[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Rules and Regulations]
[Pages 56163-56171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26867]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-209-AD; Amendment 39-11372; AD 99-21-26]
RIN 2120-AA64
Airworthiness Directives; Raytheon (Beech) Model 400, 400A, 400T,
and MU-300-10 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain Raytheon (Beech) Model 400, 400A, 400T, and
MU-300-10 airplanes, that currently requires a revision to the Airplane
Flight Manual (AFM) to provide pilots with special operating procedures
during icing conditions. This amendment adds a requirement to modify
the airplane ice protection system. This amendment also removes Model
MU-300 airplanes from the applicability of the existing AD. This
amendment is prompted by the development of a modification that will
positively address the unsafe condition. The actions specified by this
AD are intended to prevent uncommanded nose-down pitch at certain flap
settings during icing conditions.
DATES: Effective November 22, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 22, 1999.
ADDRESSES: The service information referenced in this AD may be
obtained from Raytheon Aircraft Company, Technical Services--Beech;
P.O. Box 85, Wichita, Kansas 67201-0085. This information may be
examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Small Airplane Directorate, Wichita Aircraft
Certification Office, 1801 Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tina L. Miller, Aerospace Engineer,
Flight Test Branch, ACE-117W, FAA, Small Airplane Directorate, Wichita
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4168; fax
(316) 946-4407.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 94-25-10,
amendment 39-9094 (59 FR 64112, December 13, 1994), which is applicable
to all Raytheon (Beech) Model 400, 400A, 400T, and MU-300-10 airplanes,
and all Mitsubishi Model MU-300 airplanes, was published in the Federal
Register on February 26, 1997 (62 FR 8650). That action proposed to
continue to require a revision to the Airplane Flight Manual (AFM) to
provide pilots with special operating procedures during icing
conditions, and proposed to require modification of the horizontal
stabilizer ice protection system. That action also proposed to remove
Model MU-300 airplanes from the applicability of the existing AD. [The
FAA is in the process of issuing separate rulemaking action (Docket 96-
NM-210-AD) for Model MU-300 airplanes that will require, among other
things, certain AFM revisions and installation of an ice detector on
those airplanes.] That proposal was prompted by the development of a
modification that will positively address the unsafe condition. The
proposed requirements of that action are intended to prevent
uncommanded nose-down pitch at certain flap settings during icing
conditions.
Actions Since the Issuance of the NPRM
The FAA has reviewed and approved Raytheon Service Instructions No.
T-1A-0064 (undated). This service information describes procedures for
installation of an additional anti-ice control valve and pressure
switch for the bleed air supply in the aft fuselage compartment, and an
ice detector on the nose of the aircraft, and related annunciators,
relays, a selector switch, and electrical wiring in the flight
compartment and fuselage areas. In addition, the service information
contains a ``Note'' that provides procedures to perform if icing
conditions are encountered during flight.
Comments to the NPRM
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Delay Issuance of the Final Rule
One commenter requests that the FAA delay the issuance of the final
rule until a new modification of the horizontal stabilizer icing
protection system is available for field installation on the Model
400T. The commenter states that such a modification would require less
down time of the airplane and lower costs to the operator.
The FAA considers that a delay in issuance of this final rule is
unnecessary. The FAA considers that accomplishment of the actions
required by the existing AD were adequate to prevent uncommanded nose-
down pitch at certain flap settings during icing conditions in the
interim until the modification required by this final rule could be
accomplished. However, as noted in the proposal, accomplishment of the
modification of the ice protection system improves the ice protection
of the horizontal stabilizer. Since such a modification is now
available for Model 400T airplanes, the FAA has determined that it is
appropriate to add a provision for accomplishment of this modification
in this final rule. Paragraph (b)(2) of this AD has been revised
accordingly.
