[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Proposed Rules]
[Pages 3829-3832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1678]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93-CE-37-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to revise Airworthiness Directive (AD) 
94-20-04 R1, which currently requires ruddervator inspections and 
modifications on certain Raytheon Aircraft Company (Raytheon) Beech 
Models C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, 
V35A, and V35B airplanes. This proposed AD is the result of the need to 
add a repetitive inspection of the fuselage bulkheads and change other 
inspections from a repetitive to a one-time action. The proposed AD 
would make these changes to AD 94-20-04 R1. The actions specified by 
the proposed AD are intended 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 proposed rule on or before March 3, 2003.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 93-CE-37-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 caption 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.

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. 93-CE-37-AD.'' We will date stamp and mail the 
postcard back to you.

[[Page 3830]]

Discussion

Has FAA Taken Any Action to This Point?

    On October 15, 2002, FAA issued AD 94-20-04 R1, Amendment 39-12919 
(67 FR 64794, October 22, 2002), to require ruddervator inspections and 
modifications on certain Raytheon Aircraft Company (Raytheon) Beech 
Models C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, 
V35A, and V35B airplanes.
    The intent of this AD was to maintain the inspection and 
modification requirements of AD 94-20-04, Amendment 39-9032 (59 FR 
49785, September 30, 1994), but condense and clarify the information 
presented in AD 94-20-04.

What Has Happened Since AD 94-20-04 R1 To Initiate This Action?

    Comments from the public since issuance of AD 94-20-04 R1 indicate 
a need for a revision to that AD. Specifically, the visual inspection 
of the empennage, aft fuselage, and ruddervator control system with any 
subsequent repair and the setting of the elevator controls, rudder and 
tab system controls, cable tensions, and rigging should all be a one 
time action. Currently, they are to be accomplished repetitively at 
100-hour time-in-service (TIS) intervals.
    In addition, we inadvertently did not include the 100-hour TIS 
interval repetitive inspections of the fuselage bulkheads that were 
required by AD 94-20-04.

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:

--The unsafe condition referenced in this document still exists or 
could develop on other Raytheon Beech Models C35, D35, E35, F35, G35, 
H35, J35, K35, M35, N35, P35, S35, V35, V35A, and V35B of the same type 
design;
--The actions of AD 94-20-04 R1 should be maintained except for adding 
the fuselage bulkhead inspections and making certain repetitive actions 
a one-time action; 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 revise AD 94-20-04 R1, which applies to 
Raytheon Beech Models C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, 
P35, S35, V35, V35A, and V35B. The proposed AD would:
--Maintain the actions of AD 94-20-04 R1, but would make the repetitive 
visual inspection of the empennage, aft fuselage, and ruddervator 
control system with any subsequent repair and the setting of the 
elevator controls, rudder and tab system controls, cable tensions, and 
rigging a one time action; and
--Would add repetitive inspections of the fuselage bulkheads that were 
required by AD 94-20-04.

Cost Impact

How Many Airplanes Would the Proposed AD Impact?

    We estimate that the proposed AD affects 10,200 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. These cost figures are exactly the same as what is 
currently required by AD 94-20-04 R1. Although we are adding the 
inspection of the fuselage bulkheads to the proposed AD, we had already 
incorporated the costs of this inspection into the Cost Impact of AD 
94-20-04 R1. Therefore, this proposed AD presents no new costs upon the 
public:

----------------------------------------------------------------------------------------------------------------
                                                                                Total  cost per   Total cost  on
                  Labor cost                              Parts cost                airplane     U.S.  operators
----------------------------------------------------------------------------------------------------------------
40 workhours at $60 per hour = $2,400........  Not applicable.................          $2,400      $24,480,000
----------------------------------------------------------------------------------------------------------------

    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 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 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 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) 
94-20-04

[[Page 3831]]

R1, Amendment 39-12919 (67 FR 64794, October 22, 2002), and by adding a 
new AD to read as follows:

