[Federal Register Volume 62, Number 159 (Monday, August 18, 1997)]
[Rules and Regulations]
[Pages 43926-43930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21788]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-65-AD; Amendment 39-10105; AD 97-17-03]
RIN 2120-AA64


Airworthiness Directives; Ayres Corporation S2R Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 97-13-
11, which currently requires inspecting the \1/4\-inch and \5/16\-inch 
bolt hole areas on the lower spar caps for fatigue cracking on Ayres 
S2R series airplanes, and replacing any lower spar cap if fatigue 
cracking is found. That AD resulted from an accident on an Ayres S2R 
series airplane where the wing separated from the airplane in flight. 
AD 97-13-11 incorrectly references the Ayres Model S2R-R1340 airplanes 
as Model S2R-1340R. This AD requires the same actions as AD 97-13-11, 
but corrects the designation of the Model S2R-R1340 airplanes. The 
actions specified by this AD are intended to detect fatigue cracking of 
the lower spar caps, which, if not corrected, could result in the wing 
separating from the airplane with

[[Page 43927]]

consequent loss of control of the airplane.

DATES: Effective September 5, 1997.

    The incorporation by reference of certain publications listed in 
the regulations was previously approved by the Director of the Federal 
Register as of July 10, 1997 (62 FR 36978).
    Comments for inclusion in the Rules Docket must be received on or 
before October 17, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 97-CE-65-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
the Ayres Corporation, P.O. Box 3090, One Rockwell Avenue, Albany, 
Georgia 31706-3090. This information may also be examined at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Assistant Chief Counsel, Attention: Rules Docket 97-CE-65-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: Cindy Lorenzen, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, Campus Building, 1701 
Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748; 
telephone (404) 305-7357; facsimile (404) 305-7348.

SUPPLEMENTARY INFORMATION:

Discussion

    AD 97-13-11, Amendment 39-10071 (62 FR 36978, July 10, 1997), 
currently requires the following on Ayres S2R series airplanes: 
inspecting the \1/4\-inch and \5/16\-inch bolt hole areas on the lower 
spar caps for fatigue cracking, and replacing any lower spar cap if 
fatigue cracking is found. Accomplishment of the inspection is in 
accordance with Ayres Service Bulletin No. SB-AG-39, dated September 
17, 1996. This inspection utilizes magnetic particle procedures and 
must follow American Society for Testing Materials (ASTM) E1444-94A, 
using wet particles meeting the requirements of the Society for 
Automotive Engineers (SAE) AMS 3046. This inspection is to be 
accomplished by a Level 2 or Level 3 inspector certified using the 
guidelines established by the American Society for Nondestructive 
Testing or MIL-STD-410.
    That AD resulted from an accident on an Ayres S2R series airplane 
where the wing separated from the airplane in flight. Investigation of 
all resources available to the FAA shows nine occurrences of fatigue 
cracking in the lower spar caps of Ayres S2R airplanes, specifically 
emanating from the \1/4\-inch and \5/16\-inch bolt holes. Although the 
investigation of the above-referenced accident is not complete, the FAA 
believes that the cause can be attributed to fatigue cracks emanating 
from the \1/4\-inch and \5/16\-inch bolt holes in the left lower spar 
cap.
    Data accumulated by the FAA indicates that the fatigue cracks on 
these Ayres S2R series airplanes become detectable at different times 
based upon the type of engines and design of the airplane. With this in 
mind, the FAA has categorized these airplanes into three groups:

--Group 1 airplanes have steel spar caps with aluminum webs. These 
airplanes are capable of carrying heavier loads and data indicates that 
inspections in the affected areas of the lower spar caps should begin 
upon the accumulation of 2,700 hours time-in-service (TIS);
--Group 2 airplanes have steel spar caps with steel webs. Because of 
the steel webs as opposed to aluminum, data indicates that inspections 
in the affected areas of the lower spar caps should begin upon the 
accumulation of 4,300 hours TIS; and
--Group 3 airplanes, which are the ones manufactured first, have steel 
spars with aluminum webs and low horsepower radial engines, and thus do 
not have the ability to carry as much weight as airplanes in the other 
two groups. Data indicates that inspections in the affected areas of 
the lower spar caps should begin upon the accumulation of 9,000 hours 
TIS.

    Manufacture of the affected airplanes began in 1965 with the 
airplanes incorporating the lower horsepower radial engines. Many of 
the airplane models referenced in this AD are still currently in 
production. These airplanes are used in agricultural operations and 
average 500 hours TIS annually. With this in mind, some of the earlier 
manufactured airplanes could have as many as 16,000 hours total TIS.

Actions Since Issuance of the Previous Rule

    Since issuance of AD 97-13-11, the FAA realizes that it 
inadvertently referenced Ayres Model S2R-R1340 airplanes as Model S2R-
1340R airplanes. Although the FAA believes that most affected operators 
will realize the intent of this airplane model designation, a few may 
either choose not to comply because legally they are not required to or 
they may not realize that the intent was to include the Model S2R-R1340 
airplanes in the Applicability of AD 97-13-11.

The FAA's Determination

    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 detect fatigue 
cracking of the lower spar caps, which, if not corrected, could result 
in the wing separating from the airplane with consequent loss of 
control of the airplane.

Explanation of the Provisions of This AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Ayres S2R airplanes of the same type design, 
this AD supersedes AD 97-13-11 with a new AD. This AD retains the 
requirements from AD 97-13-11 of inspecting the \1/4\-inch and \5/16\-
inch bolt hole areas on the lower spar caps for fatigue cracking, and 
replacing any lower spar cap where fatigue cracking is found; and 
changes the designation of the Ayres Model S2R-1340R airplanes to Ayres 
Model S2R-R1340 airplanes. Accomplishment of the inspection continues 
to be in accordance with Ayres Service Bulletin No. SB-AG-39, dated 
September 17, 1996. This inspection utilizes magnetic particle 
procedures and must follow American Society for Testing Materials 
(ASTM) E1444-94A, using wet particles meeting the requirements of the 
Society for Automotive Engineers (SAE) AMS 3046. This inspection is to 
be accomplished by a Level 2 or Level 3 inspector certified using the 
guidelines established by the American Society for Nondestructive 
Testing or MIL-STD-410.

Determination of the Effective Date of the AD

    Since a situation exists (possible wing separation from the 
airplane) 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

[[Page 43928]]

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. 97-CE-65-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 (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 is amended by removing AD 97-13-11, Amendment 39-
10071 (62 FR 36978, July 10, 1997), and by adding a new airworthiness 
directive (AD) to read as follows:

97-17-03  Ayres Corporation: Amendment 39-10105; Docket No. 97-CE-
65-AD. Supersedes AD 97-13-11; Amendment 39-10071.

    Applicability: Airplanes with the following model and serial 
number designations with or without a -DC suffix, certificated in 
any category:

                                                Group 1 Airplanes                                               
----------------------------------------------------------------------------------------------------------------
                 Model                                                 Serial Nos.                              
----------------------------------------------------------------------------------------------------------------
S-2R...................................  5000R through 5099R.                                                   
S2R-R1340..............................  R1340-011, R1340-012, R1340-019, R1340-020, R1340-024, R1340-025, and  
                                          R1340-027.                                                            
S2R-R1820..............................  R1820-001 through 1820-035.                                            
S2R-T34................................  6000R through 6049R, T34-001 through T34-143, T34-145, T34-147 through 
                                          T34-167, T34-171, T34-180, and T34-181.\1\                            
S2R-T15................................  T15-001 through T15-033.\2\                                            
S2R-T11................................  T11-001 through T11-005.                                               
S2R-G1.................................  G1-101 through G1-108.                                                 
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\1\ The serial numbers of the Model S2R-T34 airplanes could incorporate T34-xxx, T36-xxx, T41-xxx, or T42-xxx.  
  This AD applies to all of these serial number designations as they are all Model S2R-T34 airplanes.           
\2\ The serial numbers of the Model S2R-T15 airplanes could incorporate T15-xx and T27-xx. This AD applies to   
  both of these serial number designations as they are both Model S2R-T15 airplanes.                            


                                                Group 2 Airplanes                                               
----------------------------------------------------------------------------------------------------------------
                 Model                                                 Serial Nos.                              
----------------------------------------------------------------------------------------------------------------
S2R-R1340..............................  R1340-028 through R1340-035.                                           
S2R-R1820..............................  R1820-036.                                                             
S2R-T65................................  T65-001 through T65-017.                                               
S2RHG-T65..............................  T65-002 through T65-017.                                               
S2R-T34................................  T34-144, T34-146, T34-168, T34-169, T34-172 through T34-179, and T34-  
                                          189 through T34-226.\1\                                               
S2R-T45................................  T45-001 through T45-014.                                               
S2R-G6.................................  G6-101 through G6-146.                                                 
S2R-G10................................  G10-101 through G10-138.                                               

[[Page 43929]]

                                                                                                                
S2R-G5.................................  G5-101 through G5-105.                                                 
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\1\ The serial numbers of the Model S2R-T34 airplanes could incorporate T34-xxx, T36-xxx, T41-xxx, or T42-xxx.  
  This AD applies to all of these serial number designations as they are all Model S2R-T34 airplanes.           


