[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18841]


[[Page Unknown]]

[Federal Register: August 11, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 93-CE-27-AD; Amendment 39-8991; AD 94-16-02]

 

Airworthiness Directives: Luscombe Model 8 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes AD 79-25-05, which currently 
requires repetitively inspecting the existing aluminum vertical 
stabilizer forward attach fitting for cracks on Luscombe Model 8 series 
airplanes, and replacing any cracked parts. Steel fittings are now 
available that, when installed, will eliminate the need for repeated 
removal and inspection of the aluminum fitting, which could result in 
damage to the fastener holes. This action requires replacing the 
existing aluminum fitting with a steel vertical stabilizer forward 
attach fitting on Luscombe Model 8 series airplanes that have round-
tipped vertical stabilizer installations. The actions specified by this 
AD are intended to prevent failure of the vertical stabilizer as a 
result of a cracked fitting, which could result in loss of control of 
the airplane.

DATES: Effective September 19, 1994.
    The incorporation by reference of certain publications listed in 
the regulations as approved by the Director of the Federal Register as 
of September 19, 1994.

ADDRESSES: Service information that applies to this AD may be obtained 
from the Don Luscombe Aviation History Foundation, P.O. Box 63581, 
Phoenix, Arizona 85082; telephone (602) 693-4312. This information may 
also be examined at the Federal Aviation Administration (FAA), Central 
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:
Ms. Lirio Liu, Aerospace Engineer, Los Angeles Aircraft Certification 
Office, FAA, 3229 E. Spring Street, Long Beach, California 90806; 
telephone (310) 988-5229; facsimile (310) 988-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that would apply 
to Luscombe Model 8 series airplanes was published in the Federal 
Register on January 12, 1994 (59 FR 1676). The action proposed to 
supersede AD 79-25-05 with a new AD that would require replacing the 
existing aluminum vertical stabilizer forward attach fitting, P/N 28444 
or P/N 28453, with a steel fitting manufactured by the Univair Aircraft 
Corporation (P/N U28444) or FAA-approved equivalent part.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the four comments received from three different commenters.
    Two commenters propose including Luscombe part number (P/N) 28415 
in the list of vertical stabilizer attach fittings that should be 
replaced as specified in paragraph (a) of the proposal. The FAA concurs 
and has changed paragraph (a) of the AD to include this P/N as well as 
P/N 28444 and P/N 28453.
    These same two commenters request including Luscombe P/N 28455 as a 
replacement part for the vertical stabilizer attach fittings. This part 
has type design approval from the FAA, and the Don Luscombe Aviation 
History Foundation (DLAHF) holds a Parts Manufacturer Approval (PMA). 
The FAA concurs that this part should be referenced in the AD and has 
changed paragraph (a) of the AD to include the following:

    Replace the aluminum vertical stabilizer forward attach fitting, 
* * * with either Luscombe P/N 28455 manufactured by the DLAHF; a 
welded steel fitting manufactured by the Univair Aircraft 
Corporation, P/N U28444; or an FAA-approved equivalent part.

    Both of these commenters request replacing the installation 
instructions referenced as Figure 1 in the proposal with DLAHF Service 
Recommendation #1, dated November 28, 1993. The commenters state that 
this publication is basically identical to Figure 1. The FAA concurs 
that this action should be accomplished in accordance with DLAHF 
Service Recommendation #1, dated November 28, 1993, and has changed the 
AD accordingly.
    The third commenter recommends that the FAA more clearly state the 
Applicability of the proposal by only incorporating those Luscombe 
Model 8 series airplanes with round tip vertical stabilizers. This 
commenter states that all the applicable service difficulty history is 
based upon those stabilizers with round tips and there is no service 
difficulty history for those with square tips. The FAA concurs and has 
changed the Applicability statement of the AD to include: ``Model 8 
Series airplanes (all serial numbers) that have round-tipped vertical 
stabilizer installations, certificated in any category.''
    After careful review of all available information including the 
comments referenced above, the FAA has determined that air safety and 
the public interest require the adoption of the rule as proposed except 
for (1) the addition of the part numbers to the listing of the existing 
and replacement parts for the AD; (2) the incorporation of the DLAHF 
Service Recommendation #1, dated November 28, 1993, into the AD; (3) 
the Applicability change to the AD that limits the action to only those 
affected airplanes with round-tipped vertical stabilizer installations; 
and (4) minor editorial corrections. The FAA has determined that none 
of the AD modifications described above will change the meaning of the 
AD nor add any additional burden upon the public than was already 
proposed.
    The FAA estimates that 2,029 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 4 workhours per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $55 an hour. Parts cost approximately $121 per 
airplane. Based on these figures, the total cost impact of the AD on 
U.S. operators is estimated to be $1,097,689. This figure is based on 
the assumption that no affected operator has accomplished this action.
    The Univair Aircraft Corporation has informed the FAA that 194 
Luscombe P/N U-28444 tail fin fittings have been sold since 1984. Based 
on the assumption that each of these 194 fittings is installed on an 
affected airplane, the future cost impact estimate for this AD is 
reduced by $66,154 (4 hours labor  x  $55+$121 parts  x  194 airplanes) 
from $1,097,689 to $1,031,535.
    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A copy of the final evaluation prepared for this 
action is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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:

PART 39--AIRWORTHINESS DIRECTIVES

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

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing AD 79-25-05, Amendment 39-
3630, and by adding a new airworthiness directive to read as follows:

94-16-02 Luscombe: Amendment 39-8991; Docket No. 93-CE-27-AD. 
Supersedes AD 79-25-05, Amendment 39-3630.
    Applicability: Model 8 Series airplanes (all serial numbers) 
that have round-tipped vertical stabilizer installations, 
certificated in any category.
    Compliance: Required within the next 100 hours time-in-service 
after the effective date of this AD, unless already accomplished.
    To prevent failure of the vertical stabilizer as a result of a 
cracked fitting, which could result in loss of control of the 
airplane, accomplish the following:
    (a) Replace the aluminum vertical stabilizer forward attach 
fitting, Luscombe part number (P/N) 28415, P/N 28444, or P/N 28453, 
with either Luscombe P/N 28455 manufactured by the Don Luscombe 
Aviation History Foundation (DLAHF); a welded steel fitting 
manufactured by the Univair Aircraft Corporation, P/N U28444; or an 
FAA-approved equivalent part. Accomplish this replacement in 
accordance with the procedures included in DLAHF Service 
Recommendation #1, dated November 28, 1993.
    (b) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Los Angeles Aircraft Certification Office 
(ACO), 3229 E. Spring Street, Long Beach, California 90806. The 
request shall be forwarded through an appropriate FAA Maintenance 
Inspector, who may add comments and then send it to the Manager, Los 
Angeles ACO.

    Note: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (d) The replacement required by this AD shall be done in 
accordance with the Don Luscombe Aviation History Foundation Service 
Recommendation #1, dated November 28, 1993. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from the Don Luscombe Aviation History Foundation, P.O. Box 
63581, Phoenix, Arizona. Copies may be inspected at the FAA, Central 
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment (39-8991) supersedes AD 79-25-05, Amendment 
39-3630.
    (f) This amendment (39-8991) becomes effective on September 19, 
1994.

    Issued in Kansas City, Missouri, on July 26, 1994.
Barry D. Clements,
Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 94-18841 Filed 8-10-94; 8:45 am]
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