[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Proposed Rules]
[Pages 41381-41384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16852]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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

[[Page 41381]]



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 
above-referenced 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:
    <bullet> Incorporating flight and operating limitations that 
restrict the airplanes to normal category operation and prohibit them 
from acrobatic and utility category operations;
    <bullet> Limiting the flight load factor to 0 to 2.5 G; and

[[Page 41382]]

    <bullet> 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:
    <bullet> Includes procedures for inspecting the forward (main) and 
aft (rear) wing spar assemblies of the above-referenced airplanes; and
    <bullet> 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:
    <bullet> 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;
    <bullet> Require you to report the results of the initial 
inspection;
    <bullet> 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
    <bullet> 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  x  $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  x  $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

[[Page 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.


Sec. 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-in-
                                                service (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)      Initially at          Raytheon Mandatory
 spar assemblies for cracks.   whichever occurs      Service Bulletin
                               first:                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  Prior to further      The applicable
 spar assembly. A crack        flight after the      maintenance manual.
 indication in the filler      required inspection
 strip is allowed if the       where the cracked
 direction of the crack is     wing spar assembly
 toward the outside edge of    is found.
 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.

[[Page 41384]]

 
(3) Submit a report to the    Within 10 days after  Pages 58 through 60
 FAA that describes the        the initial           of Raytheon
 damage found on the wing      inspection or         Mandatory Service
 spar. Use the chart on        within 10 days        Bulletin No. SB 57-
 pages 58 through 60 of        after the effective   3329, Issued:
 Raytheon Mandatory Service    date of the AD,       February, 2000
 Bulletin No. SB 57-3329,      whichever occurs
 Issued: February, 2000.       later.
  (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  All actions prior to  Not applicable.
 restrictions that required    further flight
 were required by paragraph    after the initial
 (d) of this AD, as retained   inspection provided
 from AD 99-12-02, may be      the wing spar
 changed by accomplishing      assembly is either
 the following:                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.
    (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]
BILLING CODE 4910-13-U