[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Rules and Regulations]
[Pages 75833-75835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27708]


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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: [email protected].

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            [email protected].
(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: [email protected].

    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