[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Rules and Regulations]
[Pages 1937-1939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-259]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23440; Directorate Identifier 2005-NM-256-AD; 
Amendment 39-14452; AD 2006-01-51]
RIN 2120-AA64


Airworthiness Directives; Frakes Aviation (Gulfstream American) 
Model G-73 (Mallard) Series Airplanes and Model G-73 Airplanes That 
Have Been Converted To Have Turbine Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (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) 2006-01-51 that was sent 
previously by individual notices to all known U.S. owners and operators 
of Frakes Aviation (Gulfstream American) Model G-73 (Mallard) series 
airplanes and Model G-73 airplanes that have been converted to have 
turbine engines. This AD requires an inspection to detect repairs, 
cracking, or corrosion of the wings from wing station (WS) 77L to WS 
77R, front spar to rear (main) spar; removal of repairs, if found; 
removal of sealant from the interior of the wet bays; and repair of any 
crack or corrosion. This AD results from a report indicating that the 
right wing of a Frakes Aviation (Gulfstream American) Model G-73 
(Mallard) airplane separated from the fuselage on takeoff, which 
resulted in the airplane impacting the water near Miami Beach, Florida. 
We are issuing this AD to prevent structural failure of the wing and 
loss of control of the airplane.

DATES: This AD becomes effective January 17, 2006 to all persons except 
those persons to whom it was made immediately effective by emergency AD 
2006-01-51, issued December 30, 2005, which contained the requirements 
of this amendment.
    We must receive comments on this AD by March 13, 2006.

ADDRESSES: Use one of the following addresses 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.
     Fax: (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.
    Docket: The AD docket contains the emergency AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-23440; the directorate 
identifier for this docket is 2005-NM-256-AD.

FOR FURTHER INFORMATION CONTACT: Robert A. Romero, Aerospace Engineer, 
ACO, ASW-150, Rotorcraft Directorate, FAA, 2601 Meacham Boulevard, Fort 
Worth, Texas 76137-4298; telephone (817) 222-5102; fax (817) 222-5960; 
or Hung V. Nguyen, Aerospace Engineer, ACO, ASW-150, Rotorcraft 
Directorate, FAA, 2601 Meacham Boulevard, Fort Worth, Texas 76137-4298; 
telephone (817) 222-5155; fax (817) 222-5960.

SUPPLEMENTARY INFORMATION: On December 30, 2005, we issued emergency AD 
2006-01-51, which applies to all Frakes Aviation (Gulfstream American) 
Model G-73 (Mallard) series airplanes and Model G-73 airplanes that 
have been converted to have turbine engines.

Background

    On December 19, 2005, the right wing of a Frakes Aviation 
(Gulfstream American) Model G-73 (Mallard) airplane separated from the 
fuselage on takeoff, which resulted in the airplane impacting the water 
near Miami Beach, Florida. The wing separated between the fuselage 
attachment and the engine attachment.
    This twin-engine airplane was manufactured in 1947. This particular 
airplane was operated in passenger service and in a salt-water 
environment. The airplane had accumulated over 31,000 total flight 
hours and over 39,000 total flight cycles. Although the cause of this 
accident has not yet been determined by the National Transportation 
Safety Board (NTSB), preliminary indications from the investigation 
reveal occurrences of fatigue cracking of a wing spar, skin cracking, 
and a broken z-stringer.
    The loss of the lower skin capability, or the spar and stringer 
capability, will likely lead to wing failure. This condition, if not 
corrected, could result in structural failure of the wing and loss of 
control of the airplane.

FAA's Determination and Requirements of This AD

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, we issued emergency AD 
2006-01-51 to prevent structural failure of the wing and loss of 
control of the airplane. The AD requires a detailed visual inspection 
to detect repairs, cracking, or corrosion of the wings from wing 
station (WS) 77L to WS 77R, front spar to rear (main) spar; removal of 
repairs, if found, to allow for inspection of the wing structure 
underneath the repairs; removal of sealant from the interior of the wet 
bays to allow for inspection of the skins, stringers, and both spars; 
and repair of any crack or corrosion. The inspection and repair are 
required to be done in accordance with a method approved by the FAA. 
The AD also requires sending the inspection results (both positive and 
negative) to the FAA.
    We found that immediate corrective action was required; therefore, 
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 notices 
issued on December 30, 2005, to all known U.S. owners and operators of 
Frakes Aviation (Gulfstream American) Model G-73 (Mallard) series 
airplanes and Model G-73 airplanes that have been converted to have 
turbine engines. 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 to 
all persons.

Additional Source of Service Information

    Operators should note that Frakes Aviation may be contacted as a 
source of preliminary service information as follows: Frakes Aviation, 
Cleburne

[[Page 1938]]

Airport, Route 3, Box 229-B, Cleburne, TX 76031; telephone (817) 556-
0700.

