[Federal Register: December 20, 2004 (Volume 69, Number 243)]
[Rules and Regulations]
[Page 75833-75835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de04-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19896; Directorate Identifier 2004-CE-44-AD;
Amendment 39-13913; AD 2004-25-51]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company Beech Models
45 (YT-34), A45 (T-34A, B-45), and D45 (T-34B) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Raytheon Aircraft Company (Raytheon) Beech Models 45 (YT-34), A45 (T-
34A, B-45), and D45 (T-34B) airplanes. This AD requires you to perform
an inspection and/or modification program approved specifically for
this AD by the FAA Wichita Aircraft Certification Office (ACO). This AD
is the result of a total of three accidents on the affected airplanes,
including a recent accident where the wing separated from the airplane
in flight. We are issuing this AD to detect and correct cracking in the
wing structure of the affected airplanes, which could result in the
wing separating from the airplane with consequent loss of control of
the airplane.
DATES: This AD becomes effective on December 21, 2004, to all affected
persons who did not receive emergency AD 2004-25-51, issued December
10, 2004. Emergency AD 2004-25-51 contained the requirements of this
amendment and became effective immediately upon receipt.
[[Page 75834]]
We must receive any comments on this AD by January 31, 2005.
ADDRESSES: Use one of the following to submit comments on this AD:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
To view the comments to this AD, go to http://dms.dot.gov. The
docket number is FAA-2004-19896.
FOR FURTHER INFORMATION CONTACT: Paul Nguyen, Aerospace Engineer, FAA,
Wichita Aircraft Certification Office, 1801 Airport Road, Mid-Continent
Airport, Wichita, Kansas 67209; telephone: (316) 946-4125; facsimile:
(316) 946-4107; e-mail: paul.nguyen@faa.gov.
SUPPLEMENTARY INFORMATION:
What events have caused this AD? On December 7, 2004, the left wing
of a Raytheon Beech Model A45 (T-34A), serial number G-13, separated
from the airplane in flight. The airplane, operated by Texas Air Aces,
crashed near Montgomery, Texas. The wing was found about a quarter mile
away from the crash site.
The left wing center section failed 4 inches inboard of the forward
wing attach fitting. In addition, FAA investigation revealed further
visual evidence of fatigue (found in other wing locations) not
previously addressed by AD 2001-13-18 R1, which FAA issued as a result
of an accident near Conroe, Texas.
A review of maintenance records shows that the accident airplane
was in compliance with AD 2001-13-18 R1.
AD 2001-13-18 R1 requires compliance with Raytheon Service Bulletin
SB57-3329 to inspect four locations per wing:
Location (1)--9 fasteners at Wing Station (W.S.) 34
forward spar;
Location (2)--the lower rear bathtub fitting;
Location (3)--1 fastener at W.S. 64 forward spar; and
Location (4)--2 fasteners at W.S. 66 rear spar.
The FAA approved four alternative methods of compliance (AMOCs) to
AD 2001-13-18 R1 based on front spar replacement or modification and
inspections of Location (2) and (4) of the rear spar.
On January 27, 2003, FAA issued emergency AD 2004-25-51 to require
you to perform an inspection and/or modification program approved
specifically for this AD by the FAA Wichita Aircraft Certification
Office (ACO).
Why is it important to publish this AD? The FAA found that
immediate corrective action was required, that notice and opportunity
for prior public comment were impracticable and contrary to the public
interest, and that good cause existed to make the AD effective
immediately by individual letters issued on December 10, 2004, to all
known U.S. operators of Raytheon Beech Models 45 (YT-34), A45 (T-34A,
B-45), and D45 (T-34B) airplanes. These conditions still exist, and the
AD is 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 to all persons.
Comments Invited
Will I have the opportunity to comment before you issue the rule?
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to submit any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-19896;
Directorate Identifier 2004-CE-44-AD'' in the subject line of your
comments. If you want us to acknowledge receipt of your mailed
comments, send us a self-addressed, stamped postcard with the docket
number written on it; we will date-stamp your postcard and mail it back
to you. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify it. If a person contacts us through a
nonwritten communication, and that contact relates to a substantive
part of this AD, we will summarize the contact and place the summary in
the docket. We will consider all comments received by the closing date
and may amend the AD in light of those comments.
Authority For This Rulemaking
What authority does FAA have for issuing this rulemaking action?
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106 describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this AD.
