AD 97-04-02

[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)]
[Rules and Regulations]
[Pages 7667-7669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3957]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 97-CE-06-AD; Amendment 39-9937; AD 97-04-02]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company (Formerly 
Beech Aircraft Corporation) Models 1900, 1900C, and 1900D Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: 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.

DATES: Effective March 10, 1997, to all persons except those 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.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 10, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before April 25, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 97-CE-06-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
the Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085. 
This information may also be examined at the Rules Docket at the 
address above, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., 7th Floor, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Potter, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4124; 
facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION:

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 No.         
------------------------------------------------------------------------
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 in other 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

[[Page 7668]]

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 was selected 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 lettters 
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 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. 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.


Sec. 39.13  [Amended]

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

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 No.         
------------------------------------------------------------------------
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

[[Page 7669]]

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 (14 CFR 
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, 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 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 (39-9937) 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.

    Issued in Kansas City, Missouri, on February 11, 1997.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-3957 Filed 2-19-97; 8:45 am]
BILLING CODE 4910-13-U