Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Rules and Regulations 75833

TABLE 3.—BOMBARDIER ALERT SERVICE BULLETINS

For model— Bombardier alert 

service bulletin Dated Excluding 

CL–600–1A11 (CL–600) series airplanes ............................. A600–0729 October 14, 2004 .................. Appendix A 

CL–600–2A12 (CL–601) series airplanes and CL–600–

2B16 (CL–601–3A and –3R) series airplanes.

A601–0571 October 14, 2004 .................. Appendix A 

CL–600–2B16 (CL–604) series airplanes ............................. A604–27–026 October 14, 2004 .................. Appendix A 

Corrective Action 

(h) For any AOA transducer, P/N 600–

59154–5, that does not pass any linearity test 

as required by paragraph (g) of this AD: 

Before further flight, replace the affected 

AOA transducer with a serviceable 

transducer by accomplishing the applicable 

actions specified in the Accomplishment 

Instructions of the applicable Bombardier 

alert service bulletin listed in Table 3 of this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, New York Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

Related Information 

(j) Canadian airworthiness directive CF–

2004–22, dated October 22, 2004, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(k) You must use the Bombardier alert 

service bulletins and temporary revisions to 

the applicable Canadair Challenger airplane 

flight manuals specified in Table 4 of this 

AD, to perform the actions that are required 

by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approves the incorporation by 

reference of those documents in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. For 

copies of the service information, contact 

Bombardier, Inc., Canadair, Aerospace 

Group, P.O. Box 6087, Station Centre-ville, 

Montreal, Quebec H3C 3G9, Canada. You can 

review copies at the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street SW., Room PL–401, 

Nassif Building, Washington, DC; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

TABLE 4.—MATERIAL INCORPORATED BY REFERENCE

Bombardier document PSP Document date 

Alert Service Bulletin A600–0729, excluding Appendix A ...................................... None ...................................................... October 14, 2004 

Alert Service Bulletin A601–0571, excluding Appendix A ...................................... None ...................................................... October 14, 2004 

Alert Service Bulletin A604–27–026, excluding Appendix A .................................. None ...................................................... October 14, 2004 

Temporary Revision 600/20–2 ................................................................................ 600 (not stated in document) ................ October 15, 2004 

Temporary Revision 600–1/15–2 ............................................................................ 600–1 (not stated in document) ............ October 15, 2004 

Temporary Revision 601/12–2 ................................................................................ 601–1B–1 .............................................. October 15, 2004 

Temporary Revision 601/13–2 ................................................................................ 601–1A–1 .............................................. October 15, 2004 

Temporary Revision 601/17–2 ................................................................................ 601–1B .................................................. October 15, 2004 

Temporary Revision 601/22–2 ................................................................................ 601A–1–1 .............................................. October 15, 2004 

Temporary Revision 601/23–2 ................................................................................ 601A–1 .................................................. October 15, 2004 

Temporary Revision 601/25–2 ................................................................................ 601–1A–18 (not stated in document) .... October 15, 2004 

Temporary Revision 604/9–6 .................................................................................. 604–1 ..................................................... October 15, 2004 

Issued in Renton, Washington, on 

December 6, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27507 Filed 12–17–04; 8:45 am] 

BILLING CODE 4910–13–P

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. 

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. 

75834 Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Rules and Regulations 

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: 

paul.nguyen@faa.gov.

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 datestamp 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

■ 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

■ 1. The authority citation for part 39 

continues to read as follows:

Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Rules and Regulations 75835

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

§ 39.13 [Amended]

■ 2. The FAA amends § 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:

Actions Compliance 

(1) Perform an inspection and/or modification program approved specifically for this AD by the FAA Wichita Aircraft Certification Office 

(ACO).

Prior to further flight after December 21, 2004 (the effective date of this 

AD), except that this action was already required prior to further flight 

upon receipt for those who received emergency AD 2004–25–51. 

(2) To return/position the airplane to a home base, hangar, maintenance facility, etc., you may operate the airplane provided you follow 

the limitations in paragraph (f) of this AD.

You may operate the airplane up to 10 hours time-in-service (TIS) provided the flight(s) occur(s) no later than 30 days after December 21, 

2004, 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 for this AD. See paragraph (f) of 

this AD for restrictions.

Use the procedures in 14 CFR part 39 and the restrictions in paragraph (f) of this AD. 

(4) To help in the long-term airworthiness solution for the safety and 

continued airworthiness of these airplanes, FAA is requesting data 

from every owner/operator on the following on these airplanes: 

(i) Service/Repair History (cracked/fatigued structure); 

(ii) Maintenance Schedule; and 

(iii) Total Hours Time-In-Service (TIS). 

Send to 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: paul.nguyen@faa.gov.

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, MidContinent Airport, Wichita, Kansas 67209; 

telephone: (316) 946–4125; facsimile: (316) 

946–4107; e-mail: paul.nguyen@faa.gov.

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

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121

Operating Requirements: Domestic, 

Flag, and Supplemental Operations

CFR Correction 

In Title 14 of the Code of Federal 

Regulations, parts 60 to 139, revised as 

of January 1, 2004, on page 474, 

§ 121.385 is corrected by adding 

paragraph (d) to read as follows:

§ 121.385 Composition of flight crew.

* * * * *

(d) On each flight requiring a flight 

engineer at least one flight crewmember, 

other than the flight engineer, must be 

qualified to provide emergency 

performance of the flight engineer’s 

functions for the safe completion of the 

flight if the flight engineer becomes ill 

or is otherwise incapacitated. A pilot 

need not hold a flight engineer’s 

certificate to perform the flight 

engineer’s functions in such a situation.

[FR Doc. 04–55529 Filed 12–17–04; 8:45 am] 

BILLING CODE 1505–01–D

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 917

[KY–247–FOR] 

Kentucky Regulatory Program

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior.

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving an 

amendment to the Kentucky regulatory 

program (the ‘‘Kentucky program’’) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Kentucky proposes to revise its 

statutes regarding easements of 

necessity and submitted the amendment 

at its own initiative.

EFFECTIVE DATE: December 20, 2004.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Telephone: (859) 

260–8400. Telefax number: (859) 260–

8410.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Program 

II. Submission of the Proposed Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision