AD 97-04-02

This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 97-04-02, which was sent previously to known U.S. owners and operators of certain Raytheon Aircraft Company (Raytheon) Models 1900, 1900C, and 1900D airplanes (formerly referred to as Beech Models 1900, 1900C, and 1900D airplanes). This AD requires installing new exterior operating instruction placards for the airstair door, cargo door, and emergency exits, as applicable. This AD results from an accident involving a Raytheon Model 1900C airplane that collided with another airplane while completing its landing roll. The ensuing fire destroyed both airplanes. The actions specified by this AD are intended to assure complete instructions are visible for opening the airstair door, cargo door, or emergency exits, which, if not visible or understandable, could result in the inability to open the airstair door, cargo door, or emergency exits during an emergency situation.

Final rule; request for comments.

97-04-02 RAYTHEON AIRCRAFT COMPANY (formerly Beech Aircraft Corporation): Amendment 39-9937; Docket No. 97-CE-06-AD.

Applicability: The following model and serial number airplanes, certificated in any category:

Model
Serial Numbers
1900
UA-2 and UA-3
1900C
UB-1 through UB-74, and UC-1 through UC-174
1900C (C-12J)
UD-1 through UD-6
1900D
UE-1 through UE-268

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 (c) 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 20 days after the effective date of this AD, unless already accomplished, except to those operators receiving this action by priority letter issued February 4, 1997, which made these actions effective immediately upon receipt.

To assure complete instructions are visible for opening the airstair door, cargo door, or emergency exits, which, if not visible or understandable, could result in the inability to open the airstair door, cargo door, or emergency exits during an emergency situation, accomplish the following:

(a) Install new exterior operating instruction placards for the airstair door and cargo door of Raytheon Models 1900 and 1900C airplanes; and the new exterior operating instruction placards for the airstair door, cargo door, and emergency exits of Raytheon Model 1900D airplanes. The placards and procedures for installing the placards are included with the following kits, as referenced in Raytheon Aircraft Mandatory Service Bulletin No. 2741, Issued: February 1997:

(1) Raytheon Part Number (P/N) 114-5050-3, Exterior Marking Placard Kit, for Model 1900 airplanes, serial numbers UA-2 and UA-3;

(2) Raytheon P/N 114-5050-1, Exterior Marking Placard Kit, for Model 1900C airplanes, serial numbers UB-1 through UB-74, and UC-1 through UC-174; and Model 1900C (C-12J), serial numbers UD-1 through UD-6; or

(3) Raytheon P/N 129-5030-1, Exterior Marking Placard Kit, for Model 1900D airplanes, serial numbers UE-1 through UE-268.

NOTE 2: Raytheon Aircraft Mandatory Service Bulletin No. 2741, Issued: February 1997, references the above kits and contains other information relating to this subject.

(b) Overlapping the registration numbers through proper installation of the placards is permissible as specified in section 45.21, paragraph (b), of the Federal Aviation Regulations (14CFR 45.21(b)). If this requirement cannot be met, obtain an alternative method of compliance using the instructions in paragraph (c) of this AD.

(c) 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 Airworthiness Inspector, who may add comments and then 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.

(d) The installations required by this AD shall be done in accordance with the instructions to the following kits, as referenced in Raytheon Aircraft Mandatory Service Bulletin No. 2741, Issued: February 1997:

- Raytheon Part Number (P/N) 114-5050-3, ExteriorMarking Placard Kit, for Model 1900 airplanes, serial numbers UA-2 and UA-3;

- Raytheon P/N 114-5050-1, Exterior Marking Placard Kit, for Model 1900C airplanes, serial numbers UB-1 through UB-74, and UC-1 through UC-174; and Model 1900C (C-12J), serial numbers UD-1 through UD-6; and

- Raytheon P/N 129-5030-1, Exterior Marking Placard Kit, for Model 1900D airplanes, serial numbers UE-1 through UE-268.

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 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.

(e) This amendment becomes effective on March 10, 1997, to all persons except those persons to whom it was made immediately effective by priority letter AD 97-04-02, issued February 4, 1997, which contained the requirements of this amendment.

