[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Rules and Regulations]
[Pages 9526-9529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4372]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-09-AD; Amendment 39-13496; AD 2001-13-18 R1]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Corporation 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 revising Airworthiness Directive (AD) 2001-13-18, 
which applies to Raytheon Aircraft Corporation (Raytheon) Beech Models 
45 (YT-34), A45 (T-34A, B-45), and D45 (T-34B) airplanes. AD 2001-13-18 
currently requires you to repetitively inspect the wing spar assembly 
for cracks and replace 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 edge of the filler strip). 
AD 2001-13-18 also requires you to report the results of the initial 
inspection and maintain the flight and operating restrictions required 
by AD 99-12-02 until the initial inspection is done. We approved 
alternative methods of compliance (AMOCs) to AD 2001-13-18. We have 
since determined that those AMOCs do not address all critical areas in 
the wing spar assemblies and should no longer be valid. We are issuing 
this revision to AD 2001-13-18 for the purpose of eliminating the AMOCs 
to AD 2001-13-18. The actions of this AD are intended to prevent wing 
spar failure caused by fatigue cracks in the wing spar assemblies and 
ensure the operational safety of the above-referenced airplanes.

DATES: This AD becomes effective on March 15, 2004.
    On August 16, 2001 (66 FR 34802, July 2, 2001), the Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in the regulation.
    We must receive any comments on this AD by April 26, 2004.

ADDRESSES: Use one of the following to submit comments on this AD:
     By mail: FAA, Central Region, Office of the 
Regional Counsel,

[[Page 9527]]

Attention: Rules Docket No. 2000-CE-09-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.
     By fax: (816) 329-3771.
     By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2000-CE-09-AD'' in the subject 
line. If you send comments electronically as attached electronic files, 
the files must be formatted in Microsoft Word 97 for Windows or ASCII.
    You may get the service information identified in this AD from 
Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; 
telephone: (800) 625-7043 or (316) 676-4556.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2000-CE-09-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

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.

SUPPLEMENTARY INFORMATION:

Has FAA Taken Any Action to This Point?

    In-flight separation of the right wing on a Raytheon Beech Model 
A45 (T34A) airplane caused FAA to issue AD 99-12-02, Amendment 39-11193 
(64 FR 31689, June 14, 1999) against Raytheon Beech Models 45 (YT-34), 
A45 (T-34A, B-45), and D45 (T-34B) airplanes. 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.
    Those procedures were developed and FAA superseded AD 99-12-12 with 
AD 2001-13-18, Amendment 39-12300 (66 FR 34802, July 2, 2001). AD 2001-
13-18 contains the following provisions:

--Requires 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;
--Requires you to report the results of the initial inspection;
--Requires you to maintain the flight and operating restrictions that 
AD 99-12-02 currently requires until you do the initial inspection and 
possible replacement specified in this AD; and
--Allows 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.

    You are required to do the inspections of AD 2001-13-18 following 
the procedures of Raytheon Mandatory Service Bulletin No. SB 57-3329, 
Issued: February, 2000.

What Has Happened Since AD 2001-13-18 To Initiate This AD Action?

    In November 2003, a Raytheon Beech Model A45 (T34A) airplane 
crashed after the right wing failed at Wing Station (WS) 34 on the 
forward spar and WS 66.00 on the rear spar. AD 2001-13-18 was 
established to inspect the wing spar assemblies at four locations:
    1. Nine fasteners at the WS 34 forward spar.
    2. The lower rear bathtub fitting.
    3. One fastener at WS 64 on the forward spar.
    4. Two fasteners at WS 66.00 on the rear spar.
    The FAA has approved and issued different alternative methods of 
compliance (AMOCs) for the inspections of AD 2001-13-18. These AMOCs 
consist of a combination of modifications and inspections to address 
the condition.
    None of the AMOCs issued under AD 2001-13-18 address all four 
locations of the wing spar assemblies.

FAA's Determination and Requirements of This AD

What Has FAA Decided?

    We have evaluated all pertinent information including all 
information from the November 2003 accident and determined that the 
AMOCs approved under AD 2001-13-18 do not address all critical areas in 
the wing spar assemblies and should no longer be valid in order to 
prevent wing spar failure caused by fatigue cracks in the wing spar 
assemblies and ensure the operational safety of the above-referenced 
airplanes.
    Therefore, we have determined that AD 2001-13-18 should be revised 
for the purpose of eliminating the AMOCs to AD 2001-13-18.

What Does This AD Require?

    This AD revises AD 2001-13-18 by retaining all actions (including 
compliance times) of AD 2001-13-18, but not retaining the AMOCs 
approved through that AD. The requirements of the actual AD portion of 
AD 2001-13-18 will remain the same.
    In preparing this rule, we contacted type clubs and aircraft 
operators to get technical information and information on operational 
and economic impacts. We did not receive any information through these 
contacts. If received, we would have included a discussion of any 
information that may have influenced this action in the rulemaking 
docket.

How Does the Revision to 14 CFR Part 39 Affect This AD?

    On July 10, 2002, we published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we will not include it in 
future AD actions.

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 ``AD Docket No. 2000-CE-09-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.

[[Page 9528]]

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 
``AD Docket No. 2000-CE-09-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2001-13-18, Amendment 39-12300 (66 FR 34802, July 2, 2001), and by 
adding a new AD to read as follows:

2001-13-18 R1 Raytheon Aircraft Company: Amendment 39-13496; Docket 
No. 2000-CE-09-AD; Revises AD 2001-13-18, Amendment 39-12300.