Regulatory Findings
Will this AD impact various entities? We have determined that this
AD will not have federalism implications under Executive Order 13132.
This AD will not have a substantial direct effect 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.
Will this AD involve a significant rule or regulatory action? For
the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. 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.
We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary by
sending a request to us at the address listed under ADDRESSES. Include
``Docket No. FAA-2004-19896; Directorate Identifier 2004-CE-44-AD'' in
your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
0
Accordingly, under 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
0
1. The authority citation for part 39 continues to read as follows:
[[Page 75835]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2004-25-51 Raytheon Aircraft Company: Amendment 39-13913; Docket No.
FAA-2004-19896; Directorate Identifier 2004-CE-44-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on December 21, 2004, to all
affected persons who did not receive emergency AD 2004-25-51, issued
December 10, 2004. Emergency AD 2004-25-51 contained the
requirements of this amendment and became effective immediately upon
receipt.
Are Any Other ADs Affected By This Action?
(b) None. For clarification, this AD provides no relief from the
requirements of AD 2001-13-18 R1.
What Airplanes Are Affected by This AD?
(c) This AD affects Beech Models 45 (YT-34), A45 (T-34A, B-45),
and D45 (T-34B) airplanes, all serial numbers, that are certificated
in any category.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of cracks found in a location that was
previously inspected and found to comply with AD 2001-13-18 R1; and
two new locations. We are issuing this AD to detect and correct such
cracking, which could result in the wing separating from the
airplane with consequent loss of control of the airplane.
What Must I Do To Address This Problem?
(e) The following specifies actions you must do per this AD and
other pertinent information to address this problem:
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Actions Compliance
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(1) Perform an inspection and/or Prior to further flight after
modification program approved December 21, 2004 (the
specifically for this AD by the FAA effective date of this AD),
Wichita Aircraft Certification Office except that this action was
(ACO). already required prior to
further flight upon receipt
for those who received
emergency AD 2004-25-51.
(2) To return/position the airplane to You may operate the airplane up
a home base, hangar, maintenance to 10 hours time-in-service
facility, etc., you may operate the (TIS) provided the flight(s)
airplane provided you follow the occur(s) no later than 30 days
limitations in paragraph (f) of this after December 21, 2004,
AD. except that this provision was
already given to those who
received emergency AD 2004-25-
51. This is a one-time
provision.
(3) Special flight permits are allowed Use the procedures in 14 CFR
for this AD. See paragraph (f) of this part 39 and the restrictions
AD for restrictions. in paragraph (f) of this AD.
(4) To help in the long-term Send to Paul Nguyen, Aerospace
airworthiness solution for the safety Engineer, FAA, Wichita
and continued airworthiness of these Aircraft Certification Office,
airplanes, FAA is requesting data from 1801 Airport Road, Mid-
every owner/operator on the following Continent Airport, Wichita,
on these airplanes: Kansas 67209; telephone: (316)
(i) Service/Repair History (cracked/ 946-4125; facsimile: (316) 946-
fatigued structure); 4107; e-mail:
(ii) Maintenance Schedule; and paul.nguyen@faa.gov.
(iii) Total Hours Time-In-Service
(TIS).
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What Are the Flight Restrictions Specified in Paragraph (e)(2) and
(e)(3) of This AD?
(f) During the time allowed before compliance with paragraph
(e)(1) of this AD or for any approved special flight permit, you
must adhere to the following limitations:
(1) NEVER EXCEED SPEED, VNE-175 MPH (152 knots).
(2) NORMAL ACCELERATION (G) LIMITS -0, and +2.5.
(3) ACROBATIC MANEUVERS PROHIBITED.
(4) FLIGHT INTO KNOWN OR FORECAST MODERATE OR SEVERE TURBULENCE
IS PROHIBITED.
(5) DAY VISUAL FLIGHT RULES (VFR) OPERATION ONLY.
(6) PILOT AND ANY ADDITIONAL FLIGHT CREW MEMBER REQUIRED FOR
SAFE OPERATION.
Who Do I Contact for Further Information?
(g) If you need additional information relating to this AD,
contact: Paul Nguyen, Aerospace Engineer, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road, Mid-Continent Airport,
Wichita, Kansas 67209; telephone: (316) 946-4125; facsimile: (316)
946-4107; e-mail: paul.nguyen@faa.gov.
Issued in Kansas City, Missouri, on December 14, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-27708 Filed 12-17-04; 8:45 am]
BILLING CODE 4910-13-P