Request To Revise the Cost Impact Paragraph
This same commenter requests that the FAA revise the number of
airplanes specified in the Cost Impact paragraph of the proposal to
reflect the actual number of airplanes affected by the proposal. The
manufacturer notes that there are currently 360 Raytheon (Beech) Model
400, 400A, and 400T airplanes and MU-300-10 airplanes in the worldwide
fleet, 64 Model 400 and MU-300-10 airplanes, 107 Model 400A airplanes,
and 189 Model 400T airplanes of U.S. Registry.
The FAA concurs with revising the number of airplanes, and the
resulting revision of the cost estimate figures involved. However,
since the submittal of the manufacturer's initial comments,
[[Page 56164]]
the manufacturer has updated the correct number of airplanes again. The
FAA has revised the Cost Impact paragraph of the final rule to specify
the latest number of airplanes and the consequent revision of the cost
estimate figures.
Request To Revise the Description of the Ice Protection System
This same commenter also requests that the description of the ice
protection specified in the Summary section of the proposed rule be
clarified from ``horizontal stabilizer ice protection system * * *'' to
specify ``airplane ice protection system.'' The manufacturer states
that the proposal refers not only to the horizontal stabilizer ice
protection, but pertains to the entire airplane's ice protection
system.
The FAA acknowledges that the actions specified in the final rule
apply to the entire ``airplane'' ice protection system, although the
modification applies primarily to the horizontal stabilizer ice
protection system. The FAA has revised the final rule to reflect the
description of the modification as the ``airplane ice protection
system.''
Additional Change to the Final Rule
As discussed previously, the FAA has reviewed and approved Raytheon
Service Instructions No. T-1A-0064 (undated), which describes
procedures for modification of the airplane ice protection system. The
FAA has added the service instruction as the appropriate source of
service information for accomplishment of the requirements of paragraph
(b)(2) of this final rule.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 388 Raytheon (Beech) Model 400, 400A, 400T,
and MU-300-10 airplanes of the affected design in the worldwide fleet.
The FAA estimates that 64 Model 400 and MU-300-10 airplanes, 90
Model 400A airplanes, and 183 Model 400T airplanes of U.S. registry
will be affected by this AD.
The actions that are currently required by AD 94-25-10 (AFM
revision) take approximately 1 work hour per airplane to accomplish, at
an average labor rate of $60 per work hour. Based on these figures, the
cost impact on U.S. operators of the actions currently required is
estimated to be $20,220, or $60 per airplane.
For Model 400, 400A, and MU-300-10 airplanes: The modification that
is required by this AD will take approximately 320 work hours per
airplane to accomplish, at an average labor rate of $60 per work hour.
Required parts will cost between $37,000 and $45,000 per airplane.
Based on these figures, the cost impact on the requirements of this AD
for U.S. operators of those airplanes is estimated to be between
$8,654,800 and $9,886,800, or between $56,200 and $64,200 per airplane.
For Model 400T airplanes: The modification required by this AD will
take approximately 360 work hours per airplane to accomplish, at an
average rate of $60 per work hour. Required parts will cost
approximately $40,000 per airplane. Based on these figures, the cost
impact of the AD on U.S. operators of those airplanes is estimated to
be $11,272,800, or $61,600 per airplane. However, the FAA has been
advised that, for Model 400T airplanes, the manufacturer has committed
previously to its customers that it will bear the cost of replacement
parts and labor costs necessary to accomplish the replacement of those
parts. Therefore, the future economic cost impact of this rule on U.S.
operators may be less than the cost impact figure indicated above.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from 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
Accordingly, pursuant to 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
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. Section 39.13 is amended by removing amendment 39-9094 (59 FR
64112, December 13, 1994), and by adding the following new
airworthiness directive (AD), amendment 39-11372, to read as follows:
99-21-26 Raytheon Aircraft Company (Formerly Beech): Amendment 39-
11372. Docket 96-NM-209-AD. Supersedes AD 94-25-10, Amendment 39-
9094.
