[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)] [Proposed Rules] [Pages 30658-30660] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-14906] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 96-CE-23-AD] RIN 2120-AA64 Airworthiness Directives; Aviat Aircraft, Inc. Models S-1S, S-1T, S-2, S-2A, S-2S, and S-2B Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document proposes to revise Airworthiness Directive (AD) 96-12-03 R1, which applies to Aviat Aircraft, Inc. (Aviat) Models S-1S, S-1T, S-2, S-2A, S-2S, and S-2B airplanes that are equipped with aft lower fuselage wing attach fittings incorporating part number (P/N) 76090, P/N 2-2107-1, or P/N 1-210-102. That AD currently requires repetitively inspecting the aft lower fuselage wing attach fitting on both wings for cracks, and modifying any cracked aft lower fuselage wing attach fitting. Modifying both aft lower fuselage wing attach fittings eliminates the repetitive inspection requirement of AD 96-12- 03. Aviat started incorporating modified aft lower fuselage wing attach fittings on newly manufactured airplanes beginning with serial number 5337, instead of 5349 as referenced in the existing AD. This proposed AD would retain the repetitive inspection and possible modification requirements of AD 96-12-03 R1, and would change the applicability accordingly. The actions specified by the proposed AD are intended to prevent possible in-flight separation of the wing from the airplane caused by a cracked fuselage wing attach fitting. [[Page 30659]] DATES: Comments must be received on or before July 30, 1998. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 96-CE-23-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted. Service information that applies to the proposed AD may be obtained from Aviat Aircraft, Inc., P.O. Box 1240, Afton, Wyoming 83110; telephone: (307) 886-3151; facsimile: (307) 886-9674. This information also may be examined at the Rules Docket at the address above. FOR FURTHER INFORMATION CONTACT: Mr. Roger Caldwell, Aerospace Engineer, FAA, Denver Aircraft Certification Office, 26805 E. 68th Avenue, Room 214, Denver, Colorado 80249; telephone: (303) 342-1086; facsimile: (303) 342-1088. SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to participate in the making of the proposed 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, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed 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 proposal 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. 96-CE-23-AD.'' The postcard will be date stamped and returned to the commenter. Availability of NPRMs Any person may obtain a copy of this NPRM by submitting a request to the FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 96-CE-23-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Discussion AD 96-12-03 R1, Amendment 39-10109 (62 FR 44535, ugust 22, 1997), currently requires the following on Aviat Models S-1S, S-1T, S-2, S-2A, S-2S, and S-2B airplanes that are equipped with aft lower fuselage wing attach fittings incorporating P/N 76090, P/N 2-2107-1, or P/N 1-210- 102: --repetitively inspecting the aft lower fuselage wing attach fitting on both wings for cracks; and --modifying any cracked aft lower fuselage wing attach fitting. Modifying both aft lower fuselage wing attach fittings eliminates the repetitive inspection requirement of AD 96-12-03. Accomplishment of the actions required by AD 96-12-03 R1 is in accordance with Aviat Service Bulletin (SB) No. 25, dated April 3, 1996, Revised November 12, 1996. AD 96-12-03 R1 replaced AD 96-12-03, Amendment 39-9645 (61 FR 28730, June 6, 1996), and incorporated an ending serial number of 5348 on the Aviat Model S-2B airplanes. AD 96-12-03 required the current actions on all serial numbers of the affected airplanes. Actions Since Issuance of Previous Rule Since issuance of AD 96-12-03 R1, Aviat has reported to the FAA that the ending serial number for the Model S-2B airplanes is incorrect. The correct serial number should be 5336 instead of 5348. Aviat has revised Service Bulletin No. 25 (dated April 3, 1996; Revised November 12, 1996; Revised November 11, 1997) to reflect this serial number change. The FAA's Determination After examining the circumstances and reviewing all available information related to the incidents described above, the FAA has determined that (1) the applicability in AD 96-12-03 R1 of the Aviat Model S-2B airplanes should be changed from an ending serial number of 5348 to 5336; and (2) AD action should be taken to continue to prevent possible in-flight separation of the wing from the airplane caused by a cracked fuselage wing attach fitting. Explanation of the Provisions of the Proposed AD Since an unsafe condition has been identified that is likely to exist or develop in other Aviat Models S-1S, S-1T, S-2, S-2A, S-2S, and S-2B airplanes of the same type design that are equipped with aft lower fuselage wing attach fittings incorporating P/N 76090, P/N 2-2107-1, or P/N1-210-102, the FAA is proposing AD action to revise AD 96-12-03 R1. The proposed AD would retain the repetitive inspection and possible modification requirements of AD 96-12-03 R1, and would change the applicability of the Model S-2B airplanes from an ending serial number of 5348 to an ending serial number of 5336. Cost Impact The FAA estimates that 500 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 2 workhours per airplane to accomplish the initial inspection, and that the average labor rate is approximately $60 an hour. Parts to accomplish the inspections cost approximately $100 per airplane. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $110,000. These figures do not take into account the cost of repetitive inspections. The FAA has no way of determining how many repetitive inspections each owner/operator may incur over the life of each airplane. AD 96-12-03 R1 currently requires the same actions on the affected airplanes as is proposed in this NPRM. The only difference between the proposed AD and AD 96-12-03 R1 is a change in the ending serial number of the Model S-2B airplanes. Therefore, the proposed AD has no additional cost impact over that already required by AD 96-12-03 R1. Regulatory Impact The regulations proposed herein would 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 proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that this action (1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory [[Page 30660]] Flexibility Act. A copy of the draft regulatory evaluation prepared for this action has been placed in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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. 106(g), 40113, 44701. Sec. 39.13 [Amended] 2. Section 39.13 is amended by removing Airworthiness Directive (AD) 96-12-03 R1, Amendment 39-10109 (62 FR 44535, August 22, 1997), and by adding a new AD to read as follows: Aviat Aircraft, Inc.: Docket No. 96-CE-23-AD; Revises AD 96-12-03 R1, Amendment 39-10109. Applicability: The following airplane models and serial numbers, certificated in any category, that are equipped with aft lower fuselage wing attach fittings incorporating part number (P/N) 76090, P/N 2-2107-1, or P/N 1-210-102, and where these aft lower fuselage wing attach fittings on both wings have not been modified in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of one of the following service bulletins (SB): Service Bulletins --Aviat SB No. 25, dated April 3, 1996, Revised November 12, 1996, Revised November 11, 1997; --Aviat SB No. 25, dated April 3, 1996, Revised November 12, 1996; or --Aviat SB No. 25, dated April 3, 1996. Airplanes Affected --Models S-1S, S-1T, S-2, S-2A, and S-2S airplanes, all serial numbers. --Model S-2B airplanes, serial numbers 5000 through 5336. 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 as indicated in the body of this AD. To prevent possible in-flight separation of the wing from the airplane caused by a cracked aft lower fuselage wing attach fitting, accomplish the following: (a) Within 50 hours time-in-service (TIS) after October 3, 1997 (the effective date of AD 96-12-03 R1), unless already accomplished (compliance with either AD 96-12-03 R1 or AD 96-12-03), and thereafter at intervals not to exceed 50 hours TIS, inspect the aft lower fuselage wing attach fitting on both wings for cracks. Accomplish these inspections in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of one of the following SB's: (1) Aviat SB No. 25, dated April 3, 1996, Revised November 12, 1996, Revised November 11, 1997; (2) Aviat SB No. 25, dated April 3, 1996, Revised November 12, 1996; or (3) Aviat SB No. 25, dated April 3, 1996. (b) If any cracked aft lower fuselage wing attach fitting is found during any inspection required by this AD, prior to further flight, modify the cracked aft lower fuselage wing attach fitting in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of one of the SB's referenced in paragraphs (a)(1), (a)(2), and (a)(3) of this AD. Repetitive inspections are no longer necessary on an aft lower fuselage wing attachment fitting that was found cracked and has the referenced modification incorporated. (c) Modifying the aft lower fuselage wing attach fitting on both wings in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of one of the SB's referenced in paragraphs (a)(1), (a)(2), and (a)(3) of this AD is considered terminating action for the repetitive inspection requirement of this AD. (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 requirements of this AD can be accomplished. (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, 26805 E. 68th Avenue, Room 214, Denver, Colorado 80249. (1) The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Denver ACO. (2) Alternative methods of compliance approved in accordance with AD 96-12-03 R1 or AD 96-12-03 are considered approved for this AD. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Denver ACO. (f) All persons affected by this directive may obtain copies of the document referred to herein upon request to Aviat Aircraft, Inc., P.O. Box 1240, Afton, Wyoming 83110; or may examine this document at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. (g) This amendment revises AD 96-12-03 R1, Amendment 39-10109. Issued in Kansas City, Missouri, on May 29, 1998. Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 98-14906 Filed 6-4-98; 8:45 am] BILLING CODE 4910-13-U