[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Rules and Regulations]
[Pages 13624-13626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6058]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-CE-05-AD; Amendment 39-9173; AD 94-18-04 R1]


Airworthiness Directives; Univair Aircraft Corporation Models 
Ercoupe 415-C, 415-CD, 415-D, 415-E, and 415-G, Forney F-1 and F-1A, 
Alon A-2 and A-2A, and Mooney M10 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment revises Airworthiness Directive (AD) 94-18-04, 
which currently requires the following on Univair Aircraft Corporation 
(Univair) Models Ercoupe 415-C, 415-CD, 415-D, 415-E, and 415-G, Forney 
F-1 and F-1A, Alon A-2 and A-2A, and Mooney M10 airplanes: installing 
inspection openings in the outer wing panels, inspecting (one-time) the 
wing outer panel structural components for corrosion, and repairing any 
corroded wing outer panel structural component. Several reports of 
corrosion in the outer wing panels of the affected airplanes prompted 
that AD. This action incorporates a revision to the service information 
to include procedures that the Federal Aviation Administration (FAA) 
has determined are necessary for installing future outer wing panel 
inspection openings. The actions [[Page 13625]] specified by this AD 
are intended to prevent wing damage caused by a corroded wing outer 
panel structural component, which, if not detected and corrected, could 
progress to the point of structural failure.

DATES: Effective March 24, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 24, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before May 19, 1995.

ADDRESSES: Submit comments in triplicate to the FAA, Central Region, 
Office of the Assistant Chief Counsel, Attention: Rules Docket 94-CE-
05-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
the Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 
80011; telephone (303) 375-8882; facsimile (303) 375-8888. This 
information may also be examined at the FAA, Central Region, Office of 
the Assistant Chief Counsel, Attention: Rules Docket No. 94-CE-05-AD, 
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: Mr. Roger P. Chudy, Aerospace 
Engineer, FAA, Denver Aircraft Certification Office, 5440 Roslyn 
Street, suite 133, Denver, Colorado 80216; telephone (303) 286-5684; 
facsimile (303) 286-5689.

SUPPLEMENTARY INFORMATION: AD 94-18-04, Amendment 39-9017 (59 FR 43727, 
September 25, 1994), currently requires the following on Univair Models 
Ercoupe 415-C, 415-CD, 415-D, 415-E, and 415-G, Forney F-1 and F-1A, 
Alon A-2 and A-2A, and Mooney M10 airplanes: installing inspection 
openings in the outer wing panels, inspecting (one-time) the wing outer 
panel structural components for corrosion, and repairing any corroded 
wing outer panel structural component. Accomplishment of these actions 
is in accordance with Univair Service Bulletin (SB) No. 29, Revision A, 
dated June 7, 1994.
    Since the FAA issued AD 94-18-04, Univair has revised SB No. 29 to 
the Revision B level. This SB revision changes the dimension of one of 
the openings to position it symmetrically between two ribs; and 
clarifies the dimensioning system utilized in placement of the 
inspection openings. Univair SB No. 29, Revision B, also presents a 
further discussion of the service difficulties encountered on the 
referenced subject and clarifies the intent of the preliminary 
inspection procedure that may be accomplished prior to the installation 
of the inspection openings.
    After examining the circumstances and reviewing all available 
information related to the incidents described above, the FAA has 
determined that (1) the procedures presented in Univair SB No. 29, 
Revision B, dated January 2, 1995, should be mandatory for future 
inspection opening installations; and (2) AD action should be taken in 
order to prevent wing damage caused by a corroded wing outer panel 
structural component, which, if not detected and corrected, could 
progress to the point of structural failure.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other Univair Models Ercoupe 415-C, 415-CD, 415-D, 
415-E, and 415-G, Forney F-1 and F-1A, Alon A-2 and A-2A, and Mooney 
M10 airplanes of the same type design, this AD revises AD 94-18-04, 
Amendment 39-9017, to require installing inspection openings in the 
outer wing panels, inspecting (one-time) the wing outer panel 
structural components for corrosion, and repairing any corroded wing 
outer panel structural component. The actions are required to be 
accomplished in accordance with the instructions in Univair SB No. 29, 
Revision B, dated January 2, 1995. No further action will be required 
by owners/operators who have successfully accomplished these actions in 
accordance with either Univair SB No. 29, dated January 27, 1994, or 
Univair SB No. 29, Revision A, dated June 7, 1994.
    Since a situation exists (the possibility of damaging the wing 
structure because of improper positioning of the inspection openings) 
that requires the immediate adoption of this regulation, it is found 
that notice and opportunity for public prior comment hereon are 
impracticable, and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified above. All communications 
received on or before the closing date for comments will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 94-CE-05-AD.'' The postcard will be date stamped and 
returned to the commenter.
    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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and 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 it is determined 
that this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket. [[Page 13626]] 

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 94-18-04, Amendment 39-
9017 (59 FR 43727, September 25, 1994), and by adding a new 
airworthiness directive to read as follows:

94-18-04  R1 Univair Aircraft Corporation: Amendment 39-9173; Docket 
No. 94-CE-05-AD. Revises AD 94-18-04, Amendment 39-9017.

    Applicability: Models Ercoupe 415-C, 415-CD, 415-D, 415-E, and 
415-G, Forney F-1 and F-1A, Alon A-2 and A-2A, and Mooney M10 
airplanes (all serial numbers), certificated in any category.

    Note 1: This AD applies to each airplane 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 airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (d) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition, or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any aircraft from the applicability of this AD.

    Compliance: Required within the next 12 calendar months after 
the effective date of this AD, unless already accomplished (See Note 
2).
    To prevent wing damage caused by a corroded wing outer panel 
structural component, which, if not detected and corrected, could 
progress to the point of structural failure, accomplish the 
following:
    (a) Install inspection openings in the outer wing panels and 
inspect the wing outer panel internal structural components for 
corrosion in accordance with the PROCEDURE section of Univair 
Service Bulletin (SB) No. 29, Revision B, dated January 2, 1995. 
Prior to further flight, repair any corroded wing outer panel 
internal structural component in accordance with the instructions 
contained in the above-referenced service information.

    Note 2: Complying with the original version of Univair SB No. 
29, dated January 27, 1994, or Univair SB No. 29, Revision A, dated 
June 7, 1994, is considered equivalent to the requirements of 
paragraph (a) of this AD, and is considered ``unless already 
accomplished'' for that portion of the AD.

    (b) Send the results of the inspection required by paragraph (a) 
of this AD to the Manager, Denver Aircraft Certification Office 
(ACO), 5440 Roslyn Street, suite 133, Denver, Colorado 80216. State 
whether corrosion was found, the location and extent of any 
corrosion found, and the total hours time-in- service of the 
component at the time the corrosion was found. (Reporting approved 
by the Office of Management and Budget under OMB no. 2120-0056.)
    (c) 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.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Denver ACO, 5440 Roslyn Street, suite 133, 
Denver, Colorado 80216. The request shall be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Denver ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Denver ACO.

    (e) The inspection and installation required by this AD shall be 
done in accordance with Univair Service Bulletin No. 29, Revision B, 
dated January 2, 1995. 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 Univair 
Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011. 
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.
    (f) This amendment (39-9173) revises AD 94-18-04, Amendment 39-
9017.
    (g) This amendment (39-9173) becomes effective on March 24, 
1995.

    Issued in Kansas City, Missouri, on March 6, 1995.
Barry D. Clements,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 95-6058 Filed 3-13-95; 8:45 am]
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