AD 94-20-04 SUPERSEDED

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 This action maintains the requirements of each of the superseded AD's and requires rebalancing the ruddervators (off the airplane) anytime the ruddervator is repaired or repainted (even if stripes are added).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.

Final rule

94-20-04 BEECH AIRCRAFT CORPORATION: Amendment 39-9032; Docket No. 93-CE- 37-AD. Supersedes AD 57-18-01, Amendment 39-1759 which superseded AD 53-11-01, and AD 87-20-02 R1, Amendment 39-5944 which superseded AD 86-21-07.

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by this AD may have already been accomplished in accordance with either AD 57-18-01 and AD 87-20-02 R1, which are superseded by this AD.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the actions of those AD's into one AD while maintaining the repetitive inspections schedules already established by the superseded AD's.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 inthe 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 paragraph (e) and (f) of this AD, remove the placards required by paragraphs (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 itto 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.

(j) 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.

(k) This amendment (39-9032) supersedes AD 57-18-01, Amendment 39-1759, and AD 87-20-02 R1, Amendment 39-5944.

(l) This amendment becomes effective on November 28, 1994.

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 andbulkheads 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.

Section 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:

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.

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.