DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 [63 FR 54399 No. 196, 10/9/98] [SN]	Raytheon Aircraft
   Company  (Beech)

Commnets: Dec. 18, 1998
Recurring: No	

[Docket No. 98-CE-61-AD]
RIN 2120-AA64 

Airworthiness Directives; Raytheon Aircraft Company 17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 Series Airplanes 

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to certain Raytheon Aircraft Company (Raytheon) 17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 series airplanes. The proposed AD would require installing a placard on the fuel tank selector to warn of the no-flow condition that exists between the fuel tank detents. The proposed AD is the result of reports of engine stoppage on the affected airplanes where the cause was considered to be incorrect positioning of the fuel selector. The actions specified by the proposed AD are intended to help prevent a lack of fuel flow to the engine caused by incorrect positioning of the fuel selector, which could result in loss of engine power.

DATES: Comments must be received on or before December 18, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-61-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
	Service information that applies to the proposed AD may be obtained from the Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085. This information also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Randy Griffith, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4145; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited 

	Interested persons are invited to participate in the making of the proposed 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, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received.
	Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed 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 proposal will be filed in the Rules Docket.
	Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 98-CE-61-AD." The postcard will be date stamped and returned to the commenter.

Availability of NPRMs 

	Any person may obtain a copy of this NPRM by submitting a request to the FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-61-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion 

	The FAA has received several reports of engine stoppage on Raytheon 17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 series airplanes. These incidents are believed to be attributed to incorrect positioning of the fuel selector, e.g., fuel shutoff, cross-feed selector for twin engine aircraft, tank selector. No mechanism exists to prevent positioning of the selector between any selection and no warning light exists to warn the pilot of incorrect positioning.
	With the selector positioned between a selection, a lack of fuel flow to the engine could result with consequent loss of engine power.

Relevant Service Information 

	Raytheon has issued Mandatory Service Bulletin (SB) No. 2670, Revision No. 1, dated May, 1998, which specifies procedures for installing a placard, part number 36-920059-1, on the fuel tank selector to warn of the no-flow condition that exists between the fuel tank detents.

The FAA's Determination 

	After examining the circumstances and reviewing all available information related to the incidents described above, including the above-referenced service information, the FAA has determined that AD action should be taken to prevent a lack of fuel flow to the engine caused by incorrect positioning of the fuel selector, which could result in loss of engine power.

Explanation of the Provisions of the Proposed AD 

	Since an unsafe condition has been identified that is likely to exist or develop in other Raytheon 17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 series airplanes of the same type design, the FAA is proposing AD action. The proposed AD would require installing a placard, part number 36-920059-1, on the fuel tank selector to warn of the no-flow condition that exists between the fuel tank detents. Accomplishment of the proposed installation would be in accordance with the service information previously referenced.

Cost Impact 

	The FAA estimates that 15,200 airplanes in the U.S. registry would be affected by the proposed AD. The placard that would be required for the proposed AD may be obtained through a Raytheon Aircraft Authorized Service Center at no cost to the owners/operators of the affected airplanes. Since an owner/operator who holds at least a private pilot's certificate as authorized by Secs. 43.7 and 43.9 of the Federal Aviation Regulations (14 CFR 43.7 and 43.9) may accomplish the proposed placard installation, the only cost impact upon the public would be the approximately 30 minutes it would take each owner/operator to install the placard.

Regulatory Impact 

	The regulations proposed herein would 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 proposal would 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) if promulgated, 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 draft regulatory evaluation prepared for this action has been placed 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, Safety.

The Proposed Amendment 

	Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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.

Sec. 39.13  [Amended]

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

RAYTHEON AIRCRAFT COMPANY (All type certificates of the affected airplanes previously held by the Beech Aircraft Corporation): Docket No. 98-CE-61-AD.

	Applicability: The following airplane models and serial numbers, certificated in any category:

	Model					Serial No.

	B17L					All serial numbers.
	SB17L					Do.
	B17B					Do.
	B17R (Army UC-43H)		Do.
	C17L (Army UC-43J)			Do.
	SC17L					Do.
	C17B (Army UC-43G)		Do.
	SC17B					Do.
	C17R (Army UC-43E)		Do.
	SC17R					Do.
	D17A (Army UC-43F)		Do.
	D17R (Army UC-43A)		Do.
	D17S (Army UC-43,
	 UC-43B, Navy GB-1,			Do.
	 GB-2).
	SD17S					Do.
	E17B (Army UC-43D)		Do.
	SE17B					Do.
	E17L					Do.
	F17D (UC-43C)			Do.
	SF17D					Do.
	G17S					Do.
	D18S					Do.
	E18S					Do.
	E18S-9700				Do.
	G18S					Do.
	G18S-9150				Do.
	H18					Do.
	A23-19				Do.
	19A					Do.
	M19A					Do.
	B19					Do.
	23					Do.
	A23					Do.
	A23A					Do.
	B23					Do.
	C23					Do.
	A23-24				Do.
	A24					Do.
	A24R					Do.
	B24R					Do.
	C24R					Do.
	F33A					CE-290 through CE-1791.
	E33C and F33C			CJ-26 through CJ-179.
	35					All serial numbers.
	35R					Do.
	A35					Do.
	B35					Do.
	C35					Do.
	D35					Do.
	E35					Do.
	F35					Do.
	G35					Do.
	H35					Do.
	J35					Do.
	K35					Do.
	M35					Do.
	N35					Do.
	P35					Do.
	S35					Do.
	V35					Do.
	V35TC				Do.
	V35A					Do.
	V35A-TC				Do.
	V35B					Do.
	V35B-TC				Do.
	36					Do.
	A36					E-185 through E-3046.
	A36TC				All serial numbers.
	B36TC					EA-242 through EA-591.
	45					All serial numbers.
	A45					Do.
	D45					Do.
	50					Do.
	B50					Do.
	C50					Do.
	D50					Do.
	D50A					Do.
	D50B					Do.
	D50C					Do.
	D50E					Do.
	E50					Do.
	F50					Do.
	G50					Do.
	H50					Do.
	J50					Do.
	95-55					Do.
	95-A55				Do.
	95-B55				Do.
	95-C55				Do.
	D55					Do.
	E55					Do.
	56TC					Do.
	A56TC				Do.
	58					TH-1 through TH-1798.
	58P					All serial numbers.
	58TC					Do.
	60					Do.
	A60					Do.
	B60					Do.
	65					Do.
	A65					Do.
	A65-8200				Do.
	70					Do.
	76					Do.
	77					Do.
	65-80					Do.
	65-A80				Do.
	65-B80				Do.
	65-88					Do.
	95					Do.
	B95					Do.
	B95A					Do.
	D95A					Do.
	E95					Do.
	
	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 75 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished.

	To prevent a lack of fuel flow to the engine caused by incorrect positioning of the fuel selector, which could result in loss of engine power, accomplish the following:
   (a)	Install a placard, part number 36-920059-1, on the fuel tank selector to warn of the no-flow condition that exists between the fuel tank detents. Accomplish this installation in accordance with Raytheon Mandatory Service Bulletin No. 2670, Revision No. 1, dated May, 1998.
   (b)	Installing the placard, as specified in paragraph (a) of this AD, may be performed by the owner/operator holding at least a private pilot certificate as authorized by Sec. 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 Sec. 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
   (c)	Special flight permits may be issued in accordance with Secs. 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)	All persons affected by this directive may obtain copies of the document referred to herein upon request to the Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; or may examine this document at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

	Issued in Kansas City, Missouri, on October 5, 1998.

Marvin R. Nuss, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Mr. Randy Griffith, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4145; facsimile: (316) 946-4407.

Manufacturer's Service Information:
Raytheon Mandatory Service Bulletin No. 2670, Revision No. 1

Service information that applies to the proposed AD may be obtained from the Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085