[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Rules and Regulations]
[Pages 19785-19788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7048]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26075; Directorate Identifier 2006-CE-55-AD; 
Amendment 39-15025; AD 2007-08-08]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company (The Beech 
Aircraft Company and BEECH previously held Type Certificate Nos. 3A15, 
3A16, 5A3, and A-777) Models 35-33, 35-A33, 35-B33, 35-C33, E33, F33, 
G33, 35-C33A, E33A, F33A, E33C, F33C, 35, A35, B35, C35, D35, E35, F35, 
G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, V35B, 36, A36, A45 
(T-34A, B45), D45 (T-34B), 95-55, 95-A55, 95-B55, 95-B55A, 95-B55B (T-
42A), 95-C55, 95-C55A, D55, D55A, E55, E55A, 56TC, A56TC, 58, 95, B95, 
B95A, D95A, and E95 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) that 
supersedes AD 72-22-01, which applies to certain Raytheon Aircraft 
Company (RAC) (The Beech Aircraft Company and BEECH previously held 
Type Certificate Nos. 3A15, 3A16, 5A3, and A-777) Models 33, 35, 36, 
45, and 95 series airplanes. AD 72-22-01 currently requires you to 
determine if each uplock roller is of the greasible type (one having a 
drilled and grooved inner race), replace any nongreasible uplock roller 
(one having a solid inner race) with the greasible type before further 
flight, install hollow zerk-ended mounting bolts on the uplock rollers, 
and repetitively lubricate the uplock mechanism. Since we issued AD 72-
22-01, there was a recent incident involving a RAC Model 95-B55B (T-
42A) airplane where a seizure of the uplock rollers occurred. This 
malfunction of the uplock rollers is addressed in AD 72-22-01. Thus, 
the FAA has determined that the actions of AD 72-22-01 should also 
apply to certain serial numbers of the Model 95-B55B (T-42A) airplanes. 
Consequently, this AD retains all the actions of AD 72-22-01, adds 
those Model 95-B55B (T-42A) airplanes to the applicability of this AD, 
and lists the specific serial numbers. We are issuing this AD to 
decrease the possibility of gear-up landings caused by seizure of the 
uplock rollers.

DATES: This AD becomes effective on May 25, 2007.
    On May 25, 2007 the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: To get the service information identified 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 20590-001 or on the Internet at http://dms.dot.gov. The 
docket number is FAA-2006-26075; Directorate Identifier 2006-CE-55-AD.

FOR FURTHER INFORMATION CONTACT: Anthony Flores, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Wichita, 
Kansas 67209; telephone: (316) 946-4174; facsimile: (316) 946-4107.

SUPPLEMENTARY INFORMATION:

Discussion

    On December 4, 2006, 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

[[Page 19786]]

certain RAC Models 33, 35, 36, 45, and 95 series airplanes. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on December 11, 2006 (71 FR 71494). The NPRM proposed 
to retain all the actions of AD 72-22-01, add those Model 95-B55B (T-
42A) airplanes to the applicability of the proposed AD, and list the 
specific serial numbers.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue No. 1: Change Compliance Time for AD 72-22-01

    Kenneth R. Pearce, Pearce Aircraft Services, Inc, writes that AD 
72-22-01, which requires compliance within 300 hours time-in-service 
(TIS), should be changed to 100 hours TIS or the next annual 
inspection, whichever comes last. The 300-hour limit casts doubt on the 
urgent need for a flight safety action.
    The FAA has reviewed and considered the commenter's comments and 
does not agree. The purpose of the proposed AD is not to change the 
requirements of AD 72-22-01, but to add another model to the 
applicability list. Service history has shown that the 300-hour 
inspection is adequate to remove the unsafe condition. Therefore, the 
FAA will maintain the current requirements from the NPRM.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 2: No Need for the Required Recurring 100-Hour TIS 
Lubrication

    Kenneth R. Pearce also writes that there is no need for the AD to 
require the recurring 100-hour TIS lubrication. He explains that 
maintenance of the uplock roller is thoroughly documented in the 
airplane maintenance manuals (AMMs), the 100-hour TIS/annual inspection 
checklist does list lubrication as required following the AMMs, and the 
Pilots Operating Handbook/FAA-approved Airplane Flight Manual directs 
checking the uplock roller for free rotation before flight.
    In addition, Pearce also notes that the landing gear system is a 
complex assembly that is totally dependent on exacting adjustment of 
several switches, adjustment of actuator rods, strength of springs, and 
timely lubrication of all grease fittings with appropriate lubricants. 
If the maintenance is proper, the rollers will not restrict the landing 
gear movement because they touch the uplock block only in severe 
turbulence.
    The FAA has reviewed and considered the commenter's comments and 
does not agree. The purpose of the proposed AD is not to change the 
requirements of AD 72-22-01, but to add another model to the 
applicability list. The commenter concurs with the proposed AD to 
include the model 95-B55B (T-42A) airplane. At the time of AD 72-22-01, 
it was necessary to address these repetitive lubrications through AD 
action. If a maintenance manual is revised to add procedures, that does 
not eliminate the need for the AD since the only way to ensure that all 
revised maintenance procedures are incorporated is through an AD. We 
have determined that the 100-hour TIS repetitive lubrication 
requirement is still necessary to address the unsafe condition.
    We are not changing the final rule AD action based on this comment.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
     Are consistent with 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.

Costs of Compliance

    We estimate that this AD affects 9,714 airplanes in the U.S. 
registry, including those airplanes affected by AD 72-22-01.
    We estimate the following costs to do the actions to determine if 
each uplock roller is of the greasible type (one having a drilled and 
grooved inner race), replace any nongreasible uplock roller (one having 
a solid inner race) with the greasible type before further flight, 
install hollow zerk-ended mounting bolts on the uplock rollers, and 
initially lubricate the uplock mechanism:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $80 per hour = $160...........................             $30             $190       $1,845,660
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs for each lubrication of the uplock 
mechanism:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80.............................            None              $80         $777,120
----------------------------------------------------------------------------------------------------------------

    The estimated total cost on U.S. operators includes the cumulative 
costs associated with those airplanes affected by AD 72-22-01 and those 
airplanes being added in this AD.

Authority for This Rulemaking

    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 AD.

[[Page 19787]]

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    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 summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2006-26075; Directorate Identifier 2006-CE-55-AD'' in your 
request.

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 AD 72-22-01, Amendment 39-1544, 
and adding a new AD to read as follows:

2007-08-08 Raytheon Aircraft Company (The Beech Aircraft Company and 
BEECH previously held Type Certificate Nos. 3A15, 3A16, 5A3, and A-
777): Amendment 39-15025; Docket No. FAA-2006-26075; Directorate 
Identifier 2006-CE-55-AD.

Effective Date

    (a) This AD becomes effective on May 25, 2007.

Affected ADs

    (b) This AD supersedes AD 72-22-01, Amendment 39-1544.

Applicability

    (c) This AD applies to the following airplane models and serial 
numbers (SNs) that are certificated in any category:
    (1) Group 1 (maintains the actions from AD 72-22-01):

------------------------------------------------------------------------
               Model                                 SNs
------------------------------------------------------------------------
(i) 35-33, 35-A33, 35-B33, 35-C33,  CD-1 through CD-1256.
 E33, F33, and G33.
(ii) 35-C33A, E33A, and F33A......  CE-1 through CE-349.
(iii) E33C and F33C...............  CJ-1 through CJ-30.
(iv) 35, A35, B35, C35, D35, E35,   D-1 through D-9287.
 F35, G35, H35, J35, K35, M35,
 N35, P35, S35, V35, V35A, and
 V35B.
(v) 36 and A36....................  E1 through E-283.
(vi) A45 (T-34A, B45) and D45 (T-   All.
 34B).
(vii) 95-55, 95-A55, 95-B55, and    TC-1 through TC-1402.
 95-B55A.
(viii) 95-C55, 95-C55A, D55, D55A,  TE-1 through TE-846.
 E55, and E55A.
(ix) 56TC and A56TC...............  TG-1 through TG-94.
(x) 58............................  TH-1 through TH-174.
(xi) 95, B95, B95A, D95A, and E95.  TD-2 through TD-721.
------------------------------------------------------------------------

    (2) Group 2: Model 95-B55B (T-42A) airplanes, SNs TF-1 through 
TF-70.

