[Federal Register Volume 71, Number 24 (Monday, February 6, 2006)]
[Proposed Rules]
[Pages 6025-6028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1562]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23319; Directorate Identifier 2005-CE-52-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company 65, 90, 99, 
and 100 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 92-
07-05, which applies to certain Raytheon Aircraft Company (Raytheon) 
65, 90, 99, and 100 series airplanes. AD 92-07-05 currently requires 
you to inspect the rudder trim tab for proper moisture drainage 
provisions, and if the correct drainage provisions do not exist, prior 
to further flight, modify the rudder trim tab. Since we issued AD 92-
07-05, FAA has received and evaluated new service information that 
requires the

[[Page 6026]]

actions of AD 92-07-05 for the added serial numbers LJ-1281 through LJ-
1732 for the Model C90A airplanes. Consequently, this proposed AD 
retains all the actions of AD 92-07-05 and adds serial numbers LJ-1281 
through LJ-1732 for the Model C90A airplanes in the applicability 
section. We are issuing this proposed AD to prevent water accumulation 
in the rudder trim tab, which could result in a change in the mass 
properties and thus result in the lower flutter speed of the airplane. 
Airplane flutter could result in failure and loss of control of the 
airplane.

DATES: We must receive comments on this proposed AD by April 10, 2006.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 
67201-0085; telephone: (800) 429-5372 or (316) 676-3140 for the service 
information identified in this proposed AD.
    You may examine the comments on this proposed AD in the AD docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Steven E. Potter, Aerospace Engineer, 
Wichita Aircraft Certification Office (ACO), FAA, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 946-
4107.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    How do I comment on this proposed AD? We invite you to send any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2005-23319; Directorate Identifier 2005-CE-52-AD'' 
at the beginning of your comments. We specifically invite comments on 
the overall regulatory, economic, environmental, and energy aspects of 
the proposed AD. We will consider all comments received by the closing 
date and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed rulemaking. Using the search 
function of the DOT docket Web site, anyone can find and read the 
comments received into any of our dockets, including the name of the 
individual who sent the comment (or signed the comment on behalf of an 
association, business, labor union, etc.). You may review the DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.

Examining the Dockets

    Where can I go to view the docket information? You may examine the 
docket that contains the proposal, any comments received and any final 
disposition on the Internet at http://dms.dot.gov, or in person at the 
DOT Docket Offices between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone 1-800-647-5227) 
is located on the plaza level of the Department of Transportation 
NASSIF Building at the street address stated in ADDRESSES. Comments 
will be available in the AD docket shortly after the Docket Management 
Facility receives them.

Discussion

    Has FAA taken any action to this point? We received and evaluated 
new service information on Beech (now Raytheon) Models 65-90, 65-A90, 
65-A90-1, 65-A90-2, 65-A90-3, 65-A90-4, B90, C90, C90A, E90, H90, 99, 
99A, A99A, B99, C99, 100, A100, and B100 airplanes that caused us to 
issue AD 92-07-05, Amendment 39-8201 (57 FR 8721, March 12, 1992). AD 
92-07-05 currently requires the following on certain Raytheon Aircraft 
Company (Raytheon) Models 65-90, 65-A90, 65-A90-1, 65-A90-2, 65-A90-3, 
65-A90-4, B90, C90, C90A, E90, H90, 99, 99A, A99A, B99, C99, 100, A100, 
and B100 airplanes:
     Inspect the rudder trim tab for proper moisture drainage 
provisions; and
     If the correct drainage provisions do not exist, prior to 
further flight, modify the rudder trim tab to provide the correct 
drainage provisions.
    What has happened since AD 92-07-05 to initiate this proposed AD 
action? Since we issued AD 92-07-05, FAA has received and evaluated new 
service information that requires the actions of AD 92-07-05 for the 
added serial numbers LJ-1281 through LJ-1732 for the Model C90A 
airplanes.
    What is the potential impact if FAA took no action? This condition, 
if not corrected, could result in water accumulation in the rudder trim 
tab, which could result in a change in the mass properties and thus 
result in the lower flutter speed of the airplane. Airplane flutter 
could result in failure and loss of control of the airplane.

Relevant Service Information

    Is there service information that applies to this subject? We have 
reviewed:
     Raytheon Aircraft Company Service Bulletin No. SB 55-2365, 
Revision 2, Issued: January 1991, Revised: October 2005; and
     Beech Service Bulletin No. 2365, Revision 1, dated 
December 1991.
    What are the provisions of this service information? The service 
information describes procedures for:
     Inspecting the rudder trim tab for proper moisture 
drainage provisions; and
     If the correct drainage provisions do not exist, prior to 
further flight, modifying the rudder trim tab to provide the correct 
drainage provisions.

