Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations 9621

McDonnell Douglas Model MD–88 airplanes;

McDonnell Douglas Model MD–11 and MD–

90–30 series airplanes;

Lockheed Model L–1011–385–1, –385–1–14,

–385–1–15, and –385–3 series airplanes;

and

Fokker Model F28 Mark 1000, 2000, 3000,

4000, and 0100 series airplanes;

Compliance: Required as indicated, unless

accomplished previously.

To ensure that the flight crew is aware of

significant delays in the Windshear Detection

and Recovery Guidance System (WSS)

detecting windshear when the flaps of the

airplane are in transition, accomplish the

following:

(a) Within 14 days after the effective date

of this AD, revise the Limitations Section of

the FAA-approved Airplane Flight Manual

(AFM) to include the following statement.

This may be accomplished by inserting a

copy of this AD in the AFM.

‘‘During sustained banks of greater than 15

degrees or during flap configuration changes,

the Honeywell Windshear Detection and

Recovery Guidance System (WSS) is

desensitized and alerts resulting from

encountering windshear conditions will be

delayed.’’

(b) 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, Los Angles

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Operations

Inspector, who may add comments and then

send it to the Manager, Los Angeles ACO.

Note: Information concerning the existence

of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(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) This amendment becomes effective on

March 8, 1995.

Issued in Renton, Washington, on February

14, 1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–4123 Filed 2–17–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–CE–12–AD; Amendment 39–

9155; AD 95–04–03]

Airworthiness Directives; Beech

Aircraft Corporation 33, 35, and 36

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 92–08–07,

which currently requires inspecting

(one-time) the wing front spar carrythrough frame structure for cracks on

certain Beech 33, 35, and 36 series

airplanes, and repairing or reinforcing

any cracked wing front spar carrythrough frame structure. This action

would make this one-time inspection

repetitive. This action was prompted by

numerous (43) reports received by the

Federal Aviation Administration (FAA)

of cracks found on the wing front spar

carry-through frame structure of the

affected airplanes. These cracks were

found during the inspection required by

AD 92–08–07. The actions specified by

the proposed AD are intended to

prevent spar carry-through frame

structure failure caused by cracking,

which, if not detected and corrected,

could result in severe structural damage

to the wing.

DATES: Effective April 7, 1995.

The incorporation by reference of

certain publications listed in the

regulations was previously approved by

the Director of the Federal Register as of

March 18, 1992.

ADDRESSES: Service information that

applies to this AD may be obtained from

the Beech Aircraft Corporation, P.O. Box

85, Wichita, Kansas 67201–0085. This

information may also be examined at

the FAA, Central Region, Office of the

Assistant Chief Counsel, 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 Engineer,

Wichita Aircraft Certification Office,

FAA, 1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone (316) 946–4122; facsimile

(316) 946–4407.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an AD that would apply to

certain Beech 33, 35, and 36 series

airplanes was published in the Federal

Register on November 2, 1994 (59 FR

54847). The action proposed to

supersede AD 92–08–07 with a new AD

that would require repetitively

inspecting the wing front spar carrythrough frame structure for cracks, and

repairing or reinforcing any cracked

wing carry-through frame structure. The

proposed action would be accomplished

in accordance with Beech Service

Bulletin No. 2360, dated November

1990. The only difference between the

proposal and AD 92–08–07 is that the

initial inspection required by the

existing AD would become repetitive.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received from four different

commenters.

One commenter points out that the

actual AD portion of the proposal

specifies no directions for what to do if

there are no cracks found, whereas the

preamble specifies repetitive

inspections, and the AD portion

specifies these repetitive inspections

after cracks are repaired. The

commenter feels that this may have

been an oversight on the FAA’s part.

The FAA concurs. The intent of the

proposal was to make the inspection

repetitive regardless of whether cracks

are found. A paragraph has been added

to the AD to ensure that the inspection

is repetitive if no cracks are found.

This commenter also states that those

owners/operators that have already

inspected the airplane as required by

AD 92–08–07 (superseded by this

action) should not have to inspect again

until the next annual inspection. The

FAA concurs that a grace period should

be given for those airplane owners/

operators that have already inspected as

required by AD 92–08–07. In addition,

AD 92–08–07 superseded AD 91–14–13,

which required repetitive inspections.

The Compliance section of the AD has

been revised to give credit to those

airplane operators that have already

inspected the wing front spar carrythrough frame structure as required by

one of the above-referenced AD’s.

Two commenters state that AD action

requiring a repetitive inspection of the

wing front spar carry-through frame

structure is unjustified because there are

only reports of cracks in this structure

on 43 out of over 10,000 affected

airplanes. The FAA does not concur that

AD action is unjustified. AD’s are not

issued based on the percentage of the

airplanes that have reported problems,

but are issued when an unsafe condition

exists in a product, and when that

condition is likely to exist or develop in

other products of the same type design.

The FAA reviewed all information

relating to the wing front spar carrythrough frame structure crack reports on

the affected airplanes and determined

that AD action was justified and the

proposed actions, when accomplished

correctly, would eliminate the unsafe

condition and prevent it from reoccurring. The AD is unchanged as a

result of these comments.

