[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12533-12534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6540]



[[Page 12533]]

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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-44-AD; Amendment 39-9968; AD 97-06-11]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company (Formerly 
Beech Aircraft Corporation) 35 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Raytheon Aircraft Company (Raytheon) 35 series 
airplanes (formerly referred to as Beech 35 series airplanes). This 
action requires inspecting the ruddervator differential tail control 
rod assembly for corrosion or cracks, repairing or replacing any 
cracked or corroded part, and applying anti-corrosion sealant to the 
ruddervator control pushrods. This action results from a report of a 
split in the ruddervator control push rod on an affected airplane that 
was found during a routine inspection. The split occurred when water 
froze in the internal area of the control push rod and then expanded. 
The actions specified by this AD are intended to prevent failure of the 
differential tail control rod assembly, which could result in loss of 
control of the airplane.

DATES: Effective May 16, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 16, 1997.

ADDRESSES: Service information that applies to this AD may be obtained 
from the Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-
0085. This information may also be examined at the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 96-CE-44-AD, Room 1558, 601 E. 
12th Street, 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. Larry Engler, Aerospace Safety 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 
946-4122; facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of the This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to certain Raytheon 35 
series airplanes (formerly referred to as Beech 35 series airplanes) 
was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on October 18, 1996 (61 FR 54372). The NPRM proposed 
to require inspecting the ruddervator differential tail control rod 
assembly for corrosion or cracks, repairing or replacing any cracked or 
corroded part, and applying anti-corrosion sealant to the ruddervator 
control pushrods. Accomplishment of the proposed actions as specified 
in the NPRM would be in accordance with Raytheon Mandatory Service 
Bulletin (MSB) No. 2668, Issued: September, 1996.
    The NPRM was the result of a report of a split in the ruddervator 
control push rod on an affected airplane that was found during a 
routine inspection. The split occurred when water froze in the internal 
area of the control push rod and then expanded.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed AD or the FAA's determination of the cost to the public.
    Raytheon has revised MSB No. 2668 to clarify certain steps 
contained in the ACCOMPLISHMENT INSTRUCTIONS section. The FAA has 
determined that the AD could be accomplished in accordance with either 
Raytheon MSB No. 2668, Revised December, 1996; or Raytheon MSB No. 
2668, Issued: September, 1996, and has incorporated this service 
bulletin revision into the final rule.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the AD as proposed except for 
the incorporation of the revised service information and minor 
editorial corrections. The FAA has determined that this incorporation 
and the minor corrections will not change the meaning of the AD and 
will not add any additional burden upon the public than was already 
proposed.

Cost Impact

    The FAA estimates that 10,405 airplanes in the U.S. registry will 
be affected by this AD, that it will take approximately 4 workhours per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $60 an hour. Based on these figures, the total 
cost impact of the AD on U.S. operators is estimated to be $2,497,200. 
This figure is based on the presumption that no affected airplane will 
have a corroded or cracked part in the ruddervator differential tail 
control rod assembly that will need to be repaired or replaced. The FAA 
has no way of determining how many ruddervator control push rods that 
will be corroded or cracked.

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 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

    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 USC 106(g), 40113, 44701.

[[Page 12534]]

Sec. 39.13   [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

97-06-11  Raytheon Aircraft Company (formerly Beech Aircraft 
Corporation): Amendment 39-9968; Docket No. 96-CE-44-AD.

    Applicability: Models 35, 35R, A35, B35, C35, D35, E35, F35, 
G35, H35, J35, K35, M35, N35, P35, S35, V35, V35TC, V35A, V35A-TC, 
V35B, and V35B-TC airplanes, serial numbers D-1 through D-10403, D-
15001, and D-15002, 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 (d) 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 within the next 100 hours time-in-service 
after the effective date of this AD, unless already accomplished.
    To prevent failure of the ruddervator differential tail control 
rod assembly, which could result in loss of control of the airplane, 
accomplish the following:
    (a) Inspect the ruddervator differential tail control rod 
assembly for cracks and corrosion in accordance with the 
ACCOMPLISHMENT INSTRUCTIONS section of Raytheon Mandatory Service 
Bulletin (MSB) No. 2668, Revised: December, 1996; or Raytheon MSB 
No. 2668, Issued: September, 1996. Prior to further flight, repair 
or replace any corroded or cracked part as specified in and in 
accordance with the service information referenced above.
    (b) Apply anti-corrosion sealant to the ruddervator control 
pushrods in accordance with the ACCOMPLISHMENT INSTRUCTIONS section 
of Raytheon MSB No. 2668, Revised: December, 1996; or Raytheon MSB 
No. 2668, Issued: September, 1996.
    (c) 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.
    (d) 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.

    (e) The inspection, repair or replacement (if necessary), and 
application required by this AD shall be done in accordance with 
either Raytheon Mandatory Service Bulletin No. 2668, Issued: 
September, 1996; or Raytheon Mandatory Service Bulletin No. 2668, 
Revised: December, 1996. 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 obtained from the 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085. 
Copies may be inspected at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment (39-9968) becomes effective on May 16, 1997.

    Issued in Kansas City, Missouri, on March 7, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-6540 Filed 3-14-97; 8:45 am]
BILLING CODE 4910-13-U