Applicability: All Model 400, 400T, and MU-300-10 airplanes; and
Model 400A airplanes having serial numbers RK-1 through RK-107
inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, 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 (c) 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 the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent uncommanded nose-down pitch at certain flap settings
during icing conditions, accomplish the following:
(a) Within 20 days after December 28, 1994 (the effective date
of AD 94-25-10, amendment 39-9094), revise the Limitations
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Section and Normal Procedures Section of the FAA-approved Airplane
Flight Manual (AFM) to include the following text. This may be
accomplished by inserting a copy of this AD in the AFM.
``ICING CONDITIONS
If icing conditions are encountered during flight, no greater
than 10 degrees flaps may be utilized for landing unless the
following conditions are met:
1. The icing conditions were encountered for less than 10 minutes,
and the Ram Air Temperature (RAT) during such encounter was warmer
than -8 degrees C.
Or
2. A RAT of +5 degrees C or warmer is observed during approach and
landing.
If either of the above two conditions is met, 30 degrees flaps
may be utilized for landing.
Otherwise:
Flaps (landing flaps setting)............. 10 degrees
Land Select (LAND SEL) Switch............. Flaps 10 degrees
Use landing data for 10 degrees flaps from Appendix 1 of this
AD.''
(b) Within 2 years after the effective date of this AD,
accomplish the actions specified in paragraph (b)(1) or (b)(2) of
this AD, as applicable.
(1) For Model 400, 400A, and MU-300-10 airplanes: Modify the
airplane ice protection system in accordance with Beechcraft Service
Bulletin No. 2600, dated November 1995. Accomplishment of this
modification constitutes terminating action for the AFM revision
required by paragraph (a) of this AD. Following such accomplishment,
that AFM revision may be removed from the AFM.
(2) For Model 400T airplanes: Accomplish the actions specified
in accordance with either paragraph (b)(2)(i) or (b)(2)(ii) of this
AD.
(i) Accomplish the actions specified in paragraph (b)(2)(i)(A)
and (b)(2)(i)(B) of this AD.
(A) Revise the Limitations Section and Normal Procedures Section
of the FAA-approved Airplane Flight Manual (AFM) to include the
following text. This may be accomplished by inserting a copy of this
AD in the AFM. Following such accomplishment, the AFM revision
required by paragraph (a) of this AD may be removed from the AFM.
``ICING CONDITIONS
If icing conditions are encountered during flight, no greater
than 10 degrees flaps may be utilized for landing unless the
following conditions are met:
1. The icing conditions were encountered for less than 10 minutes,
and the Ram Air Temperature (RAT) during such encounter was warmer
than -8 degrees C.
Or
2. A RAT of +5 degrees C or warmer is observed during approach and
landing.
If either of the above two conditions is met, 30 degrees flaps
may be utilized for landing.
Note: Do not operate anti-ice system at ram air temperatures
greater than 50 degrees F (10 degrees C) unless in actual icing
conditions, as indicated by the illumination of the ICING
annunciator or airframe ice accumulation.''
(B) Modify the airplane ice protection system in accordance with
Raytheon Beech Service Instructions No. T-1A-0064 (undated).
Accomplishment of the modification does not constitute terminating
action for the requirement to revise the AFM in accordance with
paragraph (b)(2)(i)(A) of this AD.
(ii) Modify the airplane ice protection system in accordance
with a method approved by the Manager, Wichita Aircraft
Certification Office (ACO), FAA, Small Airplane Directorate.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Wichita ACO. Operators shall submit
their requests through an appropriate FAA Principal Maintenance
Inspector, who may add comments and then send it to the Manager,
Wichita ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita ACO.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Incorporation by Reference
(e) Except as provided by paragraphs (a), (b)(2)(i)(A), and
(b)(2)(ii) of this AD, the actions shall be done in accordance with
Beechcraft Service Bulletin No. 2600, dated November 1995, or
Raytheon Service Instructions No. T-1A-0064 (undated). This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
FAA, Small Airplane Directorate, Wichita Aircraft Certification
Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita,
Kansas; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
(f) This amendment becomes effective on November 22, 1999.
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Issued in Renton, Washington, on October 7, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-26867 Filed 10-15-99; 8:45 am]
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