Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules 26149

Directives Branch, Division of

Administrative Services, Office of

Administration, telephone (301) 415–

7162.

SUPPLEMENTARY INFORMATION: On page

21673, in the first column, the

ADDRESSES section is removed because

the NRC is not soliciting public

comments and the denial is the final

NRC action on this petition for

rulemaking.

Dated at Rockville, Maryland, this 1st day

of May 2000.

For the Nuclear Regulatory Commission.

David L. Meyer,

Chief, Rules and Directives Branch, Division

of Administrative Services, Office of

Administration.

[FR Doc. 00–11244 Filed 5–4–00; 8:45 am]

BILLING CODE 7590–01–U

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).

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.

26150 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules

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 abovereferenced 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 × $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 × $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

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules 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.

§ 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:

Action When In accordance with

I. Placard requirements:

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) 1999 Limits ¥0, and +2.5; ACROBATIC 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).

I. All actions prior to further flight with

after July 9, 1999 (the effective date

of AD 99–12–02).

I. Not Applicable.

II. Modification requirements:

Modify the airspeed indicator glass by accomplishing the following:

1. Place a red radial line on the indicator glass at 175 miles per hour (mph)

(152 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.

II. All actions required within 10 hours

time-in-service (TIS) after July 9,

1999 (the effective date of AD 99–

12–02).

II. Not Applicable.

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.

(2) Actions New to this AD:

Action When In accordance with

I. Inspect the wing spar assemblies for cracks. I. Initially at whichever occurs first: ......

—Within 80 hours time-in-service (TIS)

after the effective date of this AD; or.

—Within 12 months after the effective

date of this AD.

I. Raytheon Mandatory Service Bulletin

No. SB 57–3329,

Issued: February,

2000.

Repetitively inspect thereafter at intervals not to exceed 80 hours TIS.

II. 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. If the direction of the crack is toward the inside of the filler strip or

any crack is found in any other area, you must replace the cracked wing

spar assembly prior to further flight.

II. Prior to further flight after the required inspection where the cracked

wing spar assembly is found.

II. The applicable

maintenance manual.

26152 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed Rules

Action When In accordance with

III. Submit a report to the FAA that describes the damage found on the wing

spar. Use the chart on pages 58 through 60 of Raytheon Mandatory Service

Bulletin No. SB 57–3329, Issued: February, Submit this report even if no

cracks are found.

III. Within 10 days after the initial inspection or within 10 days after the

effective date of the AD, whichever

occurs later.

III. Pages 58 through

60 of Raytheon

Mandatory Service

Bulletin No. SB 57–

3329, Issued: February, 2000.

IV. The flight and operating restrictions that were required by paragraph (d)(1)

of this AD, as retained from AD 99–12–02, may be changed by accomplishing the following:

Remove the placards, modifications, etc. required by paragraph (d)(1) of this

AD, as retained from AD 99–12–02.

IV. All actions required prior to further

flight after the initial inspection provided the wing spar assembly is either 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.

IV. Not applicable.

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.

(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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NE–29–AD]

RIN 2120–AA64

Airworthiness Directives; Pratt &

Whitney JT8D Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to Pratt