[Federal Register Volume 64, Number 107 (Friday, June 4, 1999)]
[Proposed Rules]
[Pages 29972-29975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14131]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-121-AD]
RIN 2120-AA64


Airworthiness Directives; American Champion Aircraft Corporation 
7, 8, and 11 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.


[[Page 29973]]


ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 98-05-04, which currently requires repetitively inspecting the 
front and rear wood spars for damage, including installing any 
necessary inspection holes, on certain American Champion Aircraft 
Corporation (ACAC) Model 8GCBC airplanes; and repairing or replacing 
any damaged wood spar. Damage is defined as cracks; compression cracks; 
longitudinal cracks through the bolt holes or nail holes; or loose or 
missing nails. The proposed AD would retain the actions of AD 98-05-04; 
would extend these actions to ACAC 7, 8, and 11 series airplanes; and 
would incorporate alternative methods of accomplishing the actions. The 
proposed AD is the result of a review of the service history of the 
affected airplanes that incorporate wood wing spars. The review was 
prompted by in-flight wing structural failures on ACAC Model 8GCBC 
airplanes, and revealed several incidents where damage was found on the 
front and rear wood spars on the affected airplanes. The actions 
specified by the proposed AD are intended to prevent possible 
compression cracks and other damage in the wood spar wing, which, if 
not detected and corrected, could eventually result in in-flight 
structural failure of the wing with consequent loss of the airplane.

DATES: Comments must be received on or before July 16, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-121-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 the American Champion Aircraft Corporation, P.O. Box 37, 32032 
Washington Avenue, Highway D, Rochester, Wisconsin 53167; internet 
address: ``www.amerchampionaircraft.com''. This information also may be 
examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. William Rohder, Aerospace 
Engineer, FAA, Chicago Aircraft Certification Office, 2300 E. Devon 
Avenue, Des Plaines, Illinois 60018; telephone: (847) 294-7697; 
facsimile: (847) 294-7834.

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. 98-CE-121-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. 98-CE-121-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    AD 98-05-04, Amendment 39-10365 (63 FR 10297, March 3, 1998), 
currently requires repetitively inspecting the front and rear wood 
spars for damage, including installing any necessary inspection holes; 
and repairing or replacing any damaged wood spar on certain ACAC Model 
8GCBC airplanes. Damage is defined as cracks; compression cracks; 
longitudinal cracks through the bolt holes or nail holes; or loose or 
missing nails.
    The FAA issued AD 98-05-04 as a result of a review of the service 
history of the affected airplanes that incorporate wood wing spars. The 
review was prompted by in-flight wing structural failures on ACAC Model 
8GCBC airplanes, and revealed several incidents where damage was found 
on the front and rear wood spars on the affected airplanes.
    In addition, the FAA issued a notice of proposed rulemaking (NPRM) 
(Docket No. 97-CE-79-AD) on October 27, 1997, that, if followed by a 
final rule, would have required the same actions as AD 98-05-04 on all 
ACAC 7, 8, and 11 series airplanes (excluding the Model 8GCBC 
airplanes). This NPRM was published in the Federal Register as a notice 
of proposed rulemaking (NPRM) on November 3, 1997 (62 FR 59310).
    Numerous comments were received on the NPRM (Docket No. 97-CE-79-
AD). Many of these comments proposed that the FAA combine the actions 
of the NPRM and AD 98-05-04 into one AD that would affect all ACAC 7, 
8, and 11 series airplanes and incorporate recommended alternative 
methods for complying with the actions.

Relevant Service Information

    ACAC Service Letter C-139, dated January 28, 1980, includes 
procedures for inspecting the wing rib/spar attachment and leading edge 
support block nails of the ACAC 7, 8, and 11 series airplanes.
    In addition, ACAC has issued other service information, as follows:

--Service Letter 406, Revision A, dated May 6, 1998, which includes 
alternative methods of compliance to the actions required by AD 98-05-
04 and proposed in Docket No. 97-CE-79-AD; and
--Service Letter 417, Revision C, dated May 6, 1998, which includes 
procedures for installing fabric patches instead of inspection hole 
covers.

The FAA's Determination

    After examining all information related to the NPRM (Docket No. 97-
CE-79-AD) and AD 98-05-04, the FAA has determined that:

--The NPRM (Docket No. 97-CE-79-AD) should be withdrawn;
--AD 98-05-04 should be superseded with a new AD that would combine the 
actions of that AD and Docket No. 97-CE-79-AD, and incorporate 
recommended alternative methods for complying with those actions; and
--AD action should be taken on all ACAC 7, 8, and 11 series airplanes 
to prevent possible compression cracks and other damage in the wood 
spar wing, which, if not detected and corrected, could eventually 
result in in-flight structural failure of the wing with consequent loss 
of the airplane.

[[Page 29974]]

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other ACAC 7, 8, and 11 series airplanes of the 
same type design, the FAA is proposing AD action to supersede AD 98-05-
04. The proposed AD would retain the actions of AD 98-05-04; would 
extend these actions to all ACAC 7, 8, and 11 series airplanes; and 
would incorporate alternative methods of accomplishing the actions. The 
inspections specified by the proposed AD would be accomplished in 
accordance with ACAC Service Letter 406, Revision A, dated May 6, 1998.
    The FAA is withdrawing the NPRM (Docket No. 97-CE-79-AD) in a 
separate action. A full disposition of the comments on the NPRM may be 
found in that document.

Compliance Time of the Proposed AD

    The compliance time of the proposed AD is presented in calendar 
time and hours time-in-service (TIS). Although the unsafe condition 
specified in the proposed AD is a result of airplane operation, 
operators of the affected airplanes utilize their airplanes in 
different ways.
    For example, an operator may utilize his/her airplane 50 hours TIS 
in a year while utilizing the aircraft in no or very little crop 
dusting operations, banner or glider tow operations, or rough field or 
float operations. This airplane would obviously have a lower crack 
propagation rate than an airplane operated 300 hours TIS a year in 
frequent crop dusting operations, banner or glider tow operations, or 
rough field or float operations. However, either airplane could have 
pre-existing and undetected wood spar damage that occurred during 
previous operations. In this situation, the damage to the wood spar 
would propagate at a rate that depends on the operational exposure of 
the airplane and severity of the initial wood spar damage.
    The FAA is proposing repetitive inspection compliance times that 
would coincide with the owner's/operator's annual inspection program. 
This should have the least impact upon operators because the costs of 
having the airplane out of service can be absorbed with regularly 
scheduled down-time.
    To assure that compression cracks do not go undetected in the wood 
spars of the affected airplanes, the FAA has determined that the 
following compliance times should be used:

    1. The proposed initial inspection at the first annual 
inspection that occurs 30 calendar days or more after the effective 
date of the AD or within 13 calendar months after the effective date 
of the AD, whichever occurs first; and
    2. The proposed repetitive inspections thereafter at intervals 
not to exceed 12 calendar months or 500 hours TIS, whichever occurs 
first.

Cost Impact

    Though the proposed AD would not require installing additional 
inspection holes/covers, the following cost analysis is based on the 
presumption that 11 additional inspection holes/covers per wing would 
be required to complete a thorough inspection in accordance with ACAC 
Service Letter 406, Revision A, dated May 6, 1998. These inspection 
holes/covers may not be required, which would reduce the proposed cost 
impact upon U.S. operators of the affected airplanes.
    The FAA estimates that 6,701 airplanes in the U.S. registry would 
be affected by the proposed AD, that it would take approximately 6 
workhours (Installations: 5 workhours; Initial Inspection: 1 workhour) 
per airplane to accomplish the proposed action, and that the average 
labor rate is approximately $60 an hour. Parts cost approximately $292 
per airplane, provided that each airplane would only need 11 additional 
standard inspection hole covers per wing bottom surface (total of 22 
new covers per airplane). If the airplane would require the 
installation of more inspection covers (i.e., a result of previous non-
factory wing recover work), the cost could be slightly higher.
    Based on these figures, the total cost impact of the proposed AD on 
U.S. operators is estimated to be $4,369,052, or $652 per airplane.
    These cost figures are based on the presumption that no affected 
Model 8GCBC airplane owner/operator has accomplished the installations 
or the initial inspection as currently required by AD 98-05-04, and do 
not account for repetitive inspections. The FAA has no way of 
determining the number of repetitive inspections each owner/operator of 
the affected airplanes will incur over the life of his/her airplane. 
However, each proposed repetitive inspection would cost substantially 
less than the initial inspection because the cost of the initial 
proposed inspection hole and cover installations would not be 
repetitive. The inspection covers allow easy access for the inspection 
of the wood spars, and the proposed compliance time would enable the 
owners/operators of the affected airplanes to accomplish the repetitive 
inspections at regularly scheduled annual inspections.

