[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Proposed Rules]
[Pages 26149-26152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11179]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-09-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Beech Models 
45 (YT-34), A45 (T-34A, B-45), and D45 (T-34B) Airplanes

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 99-12-02, which currently requires flight and operating 
limitations on Raytheon Aircraft Corporation (Raytheon) Beech Models 45 
(YT-34), A45 (T-34A, B-45), and D45 (T-34B) airplanes. AD 99-12-02 
resulted from a report of an in-flight separation of the right wing on 
a Raytheon Beech Model A45 (T-34A) airplane. The AD was issued as an 
interim action until the development of FAA-approved inspection 
procedures. Raytheon has developed such procedures. The proposed AD 
would: Require repetitive inspections of the wing spar assembly for 
cracks, with replacement of any wing spar assembly found cracked 
(unless the spar assembly has a crack indication in the filler strip 
where the direction of the crack is toward the outside of the filler 
strip); require reporting the results of the initial inspection; and 
change the flight and operating limitations that AD 99-12-02 currently 
requires.
    The actions specified by the proposed AD are intended to detect and 
correct cracks in the wing spar assemblies and assure the operational 
safety of the above-referenced airplanes.

DATES: The Federal Aviation Adminstration (FAA) must receive any 
comments on the proposed rule on or before July 7, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 2000-CE-09-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
    You may get the service information referenced in the proposed AD 
from Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-
0085; telephone: (800) 429-5372 or (316) 676-3140. You may examine this 
information at the Rules Docket at the address above.

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) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments in triplicate 
to the address specified under the caption ADDRESSES. The FAA will 
consider all comments received on or before the closing date. We may 
amend the proposed rule in light of comments received. Factual 
information that supports your ideas and suggestions is extremely 
helpful in evaluating the effectiveness of the proposed AD action and 
determining whether we need to take additional rulemaking action.
    We believe that the proposed regulation may have a significant 
economic impact on a substantial number of small entities. Due to the 
urgent nature of the safety issues addressed, FAA has been unable to 
complete a preliminary regulatory flexibility analysis prior to 
issuance of the NPRM. We anticipate including the final regulatory 
flexibility analysis and determination with the final rule, if adopted. 
To assist in this analysis, we are particularly interested in receiving 
information on the impact of the proposed rule on small businesses and 
suggested alternative methods of compliance that will reduce or 
eliminate such impacts. 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.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might suggest a need to modify the rule. You may examine all comments 
we receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of the 
proposed AD.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2000-CE-09-AD.'' We will date stamp and mail 
the postcard back to you.

Discussion

    Has FAA taken any action to this point? In-flight separation of the 
right wing on a Raytheon Beech Model A45 (T34A) airplane caused us to 
issue AD 99-12-02, Amendment 39-11193 (64 FR 31689, June 14, 1999). 
This AD requires:

--Incorporating flight and operating limitations that restrict the 
airplanes to normal category operation and prohibit them from acrobatic 
and utility category operations;
--Limiting the flight load factor to 0 to 2.5 G; and
--Limiting the maximum airspeed to 175 miles per hour (mph) (152 
knots).

    AD 99-12-02 was issued as an interim action until the development 
of FAA-approved inspection procedures.
    What has happened since AD 99-12-02 to initiate this action? 
Raytheon has developed procedures to inspect the wing spar assemblies 
on Raytheon Beech Models 45 (YT-34), A45 (T-34A, B-45), and D45 (T-34B) 
airplanes. We have reviewed and approved the technical aspects of these 
procedures.

[[Page 26150]]

    Is there service information that applies to this subject? Raytheon 
has issued Mandatory Service Bulletin No. SB 57-3329, Issued: February, 
2000.
    What are the provisions of this service bulletin? The service 
bulletin:

--Includes procedures for inspecting the forward (main) and aft (rear) 
wing spar assemblies of the above-referenced airplanes; and
--Specifies provisions for when to replace a cracked wing spar 
assembly.

    The service bulletin specifies that a crack indication in the 
filler strip is allowed if the direction of the crack is toward the 
outside edge of the filler strip. If the direction of the crack is 
toward the inside of the filler strip or any crack is found in any 
other area, the service bulletin specifies replacing the spar assembly 
prior to further flight.

The FAA's Determination and Explanation of the Provisions of the 
Proposed AD

    What has FAA determined? After examining the circumstances and 
reviewing all available information related to the incidents described 
above, including the relevant service information, FAA has determined 
that:
--An unsafe condition 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;
--The actions of the above-referenced service bulletin should be 
accomplished on the affected airplanes;
--When these actions are accomplished, the flight and operating 
restrictions that AD 99-12-02 requires may be changed as specified in 
this proposed AD; and
--AD action should be taken to detect and correct cracks in the wing 
spar assemblies and assure the operational safety of the above-
referenced airplanes.

