[Federal Register: May 14, 2003 (Volume 68, Number 93)]
[Rules and Regulations]
[Page 25811-25814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my03-1]
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Rules and Regulations
Federal Register
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[[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.
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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:
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Total cost on
Labor cost Parts cost Total cost per airplane U.S. operators
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40 workhours at $60 per hour = $2,400.. Not Applicable........... $2,400 per airplane...... $24,480,000.
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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]]
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Actions Compliance Procedures
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(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]
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