Airworthiness Directives; Beech Aircraft Corporation 35 Series Airplanes

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93-CE-37-AD; Amendment 39-9032; AD 94-20-04]

Airworthiness Directives; Beech Aircraft Corporation 35 Series

Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 57-18-

01 and AD 87-20-02 R1, which currently require several ruddervator

checks and modifications on certain Beech Aircraft Corporation (Beech)

35 series airplanes. This action maintains the requirements of each of

the superseded AD's and requires rebalancing the ruddervators (off the

airplane) anytime the ruddervator is repaired or repainted (even if

stripes are added). The required action imposes no new speed

restrictions. Several incidents where empennage flutter occurred on the

affected airplanes prompted this action. The actions specified by this

AD are intended to prevent structural failure of the V-tail, which

could result in loss of control of the airplane.

DATES: Effective November 28, 1994.

The incorporation by reference of certain publications listed in

the regulations is approved by the Director of the Federal Register as

of November 28, 1994.

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 Federal

Aviation Administration (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: Several incidents involving certain Beech 35

series airplanes where empennage flutter occurred prompted the FAA to

re-evaluate current airworthiness directives that relate to the same

subject, and apply to the same airplane models. These AD's are:

AD 57-18-01, Amendment 39-1759, which currently requires

repetitively inspecting the fuselage bulkhead for cracks, buckles, or

distortion on certain Beech 35 series airplanes, and also requires

checking the ruddervator to ensure that the static balance is within

acceptable limits. The inspections and checks are accomplished

utilizing information in Beech Service Bulletin (SB) No. 35-26, dated

May 20, 1953. The Bonanza Maintenance Manual 35-590073 also specifies

information for the ruddervator checks; and

AD 87-20-02 R1, Amendment 39-5944, which currently

requires the following on certain Beech 35 series airplanes: (1)

installing external stabilizer reinforcements; (2) inspecting the rear

fuselage and bulkheads in the area of the empennage for cracks or

distortion for those models equipped with an increased stabilizer chord

length/overhang, and repairing or replacing any cracked or distorted

parts; and (3) checking the ruddervator static balance to ensure that

the static balance is within acceptable limits, and correcting if

necessary.

After examining all available information related to the incidents

above, the FAA published a proposal in the Federal Register on October

27, 1993 (58 FR 57760) to amend part 39 of the Federal Aviation

Regulations (14 CFR part 39) to include an AD that would apply to

certain Beech 35 series airplanes . The document proposed to supersede

AD 57-18-01 and AD 87-20-02 R1 with a new AD that would maintain the

requirements of each of the current AD's, and would require rebalancing

the ruddervators (off the airplane) anytime the ruddervator is repaired

or repainted (even if stripes are added). The document does not propose

any new speed restrictions.

Interested persons were afforded an opportunity to participate in

the making of this amendment. Several comments were received on the

proposed rule. These comments reference inadvertent mistakes made by

the FAA in drafting the proposed rule and request additional time to

comment on the proposed rule.

In order to allow the public additional time to comment on the

proposed rule, the FAA reissued this document as a supplemental NPRM

that corrected the inadvertent mistakes, and published it in the

Federal Register on April 6, 1994 (59 FR 16151).

Due consideration has been given to the two comments received on

the supplemental NPRM.

The Beech Aircraft Corporation states that reference to Beech Kit

No. 35-4016-9 is referenced incorrectly as Beech Kit No. 39-4016-9 in

paragraph (g)(3) of the proposed AD. The FAA concurs and has changed

the AD accordingly.

The other commenter recommends deleting Figure 2 (Method No. 2)

because of the expense and effort required to accomplish the tasks

presented. The FAA concurs that Method No. 2 is expensive to accomplish

and that the complete weighing procedure is accomplished more

accurately using the other two methods. Method No. 2 of the AD has been

deleted, thus changing the proposed Method No. 3 to Method No. 2.

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 in the supplemental NPRM except for

changes referenced above and minor editorial corrections. The FAA has

determined that these minor changes and corrections will not change the

meaning of the AD nor add any additional burden upon the public than

was already proposed.

The FAA estimates that 10,200 airplanes in the U.S. registry will

be affected by this AD, that it will take approximately 40 workhours

per airplane to accomplish the required action, and that the average

labor rate is approximately $55 an hour. Parts cost approximately $500

per airplane. Based on these figures, the total cost impact of the AD

on U.S. operators is estimated to be $27,540,000. This figure is based

on the assumption that no affected owner/operator has accomplished the

required action, and does not reflect repetitive inspections. The FAA

has no way of determining how many repetitive inspections a particular

owner/operator may incur.

In addition, AD 57-18-01 and AD 87-20-02 R1, which both are

superseded by this action, require the same actions as specified by

this AD. With the idea that all affected owners/operators are in

compliance with the superseded AD's referenced above, this AD does not

impose any initial cost impact over what is already required by AD 57-

18-01 and AD 87-20-02 R1.

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.

Sec. 39.13 [Amended]

2. Section 39.13 is amended by removing both AD 57-18-01, Amendment

39-1759, and AD 87-20-02 R1, Amendment 39-5944, and by adding a new

airworthiness directive to read as follows:

94-20-04 Beech Aircraft Corporation: Amendment 39-9032; Docket No.

93-CE-37-AD. Supersedes AD 57-18-01, Amendment 39-1759, and AD 87-

20-02 R1, Amendment 39-5944.

Applicability

1. Models 35, 35R, A35, B35, C35, D35, E35, F35, G35, H35, J35,

K35, M35, N35, and P35 airplanes (all serial numbers), certificated

in any category;

2. Models S35, V35, V35A, and V35B airplanes (all serial

numbers), certificated in any category, that do not have the

straight tail conversion modification incorporated in accordance

with Supplemental Type Certificate (STC) SA2149CE; and

3. Model Super V airplanes (all serial numbers), certificated in

any category.

Compliance: Required initially within the next 100 hours time-

in-service (TIS) after the effective date of this AD, unless already

accomplished, and thereafter as indicated in the body of this AD.

To prevent structural failure of the V-tail, which could result

in loss of control of the airplane, accomplish the following:

Note 1: Any of the actions specified by this AD may have already

been accomplished in accordance with either AD 57-18-01 and AD 87-

20-02 R1, which are superseded by this AD. The intent of this AD is

to clarify, update, and incorporate the actions of those AD's into

one AD while maintaining the repetitive inspections schedules

already established by the superseded AD's.

Note 2: The paragraph structure of this AD is as follows:

Level 1: (a), (b), (c), etc.

Level 2: (1), (2), (3), etc.

Level 3: (i), (ii), (iii), etc.

Level 4: (A), (B), (C), etc.

Level 2, Level 3, and Level 4 structures are designations of the

Level 1 paragraph they immediately follow.

(a) For all airplane models, balance the elevator/rudder

(ruddervator) control surfaces in accordance with Section 3 of Beech

Shop Manual 35-590096B; and verify that the ruddervators are within

the manufacturers specified limits as specified in the applicable

shop or maintenance manual.

(1) If any ruddervator is found outside of the specified limits,

prior to further flight, obtain manufacturer's modification

instructions by contacting the Wichita Aircraft Certification Office

(ACO) at the address specified in paragraph (k) of this AD, and

modify the ruddervator in accordance with these instructions.

(2) Repeat these requirements any time the ruddervator is

repaired or painted (even if stripes are added).

(b) For all airplane models, visually inspect the fuselage

bulkheads at Fuselage Station (FS) 256.9 and FS 272 for damage

(cracks, distortion, loose rivets, etc.) in accordance with the

procedures in the instructions to Beech Kit 35-4017-1 ``Kit

Information Empennage & Aft Fuselage Inspection'', as specified in

Beech SB 2188, dated May 1987. Visually inspect the fuselage skin

around the bulkhead for damage (wrinkles or cracks). Prior to

further flight, repair or replace any damaged parts. Repeat this

inspection at each 100-hour TIS interval thereafter.

(c) For all Model Super V airplanes, check the static balance of

the ruddervator in accordance with Beech Shop Manual 35-590096A,

Section 3, pages 12A, 12B, and 13. Repeat this check anytime the

ruddervator is removed or repainted. Prior to further flight, make

applicable corrections if any of the following is not achieved:

(1) With the root weight removed and a tip weight attached,

static balance of 19.80 (plus or minus 1.00) inch-pounds tail heavy;

and

(2) With the root weight added to the condition specified in

paragraph (c)(1) of this AD, static balance of 7.00 (plus or minus

1.00) inch-pounds tail heavy.

(d) The following placard, airspeed indicator markings, and POH/

AFM requirements are retained from AD 87-20-02 R1, and are no longer

mandatory when paragraphs (e) and (f) of this AD, as applicable, are

accomplished:

(1) For Models 35, 35R, A35, B35, C35, D35, E35, F35, and G35

airplanes:

(i) Fabricate a placard (utilizing letters of at least .10-inch

minimum height) with the words ``Never exceed speed, Vne, 144 MPH

(125 knots) IAS; Maximum structural cruising speed, Vno, 135 MPH

(117 knots) IAS; Maneuvering speed, VA, 127 MPH (110 knots) IAS.''

Install this placard on the airplane instrument panel next to the

airspeed indicator within the pilot's clear view.

(ii) Mark the outside surface of the airspeed indicator with

lines of approximately 1/16-inch by 3/16-inch as follows:

(A) Red line at 144 MPH (125 knots);

(B) Yellow line at 135 MPH (117 knots); and

(C) A white slippage mark between the airspeed indicator glass

and case to visually verify glass has not rotated.

(iii) Place a copy of this AD in the Pilot's Operating Handbook

(POH) and FAA-approved Airplane Flight Manual (AFM).

(2) For Models H35, J35, K35, M35, N35, P35, S35, V35, V35A, and

V35B:

(i) Fabricate a placard (utilizing letters of at least .10-inch

minimum height) with the words ``Never exceed speed, Vne, 197 MPH

(171 knots) IAS; Maximum structural cruising speed, Vno, 177 MPH

(154 knots) IAS; Maneuvering speed, VA, 132 MPH (115 knots) IAS.''

Install this placard on the airplane instrument panel next to the

airspeed indicator within the pilot's clear view.

(ii) Mark the outside surface of the airspeed indicator with

lines of approximately 1/16-inch by 3/16-inch as follows:

(A) Red line at 197 MPH (171 knots);

(B) Yellow line at 177 MPH (154 knots); and

(C) A white slippage mark between the airspeed indicator glass

and case to visually verify glass has not rotated.

(iii) Place a copy of this AD in the Pilot's Operating Handbook

(POH) and FAA-approved Airplane Flight Manual (AFM).

(3) For all applicable model airplanes, fabricate a placard

(utilizing letters of at least .10-inch minimum height) with the

words ``Normal Category Operation Only'' and install this placard on

the instrument panel within the pilot's clear view over the existing

``Utility Category'' placard.

(e) For Models C35, D35, E35, F35, G35, H35, J35, K35, M35, N35,

S35, V35, V35A, and V35B airplanes, accomplish the following:

(1) Visually inspect the empennage, aft fuselage, and

ruddervator control system for damage in accordance with the

instructions to Beech Kit 35-4017-1 ``Kit Information Empennage &

Aft Fuselage Inspection'', as specified in Beech SB No. 2188, dated

May 1987. Prior to further flight, accomplish the following in

accordance with these instructions:

(i) Replace or repair any damaged parts; and

(ii) Set the elevator controls, rudder and tab system controls,

cable tensions, and rigging.

(2) Remove all external stabilizer reinforcements installed

during incorporation of either Supplemental Type Certificate (STC)

SA845GL, STC SA846GL, STC SA1650CE, STC SA2286NM, or STC SA2287NM.

Seal or fill any residual holes with appropriate size rivets.

(i) The internal stub spar incorporated through SA1649CE and

SA1650CE may be retained.

(ii) The external angles incorporated through STC SA1649CE may

also be retained by properly trimming the leading edge section to

permit installing the stabilizer reinforcement referenced in

paragraph (g)(3) of this AD.

(3) Install stabilizer reinforcements 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 specified in Beech SB No. 2188,

dated May 1987. Set the elevator nose down trim 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 specified in Beech SB No.

2188, and replace ruddervator tab control cables with larger

diameter cables in accordance with the service information.

(f) Ensure correct accuracy of the airplane basic empty weight

and balance information by accomplishing either (1) or (2) below.

Prior to further flight, correct any discrepancies in accordance

with the applicable maintenance manual.

(1) Weight and Balance Information Accuracy Method No. 1:

(i) Review existing weight and balance documentation to assure

completeness and accuracy of the documentation from the most recent

FAA-approved weighing or from factory delivery to date of compliance

with this AD.

(ii) Compare the actual configuration of the airplane to the

configuration described in the weight and balance documentation; and

(iii) If equipment additions or deletions are not reflected in

the documentation or if modifications affecting the location of the

center of gravity (e.g., paint or structural repairs) are not

documented, determine the accuracy of the airplane weight and

balance data in accordance with Method No. 2; or

(2) Weight and Balance Information Accuracy Method No. 2:

Determine the basic empty weight and center of gravity (CG) of the

empty airplane using the Weighing Instructions in the Weight and

Balance Section of the POH/AFM. Record the results in the airplane

records, and use these new values as the basis for computing the

weight and CG information as specified in the POH/AFM, Weight and

Balances Section.

(g) Upon completion of the requirements of paragraphs (e) and

(f) of this AD, remove the placards required by paragraph (d) of

this AD (including all sub-paragraphs), as applicable, and observe

the original limits.

(h) 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.

(i) 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 ACO, FAA, 1801 Airport Road, Room

100, Wichita, Kansas 67209. The request should be forwarded through

an appropriate FAA Maintenance Inspector, who may add comments and

send it to the Manager, Wichita ACO.

Note 3: Information concerning the existence of approved

alternative methods of compliance with this AD, if any, may be

obtained from the Wichita ACO.

(l) The inspections and installation required by this AD shall

be done in accordance with the instructions to Beech Kit No. 35-

4016-3, 35-4016-5, 35-4016-7, or 35-4016-9, and the instructions to

Beech Kit 35-4017-1 ``Kit Information Empennage & Aft Fuselage

Inspection'', as applicable and specified in Beech Service Bulletin

No. 2188, dated May 1987. 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 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.

(m) This amendment (39-9032) supersedes AD 57-18-01, Amendment

39-1759, and AD 87-20-02 R1, Amendment 39-5944.

(f) This amendment (39-9032) becomes effective on November 28,

1994.

Issued in Kansas City, Missouri, on September 16, 1994.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 94-23552 Filed 9-29-94; 8:45 am]

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