    What would the proposed AD require? The proposed AD would supersede 
AD 99-12-02 and would:

--Require you to repetitively inspect the wing spar assemblies for 
cracks and replace any cracked wing spar assembly. A crack indication 
in the filler strip is allowed if the direction of the crack is toward 
the outside edge of the filler strip;
--Require you to report the results of the initial inspection;
--Require you to maintain the flight and operating restrictions that AD 
99-12-02 currently requires until you accomplish the initial inspection 
and possible replacement proposed in this AD; and
--Allow you to change the flight and operating restrictions that AD 99-
12-02 currently requires after the wing spar assemblies are inspected 
and the wing spar assembly either is replaced, is crack free, or only 
has a crack indication in the filler strip where the direction of the 
crack is toward the outside of the filler strip.

    Are there differences between the proposed AD and the service 
information? Raytheon Mandatory Service Bulletin No. SB 57-3329, 
Issued: February, 2000, specifies that you accomplish the initial 
inspection prior to further flight after receipt. We do not have 
justification for requiring the initial inspection prior to further 
flight. Instead, we have determined that 80 hours time-in-service (TIS) 
or 12 months (whichever occurs first) is a reasonable time period for 
accomplishing the initial inspection in this AD. We will retain the 
flight and operating restrictions that AD 99-12-02 currently requires 
until this inspection is accomplished.
    Why is the compliance of the initial inspection in hours time-in-
service (TIS) and calendar time? We have established the compliance 
time of the initial inspection at the next 80 hours TIS or 12 months 
time with the prevalent one being that which occurs first. This would 
assure that cracks are detected on high usage airplanes while the 
owners/operators of the lower usage airplanes would have additional 
time to accomplish the action (up to 12 months). Having the inspection 
accomplshed on all airplanes within 12 months would assure that all 
wing spar cracks on the affected airplanes are detected in a reasonable 
time period, while not inadvertently grounding the affected airplanes. 
The FAA has determined that the dual compliance time will assure that 
the safety issue is addressed in a timely manner without inadvertently 
grounding any of the affected airplanes.

Cost Impact

    How many airplanes does the proposed AD impact? The FAA estimates 
that 476 airplanes in the U.S. registry would be affected by the 
proposed AD.
    What is the cost impact of the initial inspection on owners/
operators of the affected airplanes? We estimate that it would take 
approximately 241 workhours per airplane to accomplish the proposed 
initial inspection, at an average labor rate of $60 an hour. Based on 
these figures, FAA estimates the cost impact of the proposed initial 
inspection on U.S. operators at $6,882,960, or $14,460 per airplane.
    What about the cost of repetitive inspections and replacements? The 
figures above only take into account the cost of the proposed initial 
inspection and do not take into account the cost of repetitive 
inspections or the cost to replace a cracked wing spar assembly. The 
FAA has no way of determining the number of repetitive inspections each 
owner/operator would incur over the life of an affected airplane or the 
number of airplanes that would have a cracked wing spar(s) and need 
replacement.
    The cost of each repetitive inspection would be $1,860 per airplane 
(31 workhours  x  $60 per hour).
    Raytheon no longer produces wings spars for the affected airplanes. 
If a wing spar was found cracked, you would have to install an FAA-
approved wing spar configuration in order to continue to operate the 
airplane. For cost estimate purposes, we are using information on 
installing a Raytheon Beech 55 or 58 series airplane wing spar on a 
Raytheon Beech Model A45 airplane in accordance with Supplemental Type 
Certificate (STC) No. SA5521NM. Nogle and Black Aviation, Inc., owns 
this STC. The cost to replace a cracked wing spar through this STC 
would be $14,100 (160 workhours  x  $60 per hour plus $4,500 for 
parts). The airplane would still be subject to the inspection 
requirements proposed in this NPRM.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
action (1) is not a ``significant regulatory action'' under Executive 
Order 12866; and (2) is not a ``significant rule'' under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). This proposed 
rule, if adopted, may have a significant economic impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. We are currently conducting a Regulatory 
Flexibility Determination and Analysis. We are considering alternative 
methods of compliance to the proposed AD that could minimize the impact 
on small entities. We specifically invite comments in this area.
    At this point, we have determined that AD action is the best course 
to

[[Page 26151]]

address the unsafe condition specified in this document. We have also 
determined that the situation does not warrant waiting for the 
completion of the Regulatory Flexibility Determination and Analysis 
before we issue the NPRM. We will place a copy of the completed 
Regulatory Flexibility Determination and Analysis in the Docket file. 
You may obtain this information at the address specified in the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations 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. FAA amends Section 39.13 by removing Airworthiness Directive 
(AD) 99-12-02, Amendment 39-11193 (64 FR 31689, June 14, 1999), and by 
adding a new AD to read as follows:

Raytheon Aircraft Company: Docket No. 2000-CE-09-AD; Supersedes AD 
99-12-02, Amendment 39-11193.