Interim Action

    This AD is considered to be interim action. The inspection reports 
that are required by this AD will enable the FAA to obtain better 
insight into the nature, cause, and extent of the cracking, and 
eventually to develop final action to address the unsafe condition. 
Frakes Aviation may be contacted as a source of preliminary service 
information as follows: Frakes Aviation, Cleburne Airport, Route 3, Box 
229-B, Cleburne, TX 76031; telephone (817) 556-0700.
    Frakes Aviation has advised the FAA that it is developing special 
detailed (i.e., non-destructive testing) inspection procedures that are 
expected to be available within 45 days. You may choose to comply with 
the interim action required by this AD if you must fly before the 
special detailed inspection becomes available. Otherwise, you may wait 
for the service information that is being developed by Frakes Aviation. 
Once that service information is available and approved, we anticipate 
superseding this AD to require compliance with that information.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
23440; Directorate Identifier 2005-NM-256-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
Web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

Authority for This Rulemaking

    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 
rulemaking action.

Regulatory Findings

    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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it 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 this 
emergency regulation is later deemed significant under DOT Regulatory 
Policies and Procedures, we will prepare a final regulatory evaluation 
and place it in the AD Docket. See the ADDRESSES section for a location 
to examine the regulatory evaluation, if filed.

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 FAA amends 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 adding the following new airworthiness 
directive (AD):

2006-01-51 Frakes Aviation (Gulfstream American): Amendment 39-
14452. Docket No. FAA-2005-23440; Directorate Identifier 2005-NM-
256-AD.

Effective Date

    (a) This AD becomes effective January 17, 2006, to all persons 
except those persons to whom it was made immediately effective by 
emergency AD 2006-01-51, issued on December 30, 2005, which 
contained the requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Frakes Aviation (Gulfstream American) 
Model G-73 (Mallard) series airplanes; and Model G-73 airplanes that 
have been converted to have turbine engines; certificated in any 
category.

Unsafe Condition

    (d) This AD results from a report indicating that the right wing 
of a Frakes Aviation (Gulfstream American) Model G-73 (Mallard) 
airplane separated from the fuselage on takeoff, which resulted in 
the airplane impacting the water near Miami Beach, Florida. Although 
the cause of this accident has not yet been determined by the 
National Transportation Safety Board (NTSB), preliminary indications 
from the investigation reveal occurrences of fatigue cracking of a 
wing spar, skin cracking, and a broken z-stringer. This condition, 
if not corrected, could result in structural failure of the wing and 
loss of control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection

    (f) Before further flight, perform a detailed visual inspection 
to detect repairs, cracking, or corrosion of the wings from wing 
station (WS) 77L to WS 77R, front spar to rear (main) spar; remove 
any repair that is found, to allow for inspection of the wing 
structure underneath the repairs; and remove the sealant from the 
interior of the wet bays to allow for inspection of the skins, 
stringers, and both spars. Perform the inspection in accordance with 
a method approved by the Manager, Airplane Certification Office 
(ACO), ASW-150, Rotorcraft Directorate, FAA.


    Note 1: For the purposes of this AD, a detailed visual 
inspection is: ``An intensive examination of a specific item, 
installation,

[[Page 1939]]

or assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Reporting

    (g) Before further flight, submit a report of the findings (both 
positive and negative) of the inspection required by paragraph (f) 
of this AD to Robert A. Romero, Aerospace Engineer, ACO, ASW-150, 
Rotorcraft Directorate, FAA; 2601 Meacham Boulevard, Fort Worth, 
Texas 76137-4298; fax (817) 222-5960. The report must include the 
inspection results, a description of any discrepancies found, the 
airplane serial number, and the number of total flight cycles and 
flight hours on the airplane. Under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Office of 
Management and Budget (OMB) has approved the information collection 
requirements contained in this AD and has assigned OMB Control 
Number 2120-0056.

Repair

    (h) If any cracking or corrosion is found during the inspection 
required by paragraph (f) of this AD, repair before further flight, 
in accordance with a method approved by the Manager, ACO, ASW-150, 
Rotorcraft Directorate, FAA.

Special Flight Permit

    (i) Special flight permits, as described in Section 21.197 
(``Special flight permits'') and Section 21.199 (``Issue of special 
flight permits'') of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), may be issued to operate the airplane to a location 
where the requirements of this AD can be accomplished but 
concurrence by the Manager, ACO, ASW-150, Rotorcraft Directorate, 
FAA, is required prior to issuance of the special flight permit.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, ACO, ASW-150, Rotorcraft Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (k) None.

    Issued in Renton, Washington, on January 5, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-259 Filed 1-11-06; 8:45 am]
BILLING CODE 4910-13-P