                                              Group 3 Airplanes \1\                                             
----------------------------------------------------------------------------------------------------------------
                 Model                                                 Serial Nos.                              
----------------------------------------------------------------------------------------------------------------
600 S2D................................  All serial numbers beginning with 600-1311D.                           
S-2R...................................  1380R and 1416R through 4999R.                                         
S2R-R1340..............................  R1340-001 through R1340-010, R1340-013 through R1340-018, R1340-021    
                                          through R1340-023, and R1340-026.                                     
S2R-R3S................................  R3S-001 through R3S-011.                                               
----------------------------------------------------------------------------------------------------------------
\1\ Any Group 3 airplane that has been modified with a hopper of a capacity over 400 gallons, a piston engine   
  greater than 600 horsepower, or any gas turbine engine makes the airplane a Group 1 airplane for the purposes 
  of this AD. The owner/operator must inspect the airplane at the Group 1 compliance time specified in the      
  Compliance section of this AD.                                                                                

    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: Inspections required as indicated below and any 
necessary replacement required prior to further flight as indicated 
in the body of this AD, unless already accomplished in accordance 
with AD 97-13-11 (superseded by this AD):

--Group 1 Airplanes: Required upon the accumulation of 2,700 hours 
time-in-service (TIS) on each lower spar cap or prior to further 
flight after the effective date of this AD, whichever occurs later.
--Group 2 Airplanes: Required upon the accumulation of 4,300 hours 
TIS on each lower spar cap or prior to further flight after the 
effective date of this AD, whichever occurs later.
--Group 3 Airplanes: Required upon the accumulation of 9,000 hours 
TIS on each lower spar cap or prior to further flight after the 
effective date of this AD, whichever occurs later.

    To detect fatigue cracking of the lower spar caps, which, if not 
corrected, could result in the wing separating from the airplane 
with consequent loss of control of the airplane, accomplish the 
following:
    (a) Inspect, using magnetic particle procedures, the \1/4\-inch 
and \5/16\-inch bolt hole areas on each lower spar cap for fatigue 
cracking. Accomplishment of the inspection is in accordance with 
Ayres Service Bulletin No. SB-AG-39, dated September 17, 1996.
    (1) The magnetic particle inspection must follow American 
Society for Testing Materials (ASTM) E1444-94A, using wet particles 
meeting the requirements of the Society for Automotive Engineers 
(SAE) AMS 3046.
    (2) This inspection is to be accomplished by a Level 2 or Level 
3 inspector certified using the guidelines established by the 
American Society for Nondestructive Testing or MIL-STD-410.
    (b) If any cracking is found during the inspection required by 
this AD, prior to further flight, replace the affected lower spar 
cap in accordance with the affected maintenance manual. Upon 
replacement, total hours TIS starts over for that particular lower 
spar cap. Use the compliance time specified in the Compliance 
section of this AD to determine when the inspection is required.
    (c) If any cracking is found during the inspection required by 
this AD, submit a report of inspection findings to the Manager, 
Atlanta Aircraft Certification Office (ACO), Campus Building, 1701 
Columbia Avenue, Suite 2-160, College Park, Georgia 30337-2748; 
facsimile (404) 305-7348; at the applicable time specified in 
paragraph (c)(1) or (c)(2) of this AD. The report must include a 
description of any cracking found, the airplane serial number, and 
the total number of flight hours on the lower spar cap found 
cracked. Information collection requirements contained in this 
regulation have been approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 
2120-0056.
    (1) For airplanes on which the inspection is accomplished after 
the effective date of this AD: Submit the report within 10 days 
after performing the inspection required by paragraph (a) of this 
AD.
    (2) For airplanes on which the inspection has been accomplished 
in accordance with AD 97-13-11 (superseded by this AD): Submit the 
report within 10 days after the effective date of this AD, unless 
already accomplished.
    (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 to 
accomplish the modification requirements of this AD provided the 
following is followed:
    (1) The hopper is empty.
    (2) Vne is reduced to 126 miles per hour (109 knots).
    (3) Flight into known turbulence is prohibited.
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Atlanta Aircraft Certification Office 
(ACO), Campus Building, 1701 Columbia Avenue, Suite 2-160, College 
Park, Georgia 30337-2748.
    (1) The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta ACO.
    (2) Alternative methods of compliance approved in accordance 
with AD 97-13-11 (superseded by this action) are considered approved 
as alternative methods of compliance with this AD.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (f) The inspection required by this AD shall be done in 
accordance with Ayres Service Bulletin No. SB-AG-39, dated September 
17, 1996. This incorporation by reference was previously approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51 as of July 10, 1997 (62 FR 36978). Copies 
may be obtained from the Ayres Corporation, P.O. Box 3090, One 
Rockwell Avenue, Albany, Georgia 31706-3090. 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 (39-10105) supersedes AD 97-13-11, Amendment 
39-10071.
    (h) This amendment (39-10105) becomes effective on September 5, 
1997.


[[Page 43930]]


    Issued in Kansas City, Missouri, on August 11, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-21788 Filed 8-15-97; 8:45 am]
BILLING CODE 4910-13-P