Three of the four commenters state

that inspecting the wing front spar

carry-through frame structure is part of

the affected airplanes’ annual inspection

program, and thus no AD action is
9622 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations

justified. The FAA concurs that a visual

inspection of this structure is part of the

annual inspection program. However,

the airplanes referenced in the 43

cracked wing front spar carry-through

frame structure reports utilize this

annual inspection program. The FAA

examined the information regarding

these crack reports in determining that

a dye penetrant inspection should be

accomplished through AD action, as

well as the visual inspection already

required during the annual inspection.

The proposal is unchanged as a result of

these comments.

One commenter feels that the FAA

has underestimated the financial impact

the proposal would have upon U.S.

operators of the affected airplanes. The

commenter states that each inspection

would cost each operator around $300–

$400 per inspection. The FAA does not

concur that it underestimated the cost

impact. The FAA estimates that it will

take approximately 8 workhours per

airplane to accomplish the inspection,

and that the average labor rate is $60 an

hour. Based upon these figures, the

inspection will cost $480 per airplane.

Also, the FAA acknowledges the

repetitive inspection cost, but has no

way of determining the number of

repetitive inspections an owner/

operator may incur. The AD is

unchanged as a result of this comment.

After careful review, including the

comments noted above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for the

addition of the paragraph specifying

when to accomplish the repetitive

inspection if no cracks were found, the

revision to the Compliance section of

the AD, and minor editorial corrections.

The FAA has determined that the

addition, revision, and minor

corrections will not change the meaning

of the AD or add any additional burden

upon the public than was already

proposed.

The FAA estimates that 11,000

airplanes in the U.S. registry will be

affected by this AD, that it will take

approximately 8 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

$5,280,000. This figure does not take

into account the cost of repetitive

inspections. The only difference

between the cost analysis for this action

and AD 92–08–07 (which would be

superseded by this required action) is

the cost of these repetitive inspections.

The FAA has no way of determining the

number of repetitive inspections an

owner/operator may incur.

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 U.S.C. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing AD 92–08–07, Amendment

39–8218 (57 FR 13004, April 15, 1992),

and by adding a new airworthiness

directive to read as follows:

95–04–03 Beech Aircraft Corporation:

Amendment 39–9155; Docket No. 94–

CE–12–AD. Supersedes AD 92–08–07,

Amendment 39–8218.

Applicability: The following model and

serial number airplanes, certificated in any

category:

Models Serial numbers

35–33, 35–A33, 35–B33,

35–C33, E33, F33, and

G33.

CD–1 through

CD–1304.

35–C33A, E33A, and F33A CE–1 through

CE–1192.

E33C and F33C ................ CJ–1 through

CJ–179.

H35, J35, K35, M35 N35,

P35, S35, V35, V35A,

and V35B.

D–4866 through

D–10403.

36 and A36 ........................ E–1 through E–

2397.

A36TC and B36TC ............ EA–1 through

EA–471.

Compliance: Required initially with

whichever of the following is applicable, and

thereafter as indicated:

• Upon the accumulation of 1,500 hours

time-in-service (TIS) or within the next 100

hours TIS after the effective date of this AD,

whichever occurs later, unless already

accomplished;

• Within 500 hours TIS after the

inspection required by superseded AD 92–

08–07, Amendment 39–8218, or within the

next 100 hours TIS after the effective date of

this AD, whichever occurs later; or

• Within 500 hours TIS after the last

inspection required by AD 91–14–13,

Amendment 39–7054 (superseded by AD 92–

08–07), or within the next 100 hours TIS,

whichevoccurs later.

To prevent spar carry-through frame

structure failure, which, if not detected and

corrected, could result in severe structural

damage to the wing, accomplish the

following:

(a) Inspect the wing front spar carrythrough frame (web) structure for cracks in

accordance with the instructions in Beech

Service Bulletin (SB) No. 2360, dated

November 1990. Repair or reinforce any

cracked wing front spar carry-through frame

structure and reinspect as specified in the

paragraphs that follow.

(b) If no cracks are found, reinspect as

specified in paragraph (a) of this AD at

intervals not to exceed 500 hours TIS as long

as no cracks are found. When cracks are

found, repair or reinforce the wing front spar

carry-through frame structure and reinspect

as specified in this AD.

(c) If cracks are found in the bend radius

and not in the web face in the areas of the

huckbolt fasteners during the inspection

specified in paragraph (a) of this AD,

accomplish the following at the time

specified in accordance with the instructions

in Beech SB No. 2360:

(1) For cracks up to 2.25 inches,

accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure bend radius is found, prior to

further flight, stop drill each crack at the

crack ends. Within the next 200 hours TIS

and thereafter at intervals not to exceed 200

hours TIS, reinspect each crack for

progression and repair accordingly. Upon the

installation of the applicable P/N 36–4004

Kit, extend the repetitive inspection time to

500 hours TIS, and repair or reinforce any
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations 9623

cracked wing front spar carry-through frame

structure as specified in this AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure bend radius, prior to

further flight, install the applicable Beech P/

N 36–4004 Kit, reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(2) For cracks between 2.25 and 4.0 inches,

accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure bend radius is found, prior to

further flight, stop drill each crack at the

crack ends, and within the next 100 hours

TIS, install the applicable Beech P/N 36–

4004 Kit. Reinspect thereafter at intervals not

to exceed 500 hours TIS, and repair or

reinforce any cracked wing front spar carrythrough frame structure as specified in this

AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure bend radius, prior to

further flight, install the applicable P/N 36–

4004 Kit, and reinspect thereafter at intervals

not to exceed 500 hours TIS, and repair or

reinforce any cracked wing front spar carrythrough frame structure as specified in this

AD.

