This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

41381

Vol. 65, No. 129

Wednesday, July 5, 2000

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

AGENCY: FAA, Department of

Transportation.

ACTION: Notice of proposed rulemaking

(NPRM); Extension of the comment

period.

SUMMARY: This document provides

additional time for the public to

comment on a proposal 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. AD 99–12–02 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. Several

comments received on the original

notice of proposed rulemaking (NPRM)

specify additional time to respond to the

proposed action. 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 abovereferenced airplanes.

DATES: The Federal Aviation

Adminstration (FAA) must receive any

comments on the proposed rule on or

before October 15, 2000. This is

extended from 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

41382 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Proposed Rules

• 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 happened since AD 99–12–02?

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.

Raytheon also issued Mandatory

Service Bulletin No. SB 57–3329,

Issued: February, 2000. The service

bulletin:

• Includes procedures for inspecting

the forward (main) and aft (rear) wing

spar assemblies of the above-referenced

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.

We then issued an NPRM that

proposed to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to Raytheon Beech Models 45

(YT–34), A45 (T–34A, B–45), and D45

(T–34B) airplanes. The NPRM proposed

to 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.

What has happened to cause FAA to

issue this document? We received

several requests on the NPRM for more

time to submit data on the proposed AD.

Based on the content of the comments

and the interest in the rule expressed by

various operators and other interested

parties, FAA has decided to extend the

comment period on this rule in order to

seek additional data. Therefore, the

comment period is extended

approximately 90 days and will close

October 15, 2000. The speed and

operating restrictions that AD 99–12–02

requires remain in effect during this

time so FAA has determined that

extending the comment period will not

impact aviation safety.

We are including preamble

information and the actual AD for the

reader’s convenience.

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

Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Proposed Rules 41383

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

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 that

are retained from AD 99–12–02? You must

continue to follow the requirements from AD

99–12–02 that are presented in this chart,

until you have accomplished the actions of

paragraph (e) of this AD:

Action When

(1) Placard requirements: All actions prior to further flight after July 9,

1999 (the effective date of AD 99–12–02).

(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) Modification requirements: All actions required within 10 hours time-inservice (TIS) after July 9, 1999 (the effective

date of AD 99–12–02).

(i) Modify the airspeed indicator glass by accomplishing the following:

(A) Place a red radial line on the indicator glass at 175 miles per hour (mph) (152

knots)..

(B) Place a white slippage index mark between the airspeed indicator glass and the

case to visually verify that the glass has not rotated.

(ii) Mark the outside surface of the ‘‘g’’ meters with lines of approximately 1⁄16-inch by 3⁄16-

inch, as follows:

(A) A red line at 0 and 2.5; AND

(B) A white slippage mark between each ‘‘g’’ meter glass and case to visually verify that

the glass has not rotated.

(e) What actions must I accomplish to address the safety issue presented in this AD?

Action When In accordance with

(1) Inspect the wing (i) spar assemblies for

cracks.

Initially at whichever occurs first: Raytheon Mandatory Service Bulletin No. SB

57–3329, Issued: February, 2000.

(A) Within 80 hours time-in-service (TIS) after

the effective date of this AD; OR

(B) Within 12 months after the effective date

of this AD.

(ii) Repetitively inspect thereafter at intervals

not to exceed 80 hours TIS.

(2) 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.

Prior to further flight after the required inspection where the cracked wing spar assembly

is found.

The applicable maintenance manual.

41384 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Proposed Rules

Action When In accordance with

(3) 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, 2000.

Within 10 days after the initial inspection or

within 10 days after the effective date of the

AD, whichever occurs later.

Pages 58 through 60 of Raytheon Mandatory

Service Bulletin No. SB 57–3329, Issued:

February, 2000

(i) Submit this report even if no cracks are

found.

(ii) Submit this report to the FAA at the address found in paragraph (g) of this AD.

(4) The flight and operating restrictions that required were required by paragraph (d) of this

AD, as retained from AD 99–12–02, may be

changed by accomplishing the following:

All actions 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.

Not applicable.

(i) Remove the placards, modifications, etc.

required by paragraph (d) of this AD, as

retained from AD 99–12–02.

(ii) 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.’’

(iii) 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.

(iv) Modify the airspeed indicator glass by

accomplishing the following:

(A) Place a red radial line on the indicator glass at 225 miles per hour

(mph) (219 knots).

(B) Place a white slippage index mark

between the airspeed indicator glass

and the case to visually verify that the

glass has not rotated.

(v) Mark the outside surface of the ‘‘g’’ meters with lines of approximately 1/16-inch

by 3⁄16-inch, as follows:

(A) A red line at 0 and +5; AND

(B) A white slippage mark between each

‘‘g’’ meter glass and case to visually

verify that the glass has not rotated.

(vi) Insert a copy of this AD into the Limitations Section of the AFM.

(f) 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) 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.

Note: 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 (f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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 June

28, 2000.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–16852 Filed 7–3–00; 8:45 am]

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