AD 98-13-02 SUPERSEDED

This amendment adopts a new airworthiness directive (AD) that applies to Raytheon Aircraft Company (Raytheon) Models 35, A35, B35, and 35R airplanes (commonly referred to as Beech Models 35, A35, B35, and 35R airplanes). This AD requires fabricating a placard that restricts the never exceed speed (Vne) to no more than 144 miles per hour (MPH) or 125 knots (KTS) indicated airspeed (IAS), and installing this placard on the instrument panel within the pilot s clear view. This AD also requires marking a red line on the airspeed indicator glass at 144 MPH (125 KTS), marking a white slippage mark on the outside surface of the airspeed indicator between the glass and case, and inserting a copy of this AD into the Limitations Section of the airplane flight manual (AFM). This AD is the result of several occurrences of in-flight vibration on the affected airplanes. The actions specified by this AD are intended to prevent in-flight vibrations caused by the affected airplanes operating at excessive speeds, which could result in airplane damage and possible loss of control of the airplane.

Comments for inclusion in the Rules Docket must be received on or before August 10, 1998.

Final rule; request for comments

98-13-02 RAYTHEON AIRCRAFT COMPANY (Type Certificate No. A24CE formerly held by the Beech Aircraft Corporation): Amendment 39-10590; Docket No. 98-CE-55-AD.

Applicability: Models 35, A35, B35, and 35R airplanes, all serial numbers, 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 (f) 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 10 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished.

To prevent in-flight vibrations caused by the affected airplanes operating at excessive speeds, which could result in airplane damage and possible loss of control of the airplane, accomplish the following:

(a) Fabricate a placard that restricts the never exceed speed (Vne) to no more than 144 miles per hour (MPH) or 125 knots (KTS) indicated airspeed (IAS), and install this placard on the instrument panel within the pilot's clear view. The placard should utilize letters of at least 0.10-inch in height and contain the following words:

"Never exceed speed, Vne, 144 MPH (125 KTS) IAS"

(b) Mark a red line on the airspeed indicator glass at 144 MPH (125 KTS) and mark a white slippage mark on the outside surface of the airspeed indicator between the glass and case.

(c) Insert a copy of this AD into the Limitations Section of the airplane flight manual (AFM).

(d) Fabricating and installing the placard as required by paragraph (a) of this AD and inserting this AD into the Limitations Section of the AFM as required by paragraph (c) of this AD may be performed by the owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7), and must be entered into the aircraft records showing compliance with this AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

(e) 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.

(f) 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.

(g) Information related to this AD may be examined at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri.

(h) This amendment becomes effective on July 7, 1998.

Discussion
The FAA has recently received reports of several incidents of in-flight vibrations on Raytheon Models 35, A35, B35, and 35R airplanes (commonly referred to as Beech Models 35, A35, B35, and 35R airplanes). These incidents are unrelated to AD 94-20-04, Amendment 39-9032 (59 FR 49785, September 30, 1994), which currently requires, among other things, balancing the ruddervators (off the airplane) anytime the ruddervator is repaired or repainted on Raytheon 35 series airplanes. Of the 10 incidents since AD 94-20-04 became effective, 7 of the affected airplanes had ruddervators that were balanced and 3 of the affected airplanes had ruddervators that were out-of-balance.

Post-flight inspections of the airplanes involved in the above-referenced incidents have revealed cracked bulkheads and wrinkled skin in the aft fuselage; and broken spars, broken hinges, and bent skin on the stabilizers and ruddervators.

The Raytheon Models 35, A35, B35,and 35R airplanes are equipped with "V-tails" that have a narrow chord stabilizer without reinforcing cuffs. The FAA s preliminary investigation reveals the possibility of an unstable flutter mode in the 160 to 170 MPH range for the Raytheon Models 35, A35, B35, and 35R airplanes. This unstable mode is not likely to occur on other Raytheon airplane models with "V-tail" configurations.

The FAA's Determination
After examining the circumstances and reviewing all available information related to the incidents described above, the FAA has determined that AD action should be taken to prevent in-flight vibrations caused by the affected airplanes operating at excessive speeds, which could result in airplane damage and possible loss of control of the airplane.

Explanation of the Provisions of the AD
Since an unsafe condition has been identified that is likely to exist or develop in other Raytheon Models 35, A35, B35, and 35R airplanes of the same type design, the FAA is issuing an AD. This AD requires:

- fabricating a placard that restricts the never exceed speed (Vne) to no more than 144 miles MPH or 125 KTS IAS, and installing this placard on the instrument panel within the pilot s clear view;

- marking a red line on the airspeed indicator glass at 144 MPH (125 KTS);

- marking a white slippage mark on the outside surface of the airspeed indicator between the glass and case; and

- inserting a copy of this AD into the Limitations Section of the AFM.

Possible Follow-up AD Action
Raytheon is also reviewing the information related to the occurrences referenced in this AD and may develop a modification that, when incorporated, would eliminate the need for the speed restrictions required by this AD. The FAA will review any modification that is developed, determine whether it would eliminate the need for the requirements of this action, and then determine whether additional AD action is necessary.

Determination of the Effective Date of the ADSince a situation exists (possible loss of control of the airplane due to in-flight vibrations) that requires the immediate adoption of this regulation, it is found that notice and opportunity for public prior comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.

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 notice and 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. 98-CE-55-AD." The postcard will be date stamped and returned to the commenter.

Regulatory Impact
The regulations adopted herein will not havesubstantial 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 (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket.

List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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. 106(g), 40113, 44701.

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

Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-55-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Information that relates to this AD may be examined at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-55-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Mr. Steve Litke, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4127; facsimile: (316) 946-4407.