[Federal Register Volume 68, Number 93 (Wednesday, May 14, 2003)]
[Rules and Regulations]
[Pages 25811-25814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11977]



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  Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules 
and Regulations  

[[Page 25811]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93-CE-37-AD; Amendment 39-13147; AD 94-20-04 R2]
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.

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

SUMMARY: This amendment revises 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 AD maintains the actions of AD 94-20-04 R1, but makes 
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 adds repetitive 
inspections of the fuselage bulkheads that were required by AD 94-20-
04. This 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 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 June 27, 2003.
    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 Raytheon Aircraft Company, PO 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) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

    Has FAA taken any related action on the Raytheon airplane 
ruddervator system 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.
    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 and incorporate the above-referenced comments. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on January 27, 2003 (68 FR 3829). The NPRM proposed 
to:
    --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
    --add repetitive inspections of the fuselage bulkheads that were 
required by AD 94-20-04.
    What is the potential impact if FAA took no action? This condition, 
if not corrected, could result in structural failure of the V-tail. 
Such failure could result in loss of control of the airplane.
    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: Provide Credit for Previously Accomplished Actions

    What is the commenter's concern? A commenter points out that FAA 
left off the phrase ``unless already accomplished'' for the initial 
actions of the proposed AD. The commenter believes that this phrase 
should be added based on FAA's inclusion of the phrase in other ADs.
    What is FAA's response to the concern? We concur that this phrase 
should be added to the initial actions of the proposed AD. We are 
changing the final rule AD action accordingly.

Comment Issue No. 2: The Inspection of the Empennage, Aft Fuselage, and 
Ruddervator Control System Should Be Repetitive

    What is the commenter's concern? Raytheon recommends that the

[[Page 25812]]

repetitive inspections of the empennage, aft fuselage, and ruddervator 
control system continue. This would include the setting of the elevator 
controls, rudder and tab system controls, cable tensions, and rigging. 
Raytheon states that ``these items can change with wear and usage and 
need to be maintained at specification to prevent unsafe conditions 
from developing.''
    What is FAA's response to the concern? The FAA does not concur. The 
intent of AD 94-20-04 R1 was to maintain the actions of AD 94-20-04 on 
the affected airplanes. The inspections of the empennage, aft fuselage, 
and ruddervator control system were a one-time action in AD 90-20-04. 
We inadvertently made them repetitive in AD 90-20-04 R1. This action 
will incorporate FAA's intent. We will continue to monitor the service 
history of these airplanes. If necessary, we will initiate future 
rulemaking to address this subject.
    We are not changing the final rule AD action based on this comment.

FAA's Determination

    What is FAA's final determination on this issue? We carefully 
reviewed all available information related to the subject presented 
above and 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 have determined that these 
changes and 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 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:

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

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 this AD, we had already incorporated the costs of 
this inspection into the Cost Impact of AD 94-20-04 R1. Therefore, this 
AD presents no new costs upon the public.
    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 may 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 may 
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

0
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

0
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]

0
2. FAA amends Sec.  39.13 by removing Airworthiness Directive 94-20-04 
R1, Amendment 39-12919 (67 FR 64794, October 22, 2002), and by adding a 
new AD to read as follows:

94-20-04 R2 Raytheon Aircraft Company (Beech Aircraft Corporation 
formerly held Type Certificate (TC) No. A-777 and TC No. 3A15): 
Amendment 39-13147; 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)(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 25813]]