(3) For cracks exceeding 4.0 inches, prior

to further flight, install the applicable Beech

P/N 36–4004 Kit, reinspect at intervals not to

exceed 500 hours TIS, and repair or reinforce

any cracked wing front spar carry-through

frame structure as specified in this AD.

(d) If cracks are found in the web face in

the area of the huckbolt fasteners but not in

the bend radius during the inspections

specified in paragraph (a) of this AD,

accomplish the following at the time

specified in accordance with the instructions

in Beech SB No. 2360, but do not stop drill

the cracks because it is possible to damage

the structure behind the web face:

(1) For cracks less than 1.0 inch in length,

accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure web face is found, within the next

200 hours TIS and thereafter at intervals not

to exceed 200 hours TIS, reinspect each crack

for progression and repair accordingly. Upon

the installation of the applicable P/N 36–

4004 Kit, extend the repetitive inspection

time to 500 hours TIS, and repair or reinforce

any cracked wing front spar carry-through

frame structure as specified in this AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure web face, prior to

further flight, install the applicable Beech P/

N 36–4004 Kit, reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(2) For cracks more than 1.0 inch in length,

accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure web area is found, within the next

25 hours TIS, install the applicable Beech P/

N 36–4004 Kit. Reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure bend radius, prior to

further flight, install the applicable Beech P/

N 36–4004 Kit, reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(3) If a crack passes through two fasteners

but is less than 0.5 inches beyond either

fastener, accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure web area is found, within the next

25 hours TIS, install the applicable Beech P/

N 36–4004 Kit, reinspect at intervals not to

exceed 500 hours TIS, and repair or reinforce

any cracked wing front spar carry-through

frame structure as specified in this AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure bend radius, prior to

further flight, install the applicable Beech P/

N 36–4004 Kit, reinspect at intervals not to

exceed 500 hours TIS, and repair or reinforce

any cracked wing front spar carry-through

frame structure as specified in this AD.

(4) If a crack passes through two fasteners

but is more than 0.5 inches beyond either

fastener, prior to further flight, install the

applicable Beech P/N 36–4004 Kit. Reinspect

thereafter at intervals not to exceed 500 hours

TIS, and repair or reinforce any cracked wing

front spar carry-through frame structure as

specified in this AD.

(e) If cracks are found in both the web face

in the area of the huckbolt fasteners and the

bend radius during the inspections required

in paragraph (a) of this AD, accomplish the

following in accordance with the instructions

in Beech SB No. 2360:

(1) If only one crack is found on either side

of the airplane, prior to further flight, repair

each crack in accordance with the criteria

and instructions in paragraphs (c)(1) through

(c)(3) or (d)(1) through (d)(4) of this AD, as

applicable. Reinspect thereafter at intervals

not to exceed 500 hours TIS, and repair or

reinforce any cracked wing front spar carrythrough frame structure as specified in this

AD.

(2) If more than one crack is found on

either side of the airplane, accomplish one of

the following as applicable:

(i) For any crack that is 1.0 inch or more

in length, prior to further flight, install the

applicable Beech P/N 36–4004 Kit. Reinspect

thereafter at intervals not to exceed 500 hours

TIS, and repair or reinforce any cracked wing

front spar carry-through frame structure as

specified in this AD.

(ii) For any crack under 1.0 inch in length,

within the next 200 hours TIS and thereafter

at intervals not to exceed 200 hours TIS,

reinspect each crack for progression and

repair accordingly. Upon the installation of

the applicable P/N 36–4004 Kit, extend the

repetitive inspection time to 500 hours TIS,

and repair or reinforce any cracked wing

front spar carry-through frame structure as

specified in this AD.

(f) If a fuselage skin crack is found around

the opening of the lower forward carrythrough fitting, prior to further flight, obtain

repair instructions from the manufacturer

through the Wichita Aircraft Certification

Office (ACO) at the address specified in

paragraph (h) of this AD, and incorporate

these instructions. Reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(g) 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.

(h) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Wichita 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: Information concerning the existence

of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

(i) The inspections required by this AD

shall be done in accordance with No. 2360,

dated November 1990. This incorporation by

reference was previously 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 Beech

Aircraft Corporation, 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.

(j) This amendment (39–9155) supersedes

AD 92–08–07, Amendment 39–8218.

(k) This amendment (39–9155) becomes

effective on April 7, 1995.

Issued in Kansas City, Missouri, on

February 14, 1995.

Barry D. Clements,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 95–4133 Filed 2–17–95; 8:45 am]

BILLING CODE 4910–13–U