[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Rules and Regulations]
[Pages 35936-35938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17294]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-CE-101-AD; Amendment 39-9690; AD 96-09-08 R1]
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 revises Airworthiness Directive (AD) 96-09-08,
which currently requires inspecting the longerons aft of the rear
cabane struts for cracks, and if cracked, prior to further flight,
repairing the cracks. The current AD is applicable to Aviat Aircraft
Inc. (Aviat), Models S-2A, S-2B, and S-2S airplanes (formerly Pitts
Models S-2A, S-2B, and S-2S airplanes). This action requires the same
action as AD 96-09-08; however, after AD 96-09-08 was issued, the FAA
was notified by the manufacturer that the compliance time in the
service bulletin was changed, and as a result, the issue date for the
service bulletin was changed. This revision will ensure that the owner
and operators are using the most up-to-date service bulletin applicable
to the required actions in this AD. 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 July 26, 1996.
The original Aviat Service Bulletin No. 24, dated February 8, 1996
was incorporated by reference and approved by the Director of the
Federal Register to become effective May 20, 1996 (61 FR 19540, May 2,
1996). The incorporation by reference of Aviat Service Bulletin No. 24,
dated March 20, 1996 that is applicable to this revised AD and listed
in the regulations is approved by the Director of the Federal Register
as of July 26, 1996.
Comments for inclusion in the Rules Docket must be received on or
before August 30, 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. 1240, 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: Airworthiness Directive 96-09-08, Amendment
39-9584, (61 FR 19540, May 2, 1996) 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) and currently requires inspecting the
longerons around the rear cabane struts for cracks, and if no cracks
are found, continue repetitively inspecting the airplane. If cracks are
found during any inspection, prior to further flight, repair any cracks
found according to the approved repair scheme provided by the Denver
ACO manager.
Accomplishment of the actions of AD 96-09-08 is required in
accordance with Aviat Aircraft Inc. Service Bulletin (SB) No. 24, dated
February 8, 1996, which has been revised and replaced by Aviat SB No.
24, dated March 20, 1996.
[[Page 35937]]
Explanation of the Need for the Revision
The service bulletin incorporated into AD 96-09-08 contains
identical requirements as this revised AD, except for the change in the
date to March 20, 1996 and the change to the compliance time.
The FAA determined that the revised service bulletin should be
incorporated because the previous service bulletin dated February 8,
1996 was not made available to the owners and operators by the
manufacturer until after the service bulletin was changed. The FAA
cannot determine if some of the owners/operators of the affected
airplanes may have already complied with AD 96-09-08 in accordance with
Aviat SB No. 24, dated February 8, 1996.
Since the service bulletin must be available in order for the
owners/operators to comply with this action, this AD revises AD 96-09-
08 by (1) retaining the initial inspection, the repetitive inspection,
and repair required by AD 96-09-08; and (2) incorporating the revised
service bulletin to require accomplishment of the actions in accordance
with Aviat SB No. 24, dated March 20, 1996.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make AD 96-09-08 effective in less than 30 days to all known
U.S. operators of Aviat Models S-2A, S-2B, and S-2S airplanes. These
conditions still exist, and the AD revision 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. The actions are to be done in accordance with the instructions
in Aviat SB No. 24, dated March 20, 1996.
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 commenters 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.
Regulatory Impact
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 and 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.
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, Amendment 39-9584, (61 FR 19540, May 2, 1996), is
revised to read as follows:
96-09-08 R1. Aviat Aircraft Inc.: Amendment 39-9690; Docket No. 95-
CE-101-AD R1. Revises AD 96-09-08, Amendment 39- 9584.
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 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 airplane from the applicability of this AD.
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 in accordance with AD 96-09-08,
effective date May 20, 1996 and corresponding Aviat Service Bulletin
(SB) No. 24, dated February 8, 1996.
Note 2: The compliance time of this revised AD takes precedence
over the compliance time stated in Aviat SB No. 24, dated March 20,
1996.
To prevent cracking and subsequent failure of the longerons
resulting in possible 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 March
20, 1996. If cracks are found during any inspection required by this
AD, prior to further flight, contact the Manager of the Denver
Aircraft Certification Office (ACO) for an approved repair scheme.
(b) Prior to further flight, repair any cracks found in
accordance with the approved
[[Page 35938]]
repair scheme provided by the Denver 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) 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, Roger Caldwell,
Project Engineer, 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 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Denver Aircraft Certification Office.
(e) The inspections and repairs required by this AD shall be
done in accordance with Aviat Aircraft Inc. Service Bulletin No. 24,
dated March 20, 1996, or in accordance with Aviat Aircraft Inc.
Service Bulletin No. 24, dated February 8, 1996, previously
incorporated by reference in the Federal Register (61 FR 19540, May
2, 1996) and applicable to AD 96-09-08. 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.
(f) This amendment (39-9690) revises AD 96-09-08, Amendment 39-
9584.
(g) This amendment (39-9690) becomes effective on July 26, 1996.
Issued in Kansas City, Missouri, on June 25, 1996.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-17294 Filed 7-8-96; 8:45 am]
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