Discussion
On February 4, the FAA issued priority letter AD 97-04-02, which applies to the following Raytheon Aircraft Company (formerly Beech Aircraft Corporation) airplanes:

Model
Serial Numbers
1900
UA-2 and UA-3
1900C
UB-1 through UB-74, and UC-1 through UC-174
1900C (C-12J)
UD-1 through UD-6
1900D
UE-1 through UE-268

That AD resulted from an accident involving a Raytheon Aircraft Company (Raytheon) Model 1900C airplane (formerly referred to as Beech Model 1900C) that collided with another airplane while completing its landing roll. The ensuing fire destroyed both airplanes.

Investigation following the accident indicates that all occupants of the Raytheon Model 1900C survived the impact of the collision. The emergency crew was not able to open the forward (main boarding) airstair door, and all occupants of the airplane died of smoke inhalation. The airstair door is unlocked and opened from the outside by depressing a release button while simultaneously rotating the door handle downward. The FAA believes that the instructions for opening the main boarding door of the Raytheon Model 1900C airplane were either not visible or not easily understandable.

Inspection of another Raytheon Model 1900C airplane revealed incomplete instructions for opening the airstair door. Specifically, these instructions consisted of a small placard with black letters 2/10-inch high on a white background, located aft and slightly lower than the door handle with the following information: "PUSH BUTTON AND TURN HANDLE TO OPEN." The button was neither outlined nor highly visible, and the instructions did not include the requirement of depressing the button while simultaneously rotating the handle and they did not indicate which direction to move the handle.

Discussion of the Applicable Service Information
The FAA has reviewed and approved Raytheon Aircraft Mandatory Service Bulletin No. 2741, Issued: February 1997. This service bulletin specifies installing (1) new exterior operating instruction placards for the airstair door and cargo door for Raytheon Models 1900 and 1900C airplanes; and (2) new exterior operating instruction placards for the airstair door, cargo door, and emergency exits for Raytheon Model 1900D airplanes. The placards and procedures for installing the placards are included with the following kits:

Raytheon Part Number (P/N) 114-5050-3, Exterior Marking Placard Kit, for Model 1900 airplanes, serial numbers UA-2 and UA-3;

Raytheon P/N 114-5050-1, Exterior Marking Placard Kit, for Model 1900C, serial numbers UB-1 through UB-74, and UC-1 through UC-174; and Model 1900C (C-12J) airplanes, serial numbers UD-1 through UD-6;

Raytheon P/N 129-5030-1, Exterior Marking Placard Kit, for Model 1900D airplanes, serial numbers UE-1 through UE-268.

The FAA's Determination and Explanation of the AD
Since an unsafe condition has been identified that is likely to exist or develop inother Raytheon Models 1900, 1900C, and 1900D airplanes of the same type design, the FAA issued priority letter AD 97-04-02 to assure complete instructions are visible for opening the airstair door, cargo door, or emergency exits, which, if not visible or understandable, could result in the inability to open the airstair door, cargo door, or emergency exits during an emergency situation. The AD requires installing new exterior operating instruction placards for the airstair door, cargo door, and emergency exits, as applicable. The placards and instructions to accomplish the instructions are included with the kits previously referenced.

Compliance Time of This AD
The compliance time of this AD is presented in calendar time (20 days). The FAA has determined that calendar time is appropriate because incorporating the placard is not related to airplane flight hours and needs to be incorporated on all airplanes within a reasonable period of time. This compliance time of 20 days wasselected to ensure that the action is accomplished within a reasonable amount of time without negatively impacting the operations of the Raytheon Models 1900, 1900C, and 1900D airplane fleet.

Determination of the Effective Date of the AD
Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on February 4, 1997, to known U.S. operators of certain Raytheon Models 1900, 1900C, and 1900D airplanes. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective as to all persons.

Comments Invited
Although this action is in the form of a final rule that involves requirements affecting immediate flight safety and, thus, was not preceded by noticeand opportunity to comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 97-CE-06-AD." The postcard will be date stamped and returned to the commenter.

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.

The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from 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: