DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 [64 FR 41842 No. 147, 08/02/99]
	Raytheon Aircraft (Beech)

Amendment 39-11061
Comments Sept. 9, 1999

Recurring:  No	
[Docket No. 98-CE-61-AD; Amendment 39-11061; AD 99-05-13]
RIN 2120-AA64                 {The above data is from the original AD, not this NPRM}

Airworthiness Directives; Raytheon Aircraft Company Beech 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; withdrawal of final rule.

SUMMARY: This document proposes to withdraw Airworthiness Directive (AD) 99-05-13, which currently applies to Raytheon Aircraft Company (Raytheon) Beech 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. AD 99-05-13 requires installing a placard on the fuel tank selector to warn of the no-flow condition that exists between the fuel tank detents. Since the issuance of AD 99-05-13, the Federal Aviation Administration (FAA) has re-evaluated all information related to this subject, and determined that the subject matter in this AD is an operational issue and does not address an unsafe condition.
	Accordingly, this action proposes to withdraw AD 99-05-13.

DATES: Comments must be received on or before September 9, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Scott West, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4146; 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 

	AD 99-05-13, Amendment 39-11061 (64 FR 10560), currently requires installing a placard on the fuel tank selector to warn of the no-flow condition that exists between the fuel tank detents on Raytheon Beech 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 AD was 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 of AD 99-05-13 were intended to prevent a lack of fuel flow to the engine caused by the incorrect positioning of the fuel selector, which could result in loss of engine power.

Events Leading to This Proposed Action 

	The FAA has since evaluated all information related the subject matter of AD 99-05-13 and has determined that:

•	The positioning of the fuel selector is an operational issue and not an unsafe condition under part 39 of the Federal Aviation Regulations (14 CFR part 39) and should be handled by other methods; 
•	Normal operating and procedural information such as this should be handled through regular revisions to the Airplane Flight Manual (AFM) or Pilot's Operating Handbook (POH); and 
•	By requiring a placard in an AD to convey normal operating information, the FAA reduces the pilots' sensitivity to true emergency information that should be conveyed by placards.

The FAA's Determination and Provisions of This Proposed Action 

	Based on the above information, the FAA has determined that there is no need for AD 99-05-13 and that it should be withdrawn.
	This proposed action would withdraw AD 99-05-13. Withdrawal of AD 99-05-13 would constitute only such action; and, if followed by a final action, would not preclude the agency from issuing another notice in the future, nor would it commit the agency to any course of action in the future.

Regulatory Impact 

	Since this proposed action would only withdraw an AD, it is neither a proposed AD nor a final AD and, therefore, is not covered under Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39 

	Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Withdrawal 

	Accordingly, AD 99-05-13, Amendment 39-11061, published in the Federal Register on March 5, 1999 (64 FR 10560), is proposed to be withdrawn.

	Issued in Kansas City, Missouri, on July 26, 1999.

Mike Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Mr. Scott West, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4146; facsimile: (316) 946-4407.