[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Rules and Regulations]
[Pages 31916-31918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15202]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-55-AD; Amendment 39-10590; AD 98-13-02]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company Models 35,
A35, B35, and 35R Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to Raytheon Aircraft Company (Raytheon) Models 35, A35, B35,
and 35R airplanes (commonly referred to as Beech Models 35, A35, B35,
and 35R airplanes). This AD requires fabricating a placard that
restricts the never exceed speed (Vne) to no more than 144 miles per
hour (MPH) or 125 knots (KTS) indicated airspeed (IAS), and installing
this placard on the instrument panel within the pilot's clear view.
This AD also requires marking a red line on the airspeed indicator
glass at 144 MPH (125 KTS), marking a white slippage mark on the
outside surface of the airspeed indicator between the glass and case,
and inserting a copy of this AD into the Limitations Section of the
airplane flight manual (AFM). This AD is the result of several
occurrences of in-flight vibration on the affected airplanes. The
actions specified by this AD are intended to prevent in-flight
vibrations caused by the affected airplanes operating at excessive
speeds, which could result in airplane damage and possible loss of
control of the airplane.
DATES: Effective July 7, 1998.
Comments for inclusion in the Rules Docket must be received on or
before August 10, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 98-CE-55-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Information that relates to this AD may be examined at the Federal
Aviation Administration (FAA), Central Region, Office of the Regional
Counsel, Attention: Rules Docket No. 98-CE-55-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106.
FOR FURTHER INFORMATION CONTACT: Mr. Steve Litke, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4127;
facsimile: (316) 946-4407.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has recently received reports of several incidents of in-
flight vibrations on Raytheon Models 35, A35, B35, and 35R airplanes
(commonly referred to as Beech Models 35, A35, B35, and 35R airplanes).
These incidents are unrelated to AD 94-20-04, Amendment 39-9032 (59
FR 49785, September 30, 1994), which currently requires, among other
things, balancing the ruddervators (off the airplane) anytime the
ruddervator is repaired or repainted on Raytheon 35 series airplanes.
Of the 10 incidents since AD 94-20-04 became effective, 7
[[Page 31917]]
of the affected airplanes had ruddervators that were balanced and 3 of
the affected airplanes had ruddervators that were out-of-balance.
Post-flight inspections of the airplanes involved in the above-
referenced incidents have revealed cracked bulkheads and wrinkled skin
in the aft fuselage; and broken spars, broken hinges, and bent skin on
the stabilizers and ruddervators.
The Raytheon Models 35, A35, B35, and 35R airplanes are equipped
with ``V-tails'' that have a narrow chord stabilizer without
reinforcing cuffs. The FAA's preliminary investigation reveals the
possibility of an unstable flutter mode in the 160 to 170 MPH range for
the Raytheon Models 35, A35, B35, and 35R airplanes. This unstable mode
is not likely to occur on other Raytheon airplane models with ``V-
tail'' configurations.
The FAA's Determination
After examining the circumstances and reviewing all available
information related to the incidents described above, the FAA has
determined that AD action should be taken to prevent in-flight
vibrations caused by the affected airplanes operating at excessive
speeds, which could result in airplane damage and possible loss of
control of the airplane.
Explanation of the Provisions of the AD
Since an unsafe condition has been identified that is likely to
exist or develop in other Raytheon Models 35, A35, B35, and 35R
airplanes of the same type design, the FAA is issuing an AD. This AD
requires:
--Fabricating a placard that restricts the never exceed speed (Vne) to
no more than 144 miles MPH or 125 KTS IAS, and installing this placard
on the instrument panel within the pilot's clear view;
--Marking a red line on the airspeed indicator glass at 144 MPH (125
KTS);
--Marking a white slippage mark on the outside surface of the airspeed
indicator between the glass and case; and
--Inserting a copy of this AD into the Limitations Section of the AFM.
Possible Follow-Up AD Action
Raytheon is also reviewing the information related to the
occurrences referenced in this AD and may develop a modification that,
when incorporated, would eliminate the need for the speed restrictions
required by this AD. The FAA will review any modification that is
developed, determine whether it would eliminate the need for the
requirements of this action, and then determine whether additional AD
action is necessary.
Determination of the Effective Date of the AD
Since a situation exists (possible loss of control of the airplane
due to in-flight vibrations) that requires the immediate adoption of
this regulation, it is found that notice and opportunity for public
prior comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting immediate flight safety and, thus, was not
preceded by notice and opportunity to comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified above. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended in light of the comments received. Factual
information that supports the commenter's ideas and suggestions is
extremely helpful in evaluating the effectiveness of the AD action and
determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 98-CE-55-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and is not a significant regulatory action under
Executive Order 12866. It has been determined further that this action
involves an emergency regulation under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979). If it is determined that
this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 adding a new airworthiness directive
(AD) to read as follows:
98-13-02 Raytheon Aircraft Company (Type Certificate No. A24CE
formerly held by the Beech Aircraft Corporation): Amendment 39-
10590; Docket No. 98-CE-55-AD.
Applicability: Models 35, A35, B35, and 35R airplanes, all
serial numbers, 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 (f) 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
[[Page 31918]]
been eliminated, the request should include specific proposed
actions to address it.
Compliance: Required within the next 10 hours time-in-service
(TIS) after the effective date of this AD, unless already
accomplished.
To prevent in-flight vibrations caused by the affected airplanes
operating at excessive speeds, which could result in airplane damage
and possible loss of control of the airplane, accomplish the
following:
(a) Fabricate a placard that restricts the never exceed speed
(Vne) to no more than 144 miles per hour (MPH) or 125 knots (KTS)
indicated airspeed (IAS), and install this placard on the instrument
panel within the pilot's clear view. The placard should utilize
letters of at least 0.10-inch in height and contain the following
words:
``Never exceed speed, Vne, 144 MPH (125 KTS) IAS''
(b) Mark a red line on the airspeed indicator glass at 144 MPH
(125 KTS) and mark a white slippage mark on the outside surface of
the airspeed indicator between the glass and case.
(c) Insert a copy of this AD into the Limitations Section of the
airplane flight manual (AFM).
(d) Fabricating and installing the placard as required by
paragraph (a) of this AD and inserting this AD into the Limitations
Section of the AFM as required by paragraph (c) of this AD may be
performed by the owner/operator holding at least a private pilot
certificate as authorized by section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7), and must be entered into the aircraft
records showing compliance with this AD in accordance with section
43.9 of the Federal Aviation Regulations (14 CFR 43.9).
(e) 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.
(f) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Wichita Aircraft Certification Office
(ACO), 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita,
Kansas 67209. The request shall be forwarded through an appropriate
FAA 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.
(g) Information related to this AD may be examined at the FAA,
Central Region, Office of the Regional Counsel, Room 1558, 601 E.
12th Street, Kansas City, Missouri.
(h) This amendment becomes effective on July 7, 1998.
Issued in Kansas City, Missouri, on June 2, 1998.
Ronald K. Rathgeber,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-15202 Filed 6-10-98; 8:45 am]
BILLING CODE 4910-13-U
