[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Proposed Rules]
[Pages 70555-70557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23055]


========================================================================
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.

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Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / 
Proposed Rules

[[Page 70555]]



DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21175; Directorate Identifier 2005-CE-24-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Models 58P 
and 58TC Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Raytheon Aircraft Company (Raytheon) Models 58P and 58TC 
airplanes used as a lead airplane by the United States Forest Service. 
This proposed AD would require you to insert a new supplement into the 
Limitations Section of the Pilot's Operating Handbook and Airplane 
Flight Manual (POH/AFM) that establishes new limits for the structural 
life of the airframe (wing, fuselage, empennage, or associated 
structure); and dispose of the life-limited airframe following 14 CFR 
43.10 when the limit of the structural life of the airframe is reached. 
This proposed AD results from Raytheon issuing a POH/AFM supplement 
that establishes the structural life limit of 4,500 hours time-in-
service (TIS) for the airframe (wing, fuselage, empennage, and 
associated structure) for any Models 58P and 58TC airplanes used as a 
lead airplane by the United States Forest Service; and FAA's 
determination that the structural life limit is necessary. We are 
issuing this proposed AD to prevent cumulative fatigue damage and 
fatigue cracking damage that would sufficiently reduce residual 
strength of the airframe and result in failure. Failure of the airframe 
(wing, fuselage, empennage, or associated structure) could lead to loss 
of control of the airplane.

DATES: We must receive any comments on this proposed AD by January 23, 
2006.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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 get the service information identified in this proposed AD, 
contact Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-
0085; telephone: (800) 429-5372 or (316) 676-3140.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
The docket number is FAA-2005-21175; Directorate Identifier 2005-CE-24-
AD.

FOR FURTHER INFORMATION CONTACT: Steven E. Potter, Aerospace Engineer, 
Wichita Aircraft Certification Office (ACO), FAA, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 946-
4107.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2005-21175; Directorate Identifier 2005-CE-24-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2005-21175; Directorate Identifier 2005-CE-
24-AD. You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed 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 this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern time), Monday through Friday, except Federal holidays. 
The Docket Office (telephone 1-800-647-5227) is located on the plaza 
level of the Department of Transportation NASSIF Building at the street 
address stated in ADDRESSES. You may also view the AD docket on the 
Internet at http://dms.dot.gov. The comments will be available in the 
AD docket shortly after the DMS receives them.

Discussion

    What events have caused this proposed AD? The type certificate of 
the Models 58P and 58TC airplanes establishes (in the Limitations 
Section of the FAA Approved Airplane Flight Manual) a structural life 
limit of 10,000 hours time-in-service (TIS). This life limit was 
established by using the standard and expected usage for normal twin-
engine usage envelopes and industry standard approaches for fatigue 
testing and analysis, structural fatigue analysis reports, ground 
structural

[[Page 70556]]

fatigue test reports, and flight test fatigue spectrum monitoring 
reports.
    The United States Forest Service (USFS) bought the 21 airplanes 
identified in this NPRM for use as lead airplanes for the forest 
firefighting mission. Operation in the lead airplane firefighting 
mission is a more severe usage than the normal usage of twin-engine 
aircraft.
    In October 2004, the USFS informed FAA that it was to dispose of 
these airplanes through the General Services Administration (GSA).
    In January 2005, Raytheon issued a supplement for the Limitations 
Section of the Pilot's Operating Handbook and Airplane Flight Manual 
(POH/AFM) that reduces the original type certification structural 
fatigue life limit to 4,500 hours TIS. The latest revisions of the 
analytical reports by Raytheon and USFS are dated July 1984.
    The FAA has determined that if flight operations continue beyond 
4,500 hours TIS, then the cumulative fatigue damage on these airplanes 
will reach a point at which fatigue cracking might occur. This damage 
will reduce residual strength and deplete all useful service life.
    Operation of these airplanes in a severe fatigue-loading spectrum 
accelerates the cumulative fatigue damage. This higher fatigue damage 
accumulation rate experienced by the USFS (operation in the lead 
airplane firefighting mission) is higher than normal usage and results 
in a shorter life limit. The severity of the usage by the USFS reduced 
the structural life limit.
    The Service Difficulty Reports (SDR) database indicates some wing 
skin cracking, pressure bulkhead cracking, and cracking in both the 
vertical and horizontal stabilizers. A significant number of these 
cracking occurrences were on the subject airplanes. We believe that the 
SDR database does not reflect all such occurrences on the subject 
airplanes.
    What is the potential impact if FAA took no action? Cumulative 
fatigue damage causing fatigue cracking damage would sufficiently 
reduce the residual strength of the airframe. Failure of the airframe 
(wing, fuselage, empennage, or associated structure) could lead to 
failure with a consequent loss of control of the airplane.
    Is there service information that applies to this subject? Raytheon 
has issued Beechcraft Model 58P/58PA and Model 58TC/58TCA Pilot's 
Operating Handbook and FAA Approved Airplane Flight Manual (POH/AFM) 
Supplement, part number (P/N) 102-590000-67, issued January 2005.
    This supplement affects Models 58P and 58TC airplanes used as a 
lead airplane by the USFS with these serial numbers: TJ-177, TJ-178, 
TJ-180, TJ-211, TJ-213, TJ-247, TJ-284, TJ-285, TJ-289, TJ-290, TJ-314, 
TJ-322, TJ-367, TJ-368, TJ-370, TJ-371, TJ-425, TJ-426, TJ-433, TJ-442, 
and TK-33.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have evaluated all pertinent information 
and identified an unsafe condition that is likely to exist or develop 
on other products of this same type design. For this reason, we are 
proposing AD action.
    What would this proposed AD require? This proposed AD would require 
you to:

