AD 94-20-04 R1

This AD becomes effective on December 10, 2002.

The Director of the Federal Register previously approved the incorporation by reference of certain publications listed in the regulations as of November 28, 1994 (59 FR 49785, September 30, 1994).

You may get the service information referenced in this AD from the Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; telephone: (800) 625-7043 or (316) 676-4556. You may view this information at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 93-CE-37-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

Mr. T.N. Baktha, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4155; facsimile: (316) 946-4407.

Has FAA Taken Any Action on the Raytheon Airplane Ruddervator System to This Point?

The following paragraphs describe ADs that FAA issued to address the V-tail structure on Raytheon Beech 35 series airplanes.

AD 94-20-04, Amendment 39-9032 (59 FR 49785, September 30, 1994), currently requires the following on certain Beech Models 35, 35R, A35, B35, C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, and V35B airplanes:

—Checking the ruddervator static balance and rebalancing the ruddervators when the balance is not in accordance with manufacturer's specifications or anytime the ruddervators are repaired or repainted;

—Repetitively inspecting the fuselage bulkheads for damage and replacing any damaged parts;

—Installing stabilizer reinforcements for some airplane models, as applicable;

—Fabricating and installing airspeed limitation placards;

—Incorporating certain airspeed limitations into the airplane flight manual/pilot's operating handbook (AFM/POH);

—inspecting the empennage, aft fuselage, and ruddervator control system for damage and replacing or repairing any damaged parts; and

—Ensuring the accuracy of the airplane basic weight and balance information and immediately correcting any discrepancies.

Accomplishment of these actions is required in accordance with the instructions to either Beech Kit No. 35-4016-3, 35-4016-5, 35-4016-7, or 35-4016-9, as applicable and as specified in Beech Service Bulletin (SB) No. 2188, dated May, 1987, and the applicable maintenance and shop manuals.

AD 98-13-02, Amendment 39-10590 (63 FR 31916, June 11, 1998), currently requires operating limitations in order to address ruddervator problems on Beech Models 35, A35, B35, and 35R airplanes.

What Has Happened Since AD 94-20-04 and AD 98-13-02 To Initiate This Action?

AD 94-20-04 contains minor errors and FAA receives periodic calls from the public for clarification.

In addition, Raytheon has issued Recommended Service Bulletin No. SB 27-3358, Issued: February, 2000, which includes procedures for inspecting the aft fuselage, ruddervator, and related systems for acceptable condition and rebalancing the ruddervators to new specifications (upper limit reduced from 19.8 to 18 inch-pounds (tail heavy)). Accomplishing these inspections will eliminate the need for the operating limitations of AD 98-13-02.

Has FAA Taken Any Action to This Point?

We issued 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 Beech Models C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, and V35B airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on March 26, 2001 (66 FR 16422). The NPRM proposed to revise AD 94-20-04, Amendment 39-9032, to condense and clarify the information presented in that AD, and to remove Beech Models 35, 35R, A35, and B35 airplanes from the Applicability of AD 94-20-04. The NPRM also proposed to incorporate the actions applicable to Beech Models 35, 35R, A35, and B35 airplanes into another AD action.

The operating limitations from AD 94-20-04 for the Beech Models C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, and V35B airplanes are not included in this AD because the other actions retained from AD 94-20-04 make them unnecessary.

The repetitive inspections currently required by AD 94-20-04 for Beech Models 35, 35R, A35, and B35 airplanes will be incorporated into another AD action.

Was the Public Invited To Comment?

The FAA encouraged interested persons to participate in the making of this amendment. The following presents the comments received on the proposal and FAA's response to each comment:

What Is the Commenter's Concern?

One commenter points out that the phrase “airplane basic weight” is referred to as “airplane basis weight” in the Federal Register.

What Is FAA's Response to the Concern?

The FAA concurs. The original documents that FAA submitted to the Office of the Federal Register were correct. The Government Printing Office (GPO) made a typographical error. We will ensure that this is corrected in the final rule.

What Is the Commenter's Concern?

One commenter states that it is unclear when to set the elevator controls, rudder and tab system controls, cable tensions, and rigging. The commenter specifically asks whether this is necessary at every required 100-hour TIS inspection or only when repair or replacement is necessary.

What Is FAA's Response to the Concern?

The FAA concurs that the way it is currently written could be confusing. You should accomplish these actions at every 100-hour TIS inspection. We will rewrite this section of the AD to clarify this.

What Is the Commenter's Concern?

The commenter asks whether the actions of Raytheon Service Bulletin 27-3358 should be incorporated on Models 35, 35R, A35, and B35 airplanes.

What Is FAA's Response to the Concern?

The actions of Raytheon Service Bulletin 27-3358 should be incorporated on Models 35, 35R, A35, and B35 airplanes. This is required in another AD action. The following is taken from Note 1 of the NPRM:

Beech Models 35, 35R, A35, B35 airplanes were included in the Applicability of AD 94-20-04. We have removed Beech Models 35, 35R, A35, and B35 airplanes from the Applicability section of this AD and incorporated the actions applicable to these airplanes into another AD action.

We will add a statement about Raytheon Service Bulletin 27-3358 to this note in the final rule AD action.

What Is FAA's Final Determination on This Issue?

After careful review of all available information related to the subject presented above, we have determined that air safety and the public interest require the adoption of the rule as proposed except for the changes discussed above and minor editorial corrections. We determined that these changes and minor corrections:

—Will not change the meaning of the AD; and

—Will not add any additional burden upon the public than was already proposed.

How Many Airplanes Does This AD Impact?

We estimate that this AD affects 10,200 airplanes in the U.S. registry.

What is the Cost Impact of This AD on Owners/Operators of the Affected Airplanes?

We estimate the following costs to accomplish the initial inspections. These cost figures are exactly the same as what is currently required by AD 94-20-04. This AD presents no new costs upon the public:

The above figures are based only on the initial inspections and do not take into account the cost of repetitive inspections or adjustments, repairs, or replacements that will be necessary based on the results of the inspections. We have no way of determining the number of repetitive inspections each owner/operator of the affected airplanes will incur or what adjustments, repairs, or replacements will be necessary based on the results of the inspections.

Does This AD Impact Various Entities?

The regulations adopted herein will 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 final rule does not have federalism implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

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.

Accordingly, under 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:

1. The authority citation for part 39 continues to read as follows:

2. FAA amends § 39.13 by removing Airworthiness Directive (AD) 94-20-04, Amendment 39-9032 (59 FR 49785, September 30, 1994), and by adding a new AD to read as follows: