AD 97-06-11

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.

Final rule

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 becomes effective on May 16, 1997.

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 waterfroze 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.

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