When Does This AD Become Effective?

    (a) This AD becomes effective on March 15, 2004.

What Airplanes Are Affected by This AD?

    (b) This AD applies to 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?

    (c) We are issuing this AD to detect and correct cracks in the 
wing spar assemblies and ensure the operational safety of the above-
referenced airplanes.

What Must I Do To Address This Problem?

    (d) To address this problem, you must maintain the actions of AD 
99-12-02 that are outlined in paragraphs (d)(1), (d)(2), and (d)(3) 
of this AD, including all subparagraphs, until you accomplish the 
initial inspection required in paragraph (d)(5) of this AD 
(paragraphs (d)(1) through (d)(4) are actions retained from AD 99-
12-02, and paragraphs (d)(5) through (d)(7) are actions new to this 
AD):

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           Action                     When           In accordance with
------------------------------------------------------------------------
(1) Accomplish the following  All actions required  Not Applicable.
 placard requirements:         prior to further
                               flight after July
                               9, 1999 (the
                               effective date of
                               AD 99-12-02),
                               unless already
                               accomplished.
(i) 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.''
(ii) 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.
(iii) Insert a copy of this
 AD into the Limitations
 Section of the Airplane
 Flight Manual (AFM).
(2) Modify each airspeed      All actions required  Not Applicable.
 indicator glass by            within 10 hours      (i) Place a red
 accomplishing the             time-in-service       radial line on each
 following:                    (TIS) after July 9,   indicator glass at
                               1999 (the effective   175 miles per hour
                               date of AD 99-12-     (mph) (152 knots).
                               02), unless already
                               accomplished.
(ii) Place a white slippage
 index mark between each
 airspeed indicator glass
 and case to visually verify
 that the glass has not
 rotated.
(3) Mark the outside surface  All actions required  Not Applicable.
 of the ``g'' meters with      within 10 hours
 lines of approximately \1/    time-in-service
 16\-inch by \3/16\-inch, as   (TIS) after July 9,
 follows:                      1999 (the effective
                               date of AD 99-12-
                               02), unless already
                               accomplished.
(i) A red line at 0 and 2.5;
 and
(ii) A white slippage mark
 between each ``g'' meter
 glass and case to visually
 verify that the glass has
 not rotated.
(4) The actions required by   Upon accomplishment   Raytheon Aircraft
 paragraphs (d)(1), (d)(2),    of the initial        Mandatory Service
 and (d)(3) are no longer      inspection required   Bulletin No. SB 57-
 required after the initial    in paragraph (d)(5)   3329, Issued:
 inspection required in        of this AD, unless    February, 2000.
 paragraph (d)(5) of this AD   already
 is accomplished.              accomplished.

[[Page 9529]]

 
(5) Inspect the wing spar     Initially inspect     Raytheon Aircraft
 assemblies for cracks.        within the next 80    Mandatory Service
                               hours time-in-        Bulletin No. SB 57-
                               service (TIS) after   3329, Issued:
                               August 16, 2001       February, 2000.
                               (the effective date
                               of AD 2001-13-18)
                               or within 12 months
                               after August 16,
                               2001 (the effective
                               date of AD 2001-13-
                               18), whichever
                               occurs later,
                               unless already
                               accomplished.
                               Inspect thereafter
                               at intervals not to
                               exceed 80 hours TIS.
(6) Replace any cracked wing  Prior to further      The applicable
 spar assembly. A crack        flight after the      maintenance manual.
 indication in the filler      required inspection
 strip is allowed if the       where the cracked
 direction of the crack is     wing spar assembly
 toward the outside edge of    is found.
 the filler strip. If the
 direction of the crack is
 toward the inside edge of
 the filler strip or any
 crack is found in any other
 area, you must replace the
 cracked wing spar assembly.
(7) Submit a report to FAA    Within 10 days after  Pages 58 through 60
 that describes the damage     the initial           of Raytheon
 found on the wing spar. Use   inspection or         Aircraft Mandatory
 the chart on pages 58         within 10 days        Service Bulletin
 through 60 of Raytheon        after August 16,      No. SB 57-3329,
 Aircraft Mandatory Service    2001 (the effective   Issued: February,
 Bulletin No. SB 57-3329,      date of AD 2001-13-   2000.
 Issued: February, 2000.       18), whichever
                               occurs later,
                               unless already
                               accomplished.
(i) Submit this report even
 if no cracks are found.
(ii) Submit this report to
 FAA at the address found in
 paragraph (g) of this AD.
------------------------------------------------------------------------

Are Any Other ADs Affected by This Action?

    (e) This AD revises AD 2001-13-18, Amendment 39-12300.

What About Alternative Methods of Compliance?

    (f) As of March 15, 2004 (the effective date of this AD), all 
alternative methods of compliance approved under AD 2001-13-18 are 
not approved for this AD and are no longer valid. Any alternative 
method of compliance must reference ``AD 2001-13-18 R1'' in order to 
be valid.
    (g) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Wichita Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance for 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.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in Raytheon Aircraft Mandatory Service Bulletin No. SB 
57-3329, Issued: February, 2000. On August 16, 2001 (66 FR 34802, 
July 2, 2001), the Director of the Federal Register previously 
approved the incorporation by reference of this service bulletin in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a 
copy from Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 
67201-0085; telephone: (800) 625-7043 or (316) 676-4556. You may 
review copies at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

    Issued in Kansas City, Missouri, on February 23, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-4372 Filed 2-27-04; 8:45 am]
BILLING CODE 4910-13-P