FAA's Determination and Requirements of the Proposed AD

    Why have we determined AD action is necessary and what would this 
proposed AD require? We are proposing this AD to address an unsafe 
condition that we determined is likely to exist or develop on other 
products of this same type design. The proposed AD would supersede AD 
92-07-05 with a new AD that would incorporate the actions in the 
previously-referenced service bulletins. The proposed AD would require 
you to use the service information described previously to perform 
these actions.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 2,407 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 
do this proposed inspection:

[[Page 6027]]



----------------------------------------------------------------------------------------------------------------
                                                                     Total cost per       Total cost on U.S.
               Labor cost                        Parts cost             airplane              operators
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 = $65................  Not Applicable............             $65       2,407 x $65 = $156,455
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary modification of 
the rudder trim tab to provide the correct drainage provisions that 
would be required based on the results of this proposed inspection. We 
have no way of determining the number of airplanes that may need this 
modification:

------------------------------------------------------------------------
                                                          Total cost per
               Labor cost                   Parts cost       airplane
------------------------------------------------------------------------
1 work hour x $65 = $65.................             $25             $90
------------------------------------------------------------------------

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

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 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. The FAA amends Sec.  39.13 by removing Airworthiness Directive 
(AD) 92-07-05, Amendment 39-8201, and adding the following new 
airworthiness directive:

Raytheon Aircraft Company: Docket No. FAA-2005-23319; Directorate 
Identifier 2005-CE-52-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this airworthiness directive (AD) action by April 10, 
2006.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 92-07-05; Amendment 39-8201.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category:
    (1) Group 1 (maintains the actions from AD 92-07-05):

------------------------------------------------------------------------
                 Model                            Serial numbers
------------------------------------------------------------------------
(i) 65-90, 65-A90, B90, C90, and C90A..  LJ-1 through LJ-1280.
(ii) E90...............................  LW-1 through LW-347.
(iii) 99, 99A, A99, A99A, B99, and C99.  U-1 through U-136 and U-146
                                          through U-239.
(iv) 100 and A100......................  B1 through B-94, B-100 through
                                          B-204, and B-206 through B247.
(v) B100...............................  BE-1 through BE-137.
(vi) 65-A90-1 (U-21A, JU-21A, RU-21D,    LM-1 through LM-141.
 RU-21H, RU-21A, U-21G).
(vii) 65-A90-2 (RU-21B)................  LS-1, LS-2, and LS-3.
(viii) 65-A90-3 (RU-21C)...............  LT-1 and LT-2
(ix) 65-A90-4 (RU-21EA, U-21H, RU-21H).  LU-1 through LU-16.
(x) H90 (T-44A)........................  LL-1 through LL-61
(xi) 99A (FACH)........................  U-137 through U-145.
(xii) A100 (U-21F).....................  B95 through B-99.
------------------------------------------------------------------------


[[Page 6028]]

    (2) Group 2: Model C90A, serial numbers LJ-1281 through LJ-1732.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD results from receiving and evaluating new service 
information that requires the actions of AD 92-07-05 for the added 
serial numbers LJ-1281 through LJ-1732 for the Model C90A airplanes. 
The actions specified in this AD are intended to prevent water 
accumulation in the rudder trim tab, which could result in a change 
in the mass properties and thus result in the lower flutter speed of 
the airplane. Airplane flutter could result in failure and loss of 
control of the airplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For Group 1 Airplanes:    Within 150 hours      Follow Beech Service
 Inspect the rudder trim tab   time-in-service       Bulletin No. 2365,
 for proper moisture           (TIS) after April     Revision 1, dated
 drainage provisions.          30, 1992 (the         December 1991.
                               effective date of
                               AD 92-07-05),
                               unless already done.
(2) For Group 1 Airplanes:    Before further        Follow Beech Service
 If the correct drainage       flight after the      Bulletin No. 2365,
 provisions do not exist,      inspection required   Revision 1, dated
 prior to further flight,      by paragraph (e)(1)   December 1991.
 modify the rudder trim tab.   of this AD.
(3) For Group 2 Airplanes:    Within 150 hours      Follow Raytheon
 Inspect the rudder trim tab   time-in-service       Aircraft Company
 for proper moisture           (TIS) after the       Service Bulletin
 drainage provisions.          effective date of     No. SB 55-2365,
                               this AD, unless       Revision 2, Issued:
                               already done.         January 1991,
                                                     Revised: October
                                                     2005.
(4) For Group 2 Airplanes:    Before further        Follow Raytheon
 If the correct drainage       flight after the      Aircraft Company
 provisions do not exist,      inspection required   Service Bulletin
 prior to further flight,      by paragraph (e)(3)   No. SB 55-2365,
 modify the rudder trim tab.   of this AD.           Revision 2, Issued:
                                                     January 1991,
                                                     Revised: October
                                                     2005.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) The Manager, Wichita Aircraft Certification Office (ACO), 
FAA, has the authority to approve alternative methods of compliance 
(AMOCs) for this AD, if requested using the procedures found in 14 
CFR 39.19.
    (i) For information on any already approved AMOCs or for 
information pertaining to this AD, contact Steven E. Potter, 
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Wichita, 
Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 946-4107.
    (ii) AMOCs approved for AD 92-07-05 are not approved for this 
AD.

May I Get Copies of the Documents Referenced in This AD?

    (g) To get copies of the documents referenced in this AD, 
contact Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 
67201-0085; telephone: (800) 429-5372 or (316) 676-3140. To view the 
AD docket, go to the Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401, Washington, DC, or on the Internet at http://dms.dot.gov. The 
docket number is Docket No. FAA-2005-23319; Directorate Identifier 
2005-CE-52-AD.

    Issued in Kansas City, Missouri, on January 31, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-1562 Filed 2-3-06; 8:45 am]
BILLING CODE 4910-13-P