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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. 2000-CE-29-AD]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration, DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to certain Raytheon Aircraft Company (Raytheon) Beech Models 1900, 1900C, and 1900D airplanes. The proposed AD would require you to modify the cockpit voice recorder (CVR) system. The proposed AD is the result of instances where the recording quality of the CVR in the affected airplanes was so poor that the information was practically unrecoverable. The actions specified by the proposed AD are intended to correct substandard quality cockpit voice recordings caused by the configuration of the present CVR system, which could affect air safety if important information that the CVR provides is not available after an accident. This information helps determine the probable cause of an accident and aids in developing necessary corrective action or design changes to prevent future accidents.
 DATES: The Federal Aviation Administration (FAA) must receive any comments on this rule on or before August 11, 2000.
 ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2000-CE-29-AD, 901 Locust, Room 506, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted. Service information that applies to the proposed AD may be obtained from the Raytheon Aircraft Company, PO Box 85, Wichita, Kansas 67201-0085; telephone: (800) 625-7043 or (316) 676-4556. This information also may be examined at the Rules Docket at the address above.
 FOR FURTHER INFORMATION CONTACT: Mr. Harvey E. Nero, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4137; facsimile: (316) 946-4407.


SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites comments on this proposed rule. You may submit whatever written data, views, or arguments you choose. You need to include the rule's docket number and submit your comments in triplicate to the address specified under the caption “
                    **ADDRESSES.**
                    ” The FAA will consider all comments received on or before the closing date. We may amend the proposed rule in light of comments received. Factual information that supports your ideas and suggestions is extremely helpful in evaluating the effectiveness of the proposed AD action and determining whether we need to take additional rulemaking action. The FAA is re-examining the writing style we presently use in regulatory documents, in response to the Presidential memorandum of June 1, 1998. That memorandum requires federal agencies to communicate more clearly with the public. We are interested in your comments on whether the style of this document is clearer, and any other suggestions you might have to improve the clarity of FAA communications that affect you. You can get more information about the Presidential memorandum and the plain language initiative at http://www.plainlanguage.gov. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of the proposed rule that might suggest a need to modify the rule. You may examine all comments we receive before and after the closing date of the rule in the Rules Docket. We will file a report in the Rules Docket that summarizes each FAA contact with the public that concerns the substantive parts of the proposed AD. If you want us to acknowledge the receipt of your comments, you must include a self-addressed, stamped postcard. On the postcard, write “Comments to Docket No. 2000-CE-29-AD.” We will date stamp and mail the postcard back to you. Discussion What Events Have Caused This Proposed AD? The FAA has received reports of six instances where the recording quality of 
                    ( print page 37312)
                    the cockpit voice recorder (CVR) system in Raytheon Beech Models 1900, 1900C, and 1900D airplanes was so poor that the information was practically unrecoverable. What Are the Consequences if the Condition Is not Corrected? Substandard quality cockpit voice recordings could affect air safety if important information that the CVR provides is not available after an accident. This information helps determine the probable cause of an accident and aids in developing necessary corrective action or design changes to prevent future accidents. Relevant Service Information Is There Service Information That Applies to This Subject? Raytheon has issued Recommended Service Bulletin SB 23-3094, Issued: November, 1999. What Are the Provisions of This Service Bulletin? The service bulletin includes procedures for: 1. Replacing the DB Systems 437 and 437-001 audio amplifiers with 437-003 configuration amplifiers; and 2. Incorporating Kit 114-3032-1 and modifying the electrical wiring to assure that the audio amplifiers remain connected to the pilot's and copilot's microphones during transmissions. The FAA's Determination and an Explanation of the Provisions of the Proposed AD What Has FAA Decided? After examining the circumstances and reviewing all available information related to the incidents described above, we have determined that: —The unsafe condition referenced in this document exists or could develop on other Raytheon Beech Models 1900, 1900C, and 1900D airplanes of the same type design; —The actions specified in the previously-referenced service information should be accomplished on the affected airplanes; and —AD action should be taken in order to correct this unsafe condition. What Does This Proposed AD Require? This proposed AD requires you to accomplish the actions in Raytheon Recommended Service