the 
incorporation by reference of certain publications listed in the 
regulations as of November 28, 1994 (59 FR 49785, September 30, 1994).

ADDRESSES: You may get the service information referenced in this AD 
from the Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-
0085; telephone: (800) 625-7043 or (316) 676-4556. You may view this 
information at the Federal Aviation Administration (FAA), Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 93-
CE-37-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: 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:

Discussion

Has FAA Taken Any Action on the Raytheon Airplane Ruddervator System to 
This Point?

    The following paragraphs describe ADs 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 (AFM/POH);
--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 will eliminate the need for 
the operating limitations of AD 98-13-02.

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 Models C35, D35, E35, F35, G35, H35, J35, K35, 
M35, N35, P35, S35, V35, V35A, and V35B airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on March 26, 2001 (66 FR 16422). The NPRM proposed to revise AD 
94-20-04, Amendment 39-9032, to condense and clarify the information 
presented in that AD, and to remove Beech Models 35, 35R, A35, and B35 
airplanes from the Applicability of AD 94-20-04. The NPRM also proposed 
to incorporate the actions applicable to Beech Models 35, 35R, A35, and 
B35 airplanes into another 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 AD because the other 
actions retained from AD 94-20-04 make them unnecessary.
    The repetitive inspections currently required by AD 94-20-04 for 
Beech Models 35, 35R, A35, and B35 airplanes will be incorporated into 
another AD action.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. The following presents the comments received on the 
proposal and FAA's response to each comment:

Comment Issue No. 1: Correct Typographical Error in NPRM

What Is the Commenter's Concern?

    One commenter points out that the phrase ``airplane basic weight'' 
is referred to as ``airplane basis weight'' in the Federal Register.

What Is FAA's Response to the Concern?

    The FAA concurs. The original documents that FAA submitted to the 
Office of the Federal Register were correct. The Government Printing 
Office (GPO) made a typographical error. We will ensure that this is 
corrected in the final rule.

Comment Issue No. 2: Clarify When To Set Elevator Controls, Rudder and 
Tab System Controls, Cable Tensions, and Rigging

What Is the Commenter's Concern?

    One commenter states that it is unclear when to set the elevator 
controls, rudder and tab system controls, cable tensions, and rigging. 
The commenter specifically asks whether this is necessary at every 
required 100-hour TIS inspection or

[[Page 64796]]

only when repair or replacement is necessary.

What Is FAA's Response to the Concern?

    The FAA concurs that the way it is currently written could be 
confusing. You should accomplish these actions at every 100-hour TIS 
inspection. We will rewrite this section of the AD to clarify this.

Comment Issue No. 3: Should This AD or Similar Action Affect Models 35, 
35R, A35, and B35 Airplanes

What Is the Commenter's Concern?

    The commenter asks whether the actions of Raytheon Service Bulletin 
27-3358 should be incorporated on Models 35, 35R, A35, and B35 
airplanes.

What Is FAA's Response to the Concern?

    The actions of Raytheon Service Bulletin 27-3358 should be 
incorporated on Models 35, 35R, A35, and B35 airplanes. This is 
required in another AD action. The following is taken from Note 1 of 
the NPRM:

    Beech Models 35, 35R, A35, B35 airplanes were included in the 
Applicability of AD 94-20-04 . We have removed 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.

    We will add a statement about Raytheon Service Bulletin 27-3358 to 
this note in the final rule AD action.

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 
the changes discussed above and minor editorial corrections. We 
determined that these changes and minor corrections:

--Will not change the meaning of the AD; and
--Will not add any additional burden upon the public than was already 
proposed.

Cost Impact

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 10,200 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 initial 
inspections. These cost figures are exactly the same as what is 
currently required by AD 94-20-04. This AD presents no new costs upon 
the public:

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                                                                                      Total cost
                   Labor cost                                Parts cost                  per       Total cost on
                                                                                       airplane   U.S. operators
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40 workhours x $60 per hour = $2,400...........  Not Applicable....................       $2,400    $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 will 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 will incur or what adjustments, repairs, or replacements will 
be necessary based on the results of the inspections.

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 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:

94-20-04 R1 Raytheon Aircraft Company (Beech Aircraft Corporation 
formerly held Type Certificate (TC) No. A-777 and TC No. 3A15): 
Amendment 39-12919; 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 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. Part of this other AD action is the 
incorporation of Raytheon Service Raytheon Service Bulletin 27-3358.

