[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]
BILLING CODE 4910-13-P