AD 2004-25-51

This AD becomes effective on December 21, 2004, to all affected persons who did not receive emergency AD 2004-25-51, issued December 10, 2004. Emergency AD 2004-25-51 contained the requirements of this amendment and became effective immediately upon receipt.

We must receive any comments on this AD by January 31, 2005.

Use one of the following to submit comments on this AD:

• DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically.

• Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically.

• Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.

• Fax: 1-202-493-2251.

• Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

To view the comments to this AD, go to http://dms.dot.gov. The docket number is FAA-2004-19896.

Paul Nguyen, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4125; facsimile: (316) 946-4107; e-mail: paul.nguyen@faa.gov.

What events have caused this AD? On December 7, 2004, the left wing of a Raytheon Beech Model A45 (T-34A), serial number G-13, separated from the airplane in flight. The airplane, operated by Texas Air Aces, crashed near Montgomery, Texas. The wing was found about a quarter mile away from the crash site.

The left wing center section failed 4 inches inboard of the forward wing attach fitting. In addition, FAA investigation revealed further visual evidence of fatigue (found in other wing locations) not previously addressed by AD 2001-13-18 R1, which FAA issued as a result of an accident near Conroe, Texas.

A review of maintenance records shows that the accident airplane was in compliance with AD 2001-13-18 R1.

AD 2001-13-18 R1 requires compliance with Raytheon Service Bulletin SB57-3329 to inspect four locations per wing:

• Location (1)—9 fasteners at Wing Station (W.S.) 34 forward spar;

• Location (2)—the lower rear bathtub fitting;

• Location (3)—1 fastener at W.S. 64 forward spar; and

• Location (4)—2 fasteners at W.S. 66 rear spar.

The FAA approved four alternative methods of compliance (AMOCs) to AD 2001-13-18 R1 based on front spar replacement or modification and inspections of Location (2) and (4) of the rear spar.

On January 27, 2003, FAA issued emergency AD 2004-25-51 to require you to perform an inspection and/or modification program approved specifically for this AD by the FAA Wichita Aircraft Certification Office (ACO).

Why is it important to publish this AD? The FAA found that immediate corrective action was required, that notice and opportunity for prior public comment were impracticable and contrary to the public interest, and that good cause existed to make the AD effective immediately by individual letters issued on December 10, 2004, to all known U.S. operators of Raytheon Beech Models 45 (YT-34), A45 (T-34A, B-45), and D45 (T-34B) airplanes. These conditions still exist, and the AD is published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons.

Will I have the opportunity to comment before you issue the rule? This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include “Docket No. FAA-2004-19896; Directorate Identifier 2004-CE-44-AD” in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us through a nonwritten communication, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments.

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.

Will this AD impact various entities? We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

Will this AD involve a significant rule or regulatory action? For the reasons discussed above, I certify that this AD:

1. Is not a “significant regulatory action” under Executive Order 12866;

2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include “Docket No. FAA-2004-19896; Directorate Identifier 2004-CE-44-AD” in your request.

Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

1. The authority citation for part 39 continues to read as follows:

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