[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19540-19541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10477]




[[Page 19540]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-101-AD; Amendment 39-9584; AD 96-09-08]
RIN 2120-AA64


Airworthiness Directives; Aviat Aircraft Inc. Models S-2A, S-2B, 
and S-2S Airplanes (Formerly Pitts Models S-2A, S-2B, and S-2S 
Airplanes)

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Aviat Aircraft Inc., Models S-2A, S-2B, and S-2S 
airplanes (formerly Pitts Models S-2A, S-2B, and S-2S airplanes). This 
action requires inspecting the longerons aft of the rear cabane struts 
for cracks, and if cracked, prior to further flight, repairing the 
cracks. Reports of longeron failure caused by fatigue aft of the rear 
cabane struts prompted this action. The actions specified by this AD 
are intended to prevent cracking and subsequent failure of the 
longerons resulting in possible loss of control of the airplane.

DATES: Effective May 20, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 20, 1996.
    Comments for inclusion in the Rules Docket must be received on or 
before June 21, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 95-CE-101-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
Aviat Aircraft Inc., The Airport-Box No. 11240, 672 South Washington 
Street, Afton, Wyoming, 83110; telephone (307) 886-3151; facsimile 
(307) 886-9674. This information may also be examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Assistant 
Chief Counsel, Attention: Rules Docket 95-CE-101-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: Roger Caldwell, Project Engineer, FAA, 
Denver Aircraft Certification Office, 5440 Roslyn St., suite 133, 
Denver, Colorado, 80216; telephone (303) 286-5683; facsimile (303) 286-
5689.

SUPPLEMENTARY INFORMATION: The FAA has been notified that an unsafe 
condition may exist on Aviat Models S-2A, S-2B, and S-2S airplanes. The 
owners/operators of several of these airplanes have reported cracking 
and failure of the longerons aft of the rear cabane struts. One 
incident reported that the cracked longeron made it very difficult to 
control the airplane to a safe landing.
    Aviat has issued service bulletin (SB) No. 24, dated February 8, 
1996, which specifies inspecting for cracks and repairing any cracks 
found in the longerons aft of the rear cabane struts.
    After examining the circumstances and reviewing all available 
information related to the incidents described above, the FAA has 
determined that AD action should be taken in order to prevent cracking 
and subsequent failure of the longerons resulting in possible loss of 
control of the airplane.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other Aviat Models S-2A, S-2B, and S-2S airplanes 
of the same type design registered for operation in the United States, 
this AD requires:

--Inspecting the longerons around the rear cabane struts for cracks,
--If no cracks are found, repetitively inspecting, and
--If cracks are found during any inspection, prior to further flight, 
contact the Denver ACO manager for an approved repair scheme
--Repair any cracks found according to the approved repair scheme 
provided by the ACO manger

    The inspections are to be done in accordance with the instructions 
in the Aviat SB No. 24, dated February 8, 1996.
    Since a situation exists 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. 95-CE-101-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 19541]]

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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

96-09-08. Aviat Aircraft Inc.: Amendment 39-9584; Docket No. 95-CE-
101-AD.

    Applicability: Models S-2A, S-2B, and S-2S airplanes (formerly 
Pitts Models S-2A, S-2B, and S-2S 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 request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it. Compliance: Required at the accumulation of 300 hours 
total time-in-service (TIS), or within the next 25 hours TIS, 
whichever occurs later, and thereafter at intervals not to exceed 25 
hours TIS, unless already accomplished.

    To prevent cracking and subsequent failure of the longerons, 
which could result in loss of control of the airplane, accomplish 
the following:
    (a) Inspect (using a 10x magnifying glass) the longerons aft of 
the rear cabane struts for cracks in accordance with paragraphs 1.) 
through 5.) in the Aviat Service Bulletin (SB) No. 24, dated 
February 8, 1996. If cracks are found during any inspection required 
by this AD, prior to further flight, contact the Manager of the 
Denver ACO for an approved repair scheme.
    (b) Prior to further flight, repair any cracks found in 
accordance with the approved repair scheme provided by the ACO 
manager.
    (c) Report the results of the initial inspection to the Manager 
of the Denver Aircraft Certification Office (ACO), FAA, Denver 
Aircraft Certification Office, 5440 Roslyn St., suite 133, Denver, 
Colorado, 80216, within 10 days of the inspection. The information 
provided should include airplane model number, serial number, 
registration number, location of cracks found, number of cracks, and 
total TIS. Reporting requirements have been approved by the Office 
of Management and Budget and assigned OMB control number 2120-0056.
    (d) 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 inspection requirements of this AD can be accomplished, provided 
that aerobatic flying is prohibited.
    (e) An alternative method of compliance or adjustment of the 
initial or repetitive compliance times that provides an equivalent 
level of safety may be approved by the Manager, Denver Aircraft 
Certification Office, FAA, Denver Aircraft Certification Office, 
5440 Roslyn St., 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 
Aircraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Denver Aircraft Certification Office.

    (f) The inspections required by this AD shall be done in 
accordance with Aviat Aircraft Inc. Service Bulletin No. 24, dated 
February 8, 1996. 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 Aviat Aircraft 
Inc., The Airport-Box No. 1240, 672 South Washington Street, Afton, 
Wyoming, 83110. 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.
    (g) This amendment (39-9584) becomes effective on May 20, 1996.

    Issued in Kansas City, Missouri, on April 22, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-10477 Filed 5-1-96; 8:45 am]
BILLING CODE 4910-13-U