----------------------------------------------------------------------------------------------------------------
                 Actions                                  Compliance                          Procedures
----------------------------------------------------------------------------------------------------------------
(1) Verify that the ruddervator balance    Accomplish the verification within the    Verify in accordance with
 is within the manufacturer's specified     next 100 hours time-in-service (TIS)      the applicable shop or
 limits as defined in the applicable shop   after November 28, 1994 (the effective    maintenance manual.
 or maintenance manual. If the              the date of AD 94-20-04), unless          Balance the ruddervator
 ruddervator is outside the specified       already accomplished, and thereafter      control surfaces in
 limits, balance the ruddervator control    prior to further flight after the         accordance with Section 3
 surfaces.                                  ruddervators are repaired or repainted    of Beech Shop Manual 35-
                                            (even if the stripes are added or paint   590096B19, or subsequent
                                            is touched up). Accomplish the            revisions.
                                            balancing prior to further flight after
                                            the ruddervator is found outside the
                                            specified limits.
------------------------------------------
(2) Visually inspect the empennage, aft    Inspect and set the controls, tension,    In accordance with the
 fuselage, and ruddervator control system   and rigging within the next 100 hours     procedures and as
 for damage.                                TIS after November 28, 1994 (the          specified in the
(i) Repair or replace any damaged parts;    effective date of AD 94-20-04), unless    instructions Beech Kit 35-
 and                                        already accomplished.                     4017-1 ``Kit Information
(ii) Set the elevator controls, rudder     Accomplish any repairs and replacements    Empennage and Aft Fuelsage
 and tab system controls, cable tensions,   prior to further flight after the         Inspection'', as specified
 and rigging.                               inspection.                               in Beech Service Bulletin
                                                                                      No. 2188, dated May, 1987.
------------------------------------------
(3) Accomplish the following actions:      Initially inspect within the next 100     In accordance with the
(i) Visually inspect the fuselage           hours TIS after June 27, 2003 (the        procedures in the
 bulkheads at Fuselage Station (FS) 256.9   effective date of this AD).               instructions to Beech Kit
 and FS 272 for damage (cracks,             Repetitively inspect thereafter at        35-4017-1 ``Kit
 distortion, loose rivets, etc.);           intervals not to exceed 100 hours TIS.    Information Empennage &
(ii) Visually inspect the fuselage skin     Repair or replace prior to further        Aft Fuselage Inspection'',
 around the bulkhead for damage (wrinkles   flight after the inspection where         as specified in Beech SB
 or cracks); and                            damage is found.                          2188, dated May 1987.
(iii) Repair or replace damaged parts.
------------------------------------------
(4) Remove all external stabilizer         Within the next 100 hours TIS after       In accordance with the
 reinforcements installed during the        November 28, 1994 (the effective date     applicable maintenance
 incorporation of either Supplemental       of AD 94-20-04), unless already           information.
 Type Certificate (STC) SA845GL, STC        accomplished.
 SA846GL, STC SA1650CE, STC SA2286NM, or
 STC SA2287NM, as applicable.
(i) Seal or fill any residual holes
 accomplished. 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 following:              Within the next 100 hours TIS after       In accordance with the
(i) Install stabilizer reinforcements;      November 28, 1994 (the effective date     instructions to RAC Kit
(ii) Set the elevator nose-down trim; and   of AD 94-20-04), unless already           Nos. 35-4016-3, 35-4016-5,
(iii) Replace the ruddervator tab control   accomplished.                             35-4016-7, or 35-4016-9,
 cables with larger diameter cables.                                                  as applicable and as
                                                                                      specified in Beech SB No.
                                                                                      2188, dated May, 1987.
------------------------------------------
(6) Verify the accuracy of the airplane    Accomplish the airplane basic weight and  Use the procedures
 basic weight and balance information and   balance accuracy verification within      contained in the Appendix
 correct any discrepancies.                 the next 100 hours TIS after November     to this AD.
                                            28, 1994 (the effective date 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)(1) and (a)(2) of

[[Page 25814]]

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) 946-4107.
    (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 Beech Kit Nos. 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 
Raytheon Aircraft Company, PO Box 85, Wichita, Kansas 67201-0085. 
You may view 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) Does this AD action affect any existing AD actions? This 
amendment revises AD 94-20-04 R1, Amendment 39-12919.

Appendix to AD 94-20-04 R2

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.
    (j) When does this amendment become effective? This amendment 
becomes effective on June 27, 2003.

    Issued in Kansas City, Missouri, on May 8, 2003.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-11977 Filed 5-13-03; 8:45 am]
BILLING CODE 4910-13-P