Unsafe Condition

    (d) This AD results from a recent incident involving a Raytheon 
Aircraft Company (RAC) Model 95-B55B (T-42A) airplane where a 
seizure of the uplock rollers occurred. We are issuing this AD to 
decrease the possibility of gear-up landings caused by seizure of 
the uplock rollers.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Determine if each uplock  (i) For Group 1       Follow Beechcraft
 roller is of the greasible    airplanes: Within     Service
 type (one having a drilled    300 hours time-in-    Instructions No.
 and grooved inner race).      service (TIS) after   0448-211, Rev. I
                               October 25, 1972      (undated), or
                               (the effective date   Beechcraft Service
                               of AD 72-22-01).      Instructions No.
                                                     0448-211 (undated).
                              (ii) For Group 2
                               airplanes: Within
                               300 hours TIS after
                               May 25, 2007 (the
                               effective date of
                               this AD).
(2) Replace any nongreasible  (i) For Group 1       Follow Beechcraft
 uplock roller (one having a   airplanes: Before     Service
 solid inner race) with the    further flight        Instructions No.
 greasible type.               after the             0448-211, Rev. I
                               determination         (undated), or
                               required by           Beechcraft Service
                               paragraph (e)(1)(i)   Instructions No.
                               of this AD.           0448-211 (undated).
                              (ii) For Group 2
                               airplanes: Before
                               further flight
                               after the
                               determination
                               required by
                               paragraph
                               (e)(1)(ii) of this
                               AD..
(3) Install hollow zerk-      (i) For Group 1       Follow Beechcraft
 ended mounting bolts on the   airplanes: Within     Service
 uplock rollers.               300 hours TIS after   Instructions No.
                               October 25, 1972      0448-211, Rev. I
                               (the effective date   (undated), or
                               of AD 72-22-01).      Beechcraft Service
                              (ii) For Group 2       Instructions No.
                               airplanes: Within     0448-211 (undated).
                               300 hours TIS after
                               May 25, 2007 (the
                               effective date of
                               this AD)..

[[Page 19788]]

 
(4) Lubricate the uplock      (i) For Group 1       Follow Beechcraft
 mechanism.                    airplanes:            Service
                               Initially within      Instructions No.
                               300 hours TIS after   0448-211, Rev. I
                               October 25, 1972      (undated), or
                               (the effective date   Beechcraft Service
                               of AD 72-22-01).      Instructions No.
                               Repetitively          0448-211 (undated).
                               lubricate
                               thereafter at
                               intervals not to
                               exceed 100 hours
                               TIS.
                              (ii) For Group 2
                               airplanes:
                               Initially within
                               300 hours TIS after
                               May 25, 2007 the
                               effective date of
                               this AD.
                               Repetitively
                               lubricate
                               thereafter at
                               intervals not to
                               exceed 100 hours
                               TIS.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Wichita Aircraft Certification Office, FAA, 
ATTN: Anthony Flores, Aerospace Engineer, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4174; facsimile: (316) 
946-4107, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (g) AMOCs approved for AD 72-22-01 are approved for this AD.

Material Incorporated by Reference

    (h) You must use Beechcraft Service Instructions No. 0448-211, 
Rev. I (undated), or Beechcraft Service Instructions No. 0448-211 
(undated), to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Beechcraft Service Instructions No. 
0448-211 (undated), and Beechcraft Service Instructions No. 0448-
211, Rev. I (undated), under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 429-5372 or (316) 676-3140.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on April 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-7048 Filed 4-19-07; 8:45 am]
BILLING CODE 4910-13-P