Bulletin SB 23-3094, Issued: November, 1999. Compliance Time of the Proposed AD What Is the Compliance Time of the Proposed AD? The compliance time of the proposed AD is “within 12 months after the effective date of this AD.” Why Is the Proposed Compliance in Calendar Time Instead of Hours Time-in-Service (TIS)? The unsafe condition defined in this document is not a result of the number of times the airplane is operated, rather is a result of the present configuration of the CVR system. The chance of this situation occurring is the same for an airplane with 100 hours time-in-service (TIS) as it is for an airplane with 1,000 hours TIS. For this reason, FAA has determined that a compliance based on calendar time should be utilized in the proposed AD in order to assure that the unsafe condition is addressed on all airplanes in a reasonable time period. Cost Impact What Is the Cost Impact of the Proposed AD on Owners/Operators of the Affected Airplanes? The following chart provides estimates of the cost this proposed AD would impose upon the public: Action
Number of airplanes 
                             affected
Labor costs
Parts cost
Cost impactReplacement/Incorporation of Modification Kit
119
8 workhours at $60 per hour=$480 per airplane
$1,728
$262,752, or $2,208 per airplane.Audio Amplifier Modification and Electrical Wiring Changes
377
8 workhours at $60 per hour=$480 per airplane
679
$463,943, or $1,159 per airplane.
 Regulatory Impact The regulations proposed herein 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. Therefore, it is determined that this proposed rule would not have federalism implications under Executive Order 13132. 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) if promulgated, 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 draft regulatory evaluation prepared for this action has been placed 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, 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 of the Federal Aviation Regulations 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. § 39.13
  2. FAA amends Section 39.13 by adding a new airworthiness directive (AD) to read as follows: **Raytheon Aircraft Company**
                                (Type Certificate No. A24CE formerly held by the Beech Aircraft Corporation): Docket No. 2000-CE-29-AD (a) 
                                *What airplanes are affected by this AD?*
                                 The following airplane models and serial numbers that are certificated in any category: Models
Serial numbers1900 and 1900C
All serial number airplanes with the applicable Raytheon Aircraft Company (RAC) Kit No. 114-3020 variation (-1, -3, -7, or -9) incorporated.1900 and 1900C
All serial number airplanes with RAC Kit No. 114-3032-1 incorporated.1900 and 1900C
All serial number airplanes with RAC Kit No. 114-3008-1 incorporated.( print page 37313)1900 and 1900C
All serial number airplanes where RAC installed the cockpit voice recorder (CVR).1900D
UE-1 through UE-376.
 (b) 
                                *Who must comply with this AD?*
                                Anyone who wishes to operate any of the above airplanes on the U.S. Register must comply with this AD. (c) 
                                *What problem does this AD address?*
                                 The actions specified in this document are intended to correct substandard quality cockpit voice recordings caused by the configuration of the present CVR system, which could affect air safety if important information that the CVR provides is not available after an accident. This information helps determine the probable cause of an accident and aids in developing necessary corrective action or design changes to prevent future accidents. (d) 
                                *What actions must I accomplish to address this problem?*
                                 To address this problem, you must accomplish the following: Action
Compliance time
ProceduresAccomplish the CVR system modifications specified in Raytheon Recommended Service Bulletin SB 23-3094, Issued: November 1999.
Within 12 months after the effective date of this AD.
Do the modifications in accordance with procedures in the ACCOMPLISHMENT INSTRUCTIONS section of Raytheon Recommended Service Bulletin SB 23-3094, Issued: November, 1999.
 (e) 
                                *Can I comply with this AD in any other way?*
                                 You may use an alternative method of compliance or adjust the compliance time if: (1) Your alternative method of compliance provides an equivalent level of safety; and (2) 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. Note: 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 (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?*
                                 You can contact Mr. Harvey Nero, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4137; facsimile: (316) 946-4407. (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) 
                                *How do I get copies of the documents referenced in this AD?*
                                 You may obtain copies of the documents referenced in this AD from the Raytheon Aircraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085. You may examine these documents at FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.
 Issued in Kansas City, Missouri, on June 6, 2000. Marvin R. Nuss, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.


[FR Doc. 00-14942 Filed 6-13-00; 8:45 am] BILLING CODE 4910-13-p