    (a) What airplanes are affected by this AD? This AD applies to 
Beech Models 45 (YT-34), A45 (T-34A, B-45), and D45 (T-34B) 
airplanes, all serial numbers, certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register must comply with 
this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct cracks in the wing spar 
assemblies and assure the operational safety of the above-referenced 
airplanes.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:
    (1) Actions retained from AD 99-12-02:

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                                    Action                                                    When                          In accordance with
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I. Placard requirements:                                                        I. All actions prior to further   I. Not Applicable.
Fabricate two placards using letters of at least \1/10\-inch in height with      flight with after July 9, 1999
 each consisting of the following words: ``Never exceed speed, Vne-175 MPH       (the effective date of AD 99-12-
 (152 knots) IAS; Normal Acceleration (G) 1999 Limits -0, and +2.5; ACROBATIC    02).
 MANEUVERS PROHIBITED.''
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.
Insert a copy of this AD into the Limitations Section of the Airplane Flight
 Manual (AFM).
II. Modification requirements:                                                  II. All actions required within   II. Not Applicable.
Modify the airspeed indicator glass by accomplishing the following:              10 hours time-in-service (TIS)
1. Place a red radial line on the indicator glass at 175 miles per hour (mph)    after July 9, 1999 (the
 (152 knots).                                                                    effective date of AD 99-12-02).
2. Place a white slippage index mark between the airspeed indicator glass and
 the case to visually verify that the glass has not rotated.
Mark the outside surface of the ``g'' of 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.
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    (2) Actions New to this AD:

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                                    Action                                                    When                          In accordance with
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I. Inspect the wing spar assemblies for cracks.                                 I. Initially at whichever occurs  I. Raytheon Mandatory Service Bulletin
                                                                                 first:.                           No. SB 57-3329, Issued: February,
                                                                                --Within 80 hours time-in-         2000.
                                                                                 service (TIS) after the
                                                                                 effective date of this AD; or.
                                                                                --Within 12 months after the
                                                                                 effective date of this AD.
                                                                                Repetitively inspect thereafter
                                                                                 at intervals not to exceed 80
                                                                                 hours TIS.
II. Replace any cracked wing spar assembly. A crack indication in the filler    II. Prior to further flight       II. The applicable maintenance manual.
 strip is allowed if the direction of the crack is toward the outside edge of    after the required inspection
 the filler strip. If the direction of the crack is toward the inside of the     where the cracked wing spar
 filler strip or any crack is found in any other area, you must replace the      assembly is found.
 cracked wing spar assembly prior to further flight.

[[Page 26152]]

 
III. Submit a report to the FAA that describes the damage found on the wing     III. Within 10 days after the     III. Pages 58 through 60 of Raytheon
 spar. Use the chart on pages 58 through 60 of Raytheon Mandatory Service        initial inspection or within 10   Mandatory Service Bulletin No. SB 57-
 Bulletin No. SB 57-3329, Issued: February, Submit this report even if no        days after the effective date     3329, Issued: February, 2000.
 cracks are found.                                                               of the AD, whichever occurs
                                                                                 later.
IV. The flight and operating restrictions that were required by paragraph       IV. All actions required prior    IV. Not applicable.
 (d)(1) of this AD, as retained from AD 99-12-02, may be changed by              to further flight after the
 accomplishing the following:                                                    initial inspection provided the
Remove the placards, modifications, etc. required by paragraph (d)(1) of this    wing spar assembly is either
 AD, as retained from AD 99-12-02.                                               replaced, is crack free, or
                                                                                 only has a crack indication in
                                                                                 the filler strip where the
                                                                                 direction of the crack is
                                                                                 toward the outside of the
                                                                                 filler strip.
Fabricate two placards using letters of at least \1/10\-inch in height with
 each consisting of the following words: ``Never exceed speed, Vne-225 MPH
 (219 knots) IAS; Normal Acceleration (G) Limits -0, +5.''
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.
Modify the airspeed indicator glass by accomplishing the following:
1. Place a red radial line on the indicator glass at 225 miles per hour (mph)
 (219 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.
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 +5; and
2. A white slippage mark between each ``g'' meter glass and case to visually
 verify that the glass has not rotated.
Insert a copy of this AD into the Limitations Section of the AFM.
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    (e) Can I comply with this AD in any other way? (1) You may use 
an alternative method of compliance or adjust the compliance time 
if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Wichita Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Wichita ACO.
    (2) This AD applies to each aircraft 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 aircraft 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)(1) 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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.
    (3) Alternative methods of compliance approved in accordance 
with AD 99-12-02, which is superseded by this AD, are not approved 
as alternative methods of compliance with this AD.
    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Paul Nguyen, Aerospace 
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport 
Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 
946-4125; facsimile: (316) 946-4407.
    (g) What if I need to fly the aircraft to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your aircraft to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085. 
You may examine these documents at FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106.
    (i) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 99-12-02, Amendment 39-11193.

    Issued in Kansas City, Missouri, on April 27, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-11179 Filed 5-4-00; 8:45 am]
BILLING CODE 4910-13-P