--Insert the Raytheon Aircraft Company Beechcraft Model 58P/58PA and 
Model 58TC/58TCA POH/AFM Supplement, part number (P/N) 102-590000-67, 
issued January 2005, into the Limitations Section of the POH/AFM (P/N 
102-590000-41 or 106-590000-5). This limits the structural life of the 
airframe (wing, fuselage, empennage, and associated structure) to 4,500 
hours time-in-service (TIS); and
--Dispose of the life-limited airframe (wing, fuselage, empennage, and 
associated structure) following 14 CFR 43.10 when the limit (4,500 
hours TIS) of the structural life of the airframe is reached.

    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 21 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
incorporate the Raytheon Aircraft Company Beechcraft Model 58P/58PA and 
Model 58TC/58TCA POH/AFM Supplement into the POH/AFM:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 per hour = $65.............  Not applicable.................             $65           $1,365
----------------------------------------------------------------------------------------------------------------

    We estimate the cost to dispose of the life-limited airframe (wing, 
fuselage, empennage, and associated structure) following 14 CFR 43.10 
(when the limit of the structural life of the airframe is reached) to 
be the cost of each airplane.

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

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:

[[Page 70557]]

    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 proposed AD 
(and other information as included in the Regulatory Evaluation) 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-2005-21175; Directorate Identifier 2005-CE-24-AD'' in 
your request.

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 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Raytheon Aircraft Company: Docket No. FAA-2005-21175; Directorate 
Identifier 2005-CE-24-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by January 23, 2006.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Models 58P and 58TC airplanes, with the 
following serial numbers: TJ-177, TJ-178, TJ-180, TJ-211, TJ-213, 
TJ-247, TJ-284, TJ-285, TJ-289, TJ-290, TJ-314, TJ-322, TJ-367, TJ-
368, TJ-370, TJ-371, TJ-425, TJ-426, TJ-433, TJ-442, and TK-33, that 
are certificated in any category. These airplanes were utilized as 
lead airplanes by the United States Forest Service for firefighting 
missions.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of Raytheon issuing a Pilot's 
Operating Handbook and FAA Approved Airplane Flight Manual (POH/AFM) 
Supplement that establishes the structural life of 4,500 hours time-
in-service (TIS) for the airframe (wing, fuselage, empennage, and 
associated structure), and FAA's determination that the structural 
life is necessary. The actions specified in this AD are intended to 
prevent cumulative fatigue damage and fatigue cracking damage that 
would sufficiently reduce residual strength of the airframe and 
result in failure. Failure of the airframe (wing, fuselage, 
empennage, or associated structure) could lead to loss of control of 
the airplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Insert the Raytheon       Upon the              The owner/operator
 Aircraft Company Beechcraft   accumulation of       holding at least a
 Model 58P/58PA and Model      4,500 hours TIS on    private pilot
 58TC/58TCA Pilot's            the airframe (wing,   certificate as
 Operating Handbook and FAA    fuselage,             authorized by
 Approved Airplane Flight      empennage, or         section 43.7 of the
 Manual (POH/AFM)              associated            Federal Aviation
 Supplement, part number (P/   structure) or prior   Regulations (14 CFR
 N) 102-590000-67, issued      to further flight,    43.7) may modify
 January 2005, into the POH/   whichever occurs      the POH as
 AFM (P/N 102-590000-41 or     later, unless         specified in
 106-590000-5). The            already done.         paragraph (e)(1) of
 Limitations Section limits                          this AD. Make an
 the structural life of the                          entry into the
 airframe (wing, fuselage,                           aircraft records
 empennage, and associated                           showing compliance
 structure) to 4,500 hours                           with this portion
 time-in-service (TIS).                              of the AD following
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(2) Dispose of the life-      Upon the              Follow section 43.10
 limited airframe (wing,       accumulation of       of the Federal
 fuselage, empennage, and      4,500 hours TIS on    Aviation
 associated structure)         the airframe (wing,   Regulations (14 CFR
 following 14 CFR 43.10 when   fuselage,             43.10).
 the limit of the structural   empennage, or
 life of the airframe is       associated
 reached.                      structure) or prior
                               to further flight,
                               whichever occurs
                               later, unless
                               already done.
(3) Do not operate any        As of the effective   Not applicable.
 Models 58P and 58TC           date of this AD.
 airplanes (with any serial
 number noted in paragraph
 (c) of this AD0 upon the
 accumulation of 4,500 hours
 TIS on the airframe (wing,
 fuselage, empennage, or
 associated structure).
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Wichita Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact Steven E. 
Potter, Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, 
Wichita, Kansas 67209; telephone: (316) 946-4124; facsimile: (316) 
946-4107.

May I Get Copies of the Documents Referenced in This AD?

    (g) To get copies of the documents referenced in this AD, 
contact Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 
67201-0085; telephone: (800) 429-5372 or (316) 676-3140. To view the 
AD docket, go to the Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401, Washington, DC, or on the Internet at http://dms.dot.gov. The 
docket number is Docket No. FAA-2005-21175; Directorate Identifier 
2005-CE-24-AD.

    Issued in Kansas City, Missouri, on November 16, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23055 Filed 11-21-05; 8:45 am]
BILLING CODE 4910-13-P