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraphs (a), (a)(1), and 
(a)(2) of this AD 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? To 
address this problem, you must accomplish the following:

[[Page 64797]]



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               Actions                             Compliance                            Procedures
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(1) Verify that the ruddervator       Within the next 100 hours TIS after   Verify in accordance with the
 balance is within the                 November 28, 1994 (the effective      applicable shop or maintenance
 manufacturer's specified limits as    date of AD 94-20-04) and thereafter   manual. Balance the ruddervator
 defined in the applicable shop or     prior to further flight after the     control surfaces in accordance with
 maintenance manual and balance the    ruddervators are repaired or          Section 3 of Beech Shop Manual 35-
 ruddervator control surfaces, as      repainted (even if stripes are        590096B19, or subsequent revisions.
 necessary                             added or paint is touched up)
(2) Visually inspect the empennage,   Inspect and set the controls,         In accordance with the procedures
 aft fuselage, and ruddervator         tension, and rigging within the       and as specified in the
 control system for damage             next 100 hours TIS after November     instructions to Beech Kit 35-4017-1
(i) Repair or replace any damaged      28, 1994 (the effective date of AD    ``Kit Information Empennage and Aft
 parts; and                            94-20-04) and thereafter at           Fuselage Inspection'', as specified
(ii) Set the elevator controls,        intervals not to exceed 100 hours     in Beech Service Bulletin No. 2188,
 rudder and tab system controls,       TIS. Accomplish any repairs and       dated May, 1987.
 cable tensions, and rigging           replacements prior to further
                                       flight after the applicable
                                       inspection
(3) Remove all external stabilizer    Within the next 100 hours TIS after   In accordance with the applicable
 reinforcements installed during       November 28, 1994 (the effective      maintenance information.
 incorporation of either               date of AD 94-20-04), unless
 Supplemental Type Certificate (STC)   already accomplished
 SA845GL, STC SA846GL, STC SA1650CE,
 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.
(4) Accomplish the following:         Within the next 100 hours TIS after   In accordance with the instructions
(i) Install stabilizer                 November 28, 1994 (the effective      to RAC Kit No. 35-4016-3, 35-4016-
 reinforcements;                       date of AD 94-20-04), unless          5, 35-4016-7, or 35-4016-9, as
(ii) Set the elevator nose-down        already accomplished                  applicable and as specified in
 trim; and                                                                   Beech SB No. 2188, dated May, 1987.
(iii) Replace the ruddervator tab
 control cables with larger diameter
 cables
(5) Verify the accuracy of the        Accomplish the airplane basic weight  Use the procedures contained in the
 airplane basic weight and balance     and balance accuracy verification     Appendix to this AD.
 information and correct any           within the next 100 hours TIS after
 discrepancies                         November 28, 1994 (the effective
                                       date of AD 94-20-04), unless
                                       already accomplished. Correct any
                                       discrepancies prior to further
                                       flight after the verification
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    (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 
paragraphs (a), (a)(1), and (a)(2) 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 
Sec. Sec.  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 Beech Kit No. 35-4016-3, 35-4016-5, 35-4016-7, or 35-4016-9, 
and the instructions to Beech Kit 35-4017-1 ``Kit Information 
Empennage & Aft Fuselage Inspection'', as applicable and specified 
in Beech Service Bulletin No. 2188, dated May 1987. The Director of 
the Federal Register previously approved this incorporation by 
reference under 5 U.S.C. 552(a) and 1 CFR part 51 as of November 28, 
1994 (59 FR 49785, September 30, 1994). You may get copies from the 
Raytheon Aircraft Company, PO Box 85, Wichita, Kansas 67201-0085. 
You may view copies at FAA, Central Region, Office of

[[Page 64798]]

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) Does this AD action affect any existing AD actions? This 
amendment revises AD 94-20-04, Amendment 39-9032.
    (j) When does this amendment become effective? This amendment 
becomes effective on December 10, 2002.

Appendix to AD 94-20-04 R1

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.
    3. If equipment additions or deletions are not reflected in the 
documentation or if modifications 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 October 15, 2002.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-26667 Filed 10-21-02; 8:45 am]
BILLING CODE 4910-13-P