[Federal Register Volume 64, Number 113 (Monday, June 14, 1999)]
[Rules and Regulations]
[Pages 31689-31691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14932]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-CE-22-AD; Amendment 39-11193; AD 99-12-02]
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, 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) 99-12-02, which was sent
previously to all known U.S. owners and operators of Raytheon Aircraft
Corporation (Raytheon) Beech Models 45 (YT-34), A45 (T-34A, B-45), and
D45 (T-34B) airplanes. This AD requires incorporating operating
limitations that restrict operation of the airplanes to normal category
operation and prohibit them from acrobatic and utility category
operations; limit the flight load factor to 0 to 2.5 G; and limit the
maximum airspeed to 175 miles per hour (mph) (152 knots). This AD
resulted from a report of an in-flight separation of the right wing on
a Raytheon Beech Model A45 (T-34A) airplane. The actions specified by
this AD are intended to assure the operational safety of the above-
referenced airplanes.
DATES: Effective July 9, 1999, to all persons except those to whom it
was made immediately effective by priority letter AD 99-12-02, issued
May 28, 1999, which contained the requirements of this amendment.
Comments for inclusion in the Rules Docket must be received on or
before July 30, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket 99-CE-22-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Information related to this AD may be examined at the Rules Docket
at the address above.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Nguyen, Aerospace Engineer,
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room
100, Mid-Continent Airport, Wichita, Kansas, 67209, telephone: (316)
946-4125; facsimile: (316) 946-4407.
SUPPLEMENTARY INFORMATION:
Discussion
On May 28, 1999, the FAA issued priority letter AD 99-12-02, which
applies to all Raytheon Beech Models 45 (YT-34), A45 (T-34A, B-45), and
D45 (T-34B) airplanes. That AD resulted from a report of an in-flight
separation of the right wing on a Raytheon Beech Model A45 (T-34A)
airplane. The airplane was involved in mock aerial combat with another
Beech Model A45 (T-34A) airplane.
The left wing remained attached to the airplane following
separation of the right wing. As the airplane made ground contact, the
left wing forward and rear spars and wing attach fittings sustained
overload fractures.
Examination of the right wing revealed structural fatigue cracks at
several of the fracture surfaces. Although it did not separate from the
airplane, the left wing also showed structural fatigue cracks at
several locations.
Priority letter AD 99-12-02 requires fabricating two placards using
letters of at least \1/10\-inch in height with each consisting of the
following words, and installing these placards on the airplane
instrument panels (one on the front panel and one on the rear panel)
next to the airspeed indicators within the pilot's clear view:
Never exceed speed, Vne-175 MPH (152 knots) IAS; Normal
Acceleration (G) Limits -0, and +2.5; ACROBATIC MANEUVERS
PROHIBITED.
This AD also requires marking the airspeed indicators to specify
the limitations referenced in the placards, and incorporating a copy of
the AD into the Limitations Section of the Airplane Flight Manual
(AFM).
The FAA's Determination and Explanation of the AD
Since an unsafe condition was identified that is likely to exist or
develop in other Raytheon Beech Models 45 (YT-34), A45 (T-34A, B-45),
and D45 (T-34B) airplanes of the same type design airplanes, the FAA:
1. Determined that the Beech Models 45 (YT-34), A45 (T-34A, B-45),
and D45 (T-34B) airplanes should not be operated without restrictions
until the wing structure has been inspected in accordance with
inspection procedures approved by the FAA, and the structure is found
to be free of cracks;
2. Determined that all of the above-referenced airplanes should be
restricted to normal category operation and prohibited from acrobatic
and utility category operations; the flight load factor should be
limited to 0 to 2.5 G; and the maximum airspeed should be limited to
175 miles per hour (mph) (152 knots);
3. Determined that immediate AD action should be taken to assure
the operational safety of these airplanes; and
4. Issued AD 99-12-02 as a priority letter on May 28, 1999.
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 letters
issued on May 28, 1999, 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 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.
[[Page 31690]]
Differences Between This AD and the Service Information and
Possible Follow-Up Action
The actions required by this AD are different than those
recommended in Raytheon Safety Communique No. 162, Rev. 1, dated June
1999, which specifies not operating the affected airplanes. Based on
the service history of the wing structure of the Raytheon Beech Models
45 (YT-34), A45 (T-34A, B-45), and D45 (T-34B) airplanes and all
available information related to the referenced accident, the FAA has
determined that the restrictions imposed by this AD will continue to
assure the operational safety of these airplanes until detailed
inspection procedures are developed.
When inspection procedures are developed for the wing structure of
the affected airplanes, the FAA will evaluate these procedures and will
decide whether to initiate further rulemaking action. Further action
may include alleviating the restrictions imposed by this AD.
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. 99-CE-22-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, 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
99-12-02 Raytheon Aircraft Corporation: Amendment 39-11193; Docket
No. 99-CE-22-AD.
Applicability: Beech Models 45 (YT-34), A45 (T-34A, B-45), and
D45 (T-34B) 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 (e) 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 as indicated in the body of this AD, unless
already accomplished.
To assure the operational safety of the above-referenced
airplanes, accomplish the following:
(a) Prior to further flight after the effective date of this AD,
accomplish the following:
(1) Fabricate two placards using letters of at least \1/10\-inch
in height with each consisting of the following words:
Never exceed speed, Vne-175 MPH (152 knots) IAS; Normal Acceleration
(G) Limits 0, and +2.5; ACROBATIC MANEUVERS PROHIBITED.''
(2) Install these placards on the airplane instrument panels
(one on the front panel and one on the rear panel) next to the
airspeed indicators within the pilot's clear view.
(3) Insert a copy of this AD into the Limitations Section of the
Airplane Flight Manual (AFM).
(b) Within the next 10 hours time-in-service (TIS) after the
effective date of this AD, modify the airspeed indicator glass by
accomplishing the following:
(1) Place a red radial line on the indicator glass at 175 miles
per hour (mph) (152 knots).
(2) Place a white slippage index mark between the airspeed
indicator glass and the case to visually verify that the glass has
not rotated.
(c) Within the next 10 hours TIS after the effective date of
this AD, mark the outside surface of the ``g'' meters with lines of
approximately \1/16\-inch by \3/16\-inch, as follows:
(1) A red line at 0 and 2.5; and
(2) A white slippage mark between each ``g'' meter glass and
case to visually verify that the glass has not rotated.
(d) Fabricating and installing the placards and inserting a copy
of this AD into the AFM as required by paragraphs (a)(1), (a)(2),
and (a)(3) of this AD, respectively, 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).
(e) An alternative method of compliance or adjustment of the
compliance times that provides an equivalent level of safety may be
approved by the Manager, Wichita Aircraft Certification Office
(ACO), 1801 Airport Road, Rm. 100, Mid-Continent Airport, Wichita,
Kansas, 67209. The request shall be forwarded through an appropriate
FAA
[[Page 31691]]
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.
(f) Information related to this priority letter AD may be
examined at the FAA, Central Region, Office of the Regional Counsel,
Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
(g) This amendment becomes effective on July 9, 1999, to all
persons except those persons to whom it was made immediately
effective by priority letter AD 99-12-02, issued May 28, 1999, which
contains the requirements of this amendment.
Issued in Kansas City, Missouri, on June 4, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-14932 Filed 6-11-99; 8:45 am]
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