[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Rules and Regulations]
[Pages 49053-49055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23715]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-42-AD; Amendment 39-9763; AD 96-16-06]
RIN 2120-AA64


Airworthiness Directives; Weatherly Aviation Company, Inc., 
Models 620A and 620B Airplanes

AGENCY: Federal Aviation Administration, DOT

.ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 96-16-06, which was sent 
previously to all known U.S. owners and operators of certain Weatherly 
Aviation Company, Inc., (Weatherly) Models 620A and 620B airplanes. 
This AD requires inspecting all wing hinge pins, part number (P/N) 
40852-001, at the main wing-to-center section attachment (four per 
airplane) for depth of the threaded ends, length of the pin, and 
position of the pin; and replacing or repositioning any pin, as 
necessary. A report received by the Federal Aviation Administration of 
manufacturing deficiencies at the area of the main wing center section 
attachment prompted the AD. The actions specified by this AD are 
intended to prevent failure of the wing hinge pin, which could result 
in the wing separating from the fuselage.

DATES: Effective October 6, 1996, to all persons except those to whom 
it was made immediately effective by priority letter AD 96-16-06, 
issued July 26, 1996, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 6, 1996.
    Comments for inclusion in the Rules Docket must be received on or 
before November 18, 1996.

ADDRESSES: Submit comments in triplicate to the FAA, Central Region, 
Office of the Assistant Chief Counsel, Attention: Rules Docket 96-CE-
42-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
the Weatherly Aviation Company, Inc., 2100 Flightline Drive, suite 1, 
P.O. Box 68, Lincoln, California 95648. This information may also be 
examined at the Rules Docket at the address above, or at the Office of 
the Federal Register, 800 North Capitol Street NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. William Roberts, Aerospace 
Engineer, Los Angeles ACO, FAA, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (310) 627-5228.

SUPPLEMENTARY INFORMATION:

Events Leading to the AD

    The FAA received a report of manufacturing deficiencies on certain 
Weatherly Models 620A and 620B airplanes. In particular:

--the  wing  hinge  pins,  part  number (P/N) 40852-001, at the main 
wing spar wing-to-center section attachment could be too short and/or 
misaligned, which could result in the pins not properly securing the 
wing to the fuselage for ultimate airplane loads; and
--the threaded ends of the wing hinge pin retaining bolt holes could be 
drilled too deep, which could result in excessive stress load on the 
wing hinge pins with subsequent wing hinge pin failure.

Applicable Service Information

    Weatherly Aviation Company, Inc., has issued Service Note No. 15, 
dated July 17, 1996, which specifies procedures for inspecting the P/N 
40852-001 wing hinge pins for depth of the threaded ends, overall 
length, and pin position.

Explanation of the Provisions of This Action

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Weatherly Models 620A and 620B airplanes of 
the same type design that are equipped with at least one P/N 40852-001 
hinge pin from a manufacturing lot that could have the above-referenced 
quality control problems, the FAA issued priority letter AD 96-16-06 on 
July 26, 1996, to prevent failure of the wing hinge pin. The AD 
requires inspecting all wing hinge pins, P/N 40852-001, at the main 
wing-to-center section attachment (four per airplane) for depth of the 
threaded ends, length of the pin, and position of the pin; and 
replacing or repositioning any pin, as necessary. Accomplishment of the 
inspections is in accordance with the instructions in Weatherly 
Aviation Company, Inc., Service Note No. 15, dated July 17, 1996. The 
replacement or repositioning is accomplished in accordance with the 
applicable maintenance manual.
    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 the AD effective immediately by individual letters 
issued on July 26, 1996 to all known U.S. operators of the following 
Weatherly model and serial number airplanes:

------------------------------------------------------------------------
                   Model                             Serial Nos.        
------------------------------------------------------------------------
620A......................................  1520 through 1614.          
620B......................................  1616 through 1628.          
------------------------------------------------------------------------

    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 as to all 
persons.

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

[[Page 49054]]

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 rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-CE-42-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 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. A copy of it, if filed, may 
be obtained from 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 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:

96-16-06  Weatherly Aviation Company, Inc.: Amendment 39-9763; 
Docket No. 96-CE-42-AD.

    Applicability: The following model and serial number airplanes, 
certificated in any category, that are equipped with at least one 
part number (P/N) 40852-001 hinge pin:

------------------------------------------------------------------------
                   Model                             Serial Nos.        
------------------------------------------------------------------------
620A......................................  1520 through 1614.          
620B......................................  1616 through 1628.          
------------------------------------------------------------------------

    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 (d) 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 prior to further flight after the effective 
date of this AD, unless already accomplished, except to those 
operators receiving this action by priority letter issued July 26, 
1996, which made these actions effective immediately upon receipt.
    To prevent failure of the wing hinge pin, which could result in 
the wing separating from the fuselage, accomplish the following:
    (a) Inspect the wing hinge pins, P/N 40852-001, at the main spar 
wing-to-center section attachment (four per airplane) for the 
following in accordance with the instructions in Weatherly Aviation 
Company, Inc., Service Note No. 15, dated July 17, 1996:
    (1) Inspect for the depth of the threaded ends per figure 1 of 
Weatherly Aviation Company, Inc., Service Note No. 15, dated July 
17, 1996. If the depth exceeds .84 inches, prior to further flight, 
replace the pin in accordance with the applicable maintenance 
manual.
    (2) Inspect for the overall length per figure 1 of Weatherly 
Aviation Company, Inc., Service Note No. 15, dated July 17, 1996. If 
the length is less than 3.06 inches, prior to further flight, 
replace the pin in accordance with the applicable maintenance 
manual.
    (3) Inspect the position of the pin to ensure it is centered in 
the spar hinges. If the pin position is not centered in the spar 
hinges, prior to further flight, center the pin and tighten the cap 
retainer bolts evenly as specified in Weatherly Aviation Company, 
Inc., Service Note No. 15, dated July 17, 1996, and in accordance 
with the applicable maintenance manual.

    Note 2: Although not required by this AD, it is encouraged that 
all pins that require replacement be returned to the Weatherly 
Aviation Company, Inc., 2100 Flightline Drive, suite 1, P.O. Box 68, 
Lincoln, California 95648.

    (b) Send the results of the inspection required by paragraph (a) 
of this AD within 10 calendar days after the inspection to the 
Manager, Los Angeles Aircraft Certification Office (ACO), Attention: 
W. Roberts, FAA, 3960 Paramount Boulevard, Lakewood, California 
90712-4137. Include the airplane serial number, and the condition 
and number of hours time-in-service of each deficient wing hinge pin 
at the time of inspection. (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. The hopper must be 
empty during this flight.
    (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, Los Angeles ACO, at the address specified 
in paragraph (b) of this AD. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (e) The inspections required by this AD shall be done in 
accordance with Weatherly Aviation Company, Inc., Service Note No. 
15, dated July 17, 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 the 
Weatherly Aviation Company, Inc., 2100 Flightline Drive, suite 1, 
P.O. Box 68, Lincoln, California 95648. 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

[[Page 49055]]

Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
    (f) This amendment (39-9763) becomes effective on October 6, 
1996, to all persons except those persons to whom it was made 
immediately effective by priority letter AD 96-16-06, issued July 
26, 1996, which contained the requirements of this amendment.

    Issued in Kansas City, Missouri, on September 10, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-23715 Filed 9-17-96; 8:45 am]
BILLING CODE 4910-13-U