On December 30, 2005, we issued emergency AD 2006-01-51, which applies to all Frakes Aviation (Gulfstream American) Model G-73 (Mallard) series airplanes and Model G-73 airplanes that have been converted to have turbine engines.
Background
On December 19, 2005, the right wing of a Frakes Aviation (Gulfstream American) Model G-73 (Mallard) airplane separated from the fuselage on takeoff, which resulted in the airplane impacting the water near Miami Beach, Florida. The wing separated between the fuselage attachment and the engine attachment.
This twin-engine airplane was manufactured in 1947. This particular airplane was operated in passenger service and in a salt-water environment. The airplane had accumulated over 31,000 total flight hours and over 39,000 total flight cycles. Although the cause of this accident has not yet been determined by the National Transportation Safety Board (NTSB), preliminary indications from the investigation reveal occurrences of fatigue cracking of a wing spar, skin cracking, and a broken z-stringer.
The loss of the lower skin capability, or the spar and stringer capability, will likely lead to wing failure. This condition, if not corrected, could result in structural failure of the wing and loss of control of the airplane.
FAA's Determination and Requirements of This AD
Since the unsafe condition described is likely to exist or develop on other airplanes of the same type design, we issued emergency AD 2006-01-51 to prevent structural failure of the wing and loss of control of the airplane. The AD requires a detailed visual inspection to detect repairs, cracking, or corrosion of the wings from wing station (WS) 77L to WS 77R, front spar to rear (main) spar; removal of repairs, if found, to allow for inspection of the wing structure underneath the repairs; removal of sealant from the interior of the wet bays to allow for inspection of the skins, stringers, and both spars; and repair of any crack or corrosion. The inspection and repair are required to be done in accordance with a method approved by the FAA. The AD also requires sending the inspection results (both positive and negative) to the FAA.
We found that immediate corrective action was required; therefore, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual notices issued on December 30, 2005, to all known U.S. owners and operators of Frakes Aviation (Gulfstream American) Model G-73 (Mallard) series airplanes and Model G-73 airplanes that have been converted to have turbine engines. These conditions still exist, and the AD is hereby 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.
Additional Source of Service Information
Operators should note that Frakes Aviation may be contacted as a source of preliminary service information as follows: Frakes Aviation, Cleburne Airport, Route 3, Box 229-B, Cleburne, TX 76031; telephone (817) 556- 0700.
Interim Action
This AD is considered to be interim action. The inspection reports that are required by this AD will enable the FAA to obtain better insight into the nature, cause, and extent of the cracking, and eventually to develop final action to address the unsafe condition. Frakes Aviation may be contacted as a source of preliminary service information as follows: Frakes Aviation, Cleburne Airport, Route 3, Box 229-B, Cleburne, TX 76031; telephone (817) 556-0700.
Frakes Aviation has advised the FAA that it is developing special detailed (i.e., non-destructive testing) inspection procedures that are expected to be available within 45 days. You may choose to comply with the interim action required by this AD if you must fly before the special detailed inspection becomes available. Otherwise, you may wait for the service information that is being developed by Frakes Aviation. Once that service information is available and approved, we anticipate superseding this AD to require compliance with that information.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include "Docket No. FAA-2005- 23440; Directorate Identifier 2005-NM-256-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov , including any personalinformation you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket Web site, anyone can find and read the comments in 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.). You can review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.
Authority for This Rulemaking
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 rulemaking action.
Regulatory Findings
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.
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If this emergency regulation is later deemed significant under DOT Regulatory Policies and Procedures, we will prepare a final regulatory evaluation and place it in the AD Docket. See the ADDRESSES section for a location to examine the regulatory evaluation, if filed.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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):