Raytheon Aircraft Company (Beech Aircraft Corporation formerly held 
Type Certificate (TC) No. A-777 and TC No. 3A15): Docket No. 93-CE-
37-AD; Revises AD 94-20-04 R1, Amendment 39-12919, which revised 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:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Verify that the           Accomplish the        Verify in accordance
 ruddervator balance is        verification within   with the applicable
 within manufacturer's         the next 100 hours    the shop or
 specified limits as defined   TIS after November    maintenance manual.
 in the applicable shop or     28, 1994 (the         Balance the
 maintenance manual. If the    effective date of     ruddervator control
 ruddervator is outside the    AD 94-20-04) and      surfaces in
 specified limits, balance     thereafter prior to   accordance with
 the ruddervator control       further flight        Section 3 of Beech
 surfaces.                     after the             Shop Manual 35-
                               ruddervators are      590096B19, or
                               repaired or           subsequent
                               repainted (even if    revisions.
                               stripes are added
                               or paint is touched
                               up).
                              Accomplish the
                               balancing prior to
                               further flight
                               after the
                               ruddervator is
                               found outside the
                               specified limits.
-----------------------------
(2) Visually inspect the      Inspect and set the   In accordance with
 empennage, aft fuselage,      controls, tension,    the procedures and
 and ruddervator control       and rigging within    as specified in the
 system for damage.            the next 100 hours    instructions to
(i) Repair or replace any      TIS after November    Beech Kit 35-4017-1
 damaged parts; and.           28, 1994 (the         ``Kit Information
(ii) Set the elevator          effective date of     Empennage and Aft
 controls, rudder and tab      AD 94-20-04).         Fuselage
 system controls, cable        Accomplish any        Inspection'', as
 tensions, and rigging..       repairs and           specified in Beech
                               replacements prioir   Service Bulletin
                               to further flight     No. 2188, dated
                               after the             May, 1987.
                               inspection.
-----------------------------
(3) Accomplish the following  Initially inspect     In accordance with
 actions:                      within the 100        the procedures in
(i) Visually inspect the       hours time-in-        the instructions to
 fuselage bulkheads at         procedures after      Beech Kit 35-4017-1
 Fuselage Station (FS) 256.9   the effective date    ``Kit Information
 and FS 272 for damage         of this AD.           Empennage & Aft
 (cracks, distortion, loose    Repetitively          Fuselage
 rivets, etc.);.               inspect thereafter    Inspection'', as
(ii) Visually inspect the      at intervals not to   specified in Beech
 fuselage skin around the      exceed 100 hours      SB 2188, dated May
 bulkhead for damage           TIS. Repair or        1987.
 (wrinkles or cracks); and.    replace prior to
(iii) Repair or replace any    further flight
 damaged parts..               where damage is
                               found.
-----------------------------
(4) Remove all external       Within the next 100   In accordance with
 stabilizer reinforcements     hours TIS after       the applicable
 installed during              November 28, 1994     maintenance
 incorporation of either       (the effective date   information.
 Supplement Type Certificate   of AD 94-20-04),
 (STC) SA845GL, STC SA846GL,   unless already
 STC SA1650CE, STC SA2286NM,   accomplished.
 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)(5)(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)(5)(i) of this
 AD..
-----------------------------
(5) Accomplish the            Within the next 100   In accordance with
 following:                    hours TIS after       RAC Kit No. 35-4016-
(i) Install stablizer          November 28, 1994     3, 35-4016-5, 35-
 reinforcements;.              (the effective date   4016-7, or 35-4016-
(ii) Set the elevator          of AD 94-20-04),      9, as applicable
 nosedown trim; and.           unless already        and as specified in
(iii) Replace the              accomplished.         Beech SB No. 2188,
 ruddervator tab control                             dated May, 1987.
 cables with larger diameter
 cables..
-----------------------------

[[Page 3832]]

 
(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 November
                               28, 1994 (the
                               effective date the
                               of AD 94-20-04),
                               unless already
                               accomplished.
                               Correct any
                               discrepancies.
                               prior to further
                               flight after the
                               verification.
------------------------------------------------------------------------

    (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 R1 or AD 94-20-04 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 
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 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 revises AD 94-20-04 R1, Amendment 39-12919.

Appendix to Docket No. 93-CE-37-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.
    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 January 15, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 03-1678 Filed 1-24-03; 8:45 am]
BILLING CODE 4910-13-P