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 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 14 
CFR part 39 of the Federal Aviation Regulations 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) 98-05-04, Amendment 39-10365 (63 FR 10297, March 3, 1998), and by 
adding a new AD to read as follows:

American Champion Aircraft Company: Docket No. 98-CE-121-AD; 
Supersedes AD 98-05-04, Amendment 39-10365.

    Applicability: The following airplane models, all serial 
numbers, certificated in any category, that are equipped with wood 
wing spars:

7AC
7BCM (L-16A)
7DC
S7EC
7GC

[[Page 29975]]

7GCB
7HC
7KCAB
11AC
S11BC
7ACA
7CCM (L-16B)
S7DC
7ECA
7GCA
7GCBA
7JC
8GCBC
S11AC
11CC
S7AC
S7CCM
7EC
7FC
7GCAA
7GCBC
7KC
8KCAB
11BC
S11CC

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, repaired, or reconfigured in the area subject to 
the requirements of this AD. For airplanes that have been modified, 
altered, repaired, or reconfigured 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 (g) 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, unless 
already accomplished.
    To prevent possible compression cracks and other damage in the 
wood spar wing, which, if not detected and corrected, could 
eventually result in in-flight structural failure of the wing with 
consequent loss of the airplane, accomplish the following:
    (a) Initial Inspection With Possible Repair or Replacement: 
Inspect and repair or replace the wood wing spars, as follows:
    (1) At the first annual inspection that occurs 30 calendar days 
or more after the effective date of this AD or within the next 13 
calendar months after the effective date of this AD, whichever 
occurs first, inspect (detailed visual) both the front and rear wood 
wing spars for cracks; compression cracks; longitudinal cracks 
through the bolt holes or nail holes; and loose or missing rib nails 
(referred to as damage hereafter). Accomplish these inspections in 
accordance with American Champion Aircraft Corporation (ACAC), 
Service Letter 406, Revision A, dated May 6, 1998. This service 
bulletin specifies using a high intensity flexible light (for 
example a ``Bend-A-Light''). A regular flashlight and mirrors may 
not be used for this inspection.
    (2) If any spar damage is found, prior to further flight, repair 
or replace the wood wing spar in accordance with Advisory Circular 
(AC) 43.13-1B, Acceptable Methods, Techniques and Practices; or 
other data that is approved by the FAA for wing spar repair or 
replacement.
    (b) Repetitive Inspections: Accomplish the inspection, repair, 
replacement, and installation required by paragraphs (a)(1) and 
(a)(2) of this AD within 12 calendar months or 500 hours TIS 
(whichever occurs first) after these initial actions, and thereafter 
at intervals not to exceed 12 calendar months or 500 hours TIS, 
whichever occurs first.
    (c) Additional Inspection Requirements After Accident/Incident: 
If, after the effective date of this AD, any of the affected 
airplanes are involved in an incident/accident that involves wing 
damage (e.g., surface deformations such as abrasions, gouges, 
scratches, or dents, etc.), prior to further flight after that 
incident/accident, accomplish the inspection and repair or 
replacement required by paragraphs (a)(1) and (a)(2) of this AD, as 
applicable.
    (d) Reporting Requirements: Within 30 days after any wing damage 
is found per the requirements of this AD, submit a Malfunction or 
Defect Report (M or D), FAA Form 8010-4, which describes the damage; 
and send a copy of this report to the Manager, Chicago Aircraft 
Certification Office (ACO), 2300 E. Devon Avenue, Des Plaines, 
Illinois 60018; facsimile: (847) 294-7834. Include the airplane 
model and serial number, the extent of the damage (location and 
type), and the number of total hours TIS on the damaged wing. 
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.
    (e) Alternatives to the AD: ACAC Service Letter 406, Revision A, 
and ACAC Service Letter 417, Revision C, both dated May 6, 1998, 
specify additional inspection and installation alternatives over 
that included in the original issue of these service letters. All 
inspection and installation alternatives presented in these service 
letters are acceptable for accomplishing the applicable actions of 
this AD.
    (f) Special Flight Permits: 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.
    (g) Alternative Methods of Compliance: 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, Chicago ACO, 2300 E. Devon Avenue, Des Plaines, 
Illinois 60018.
    (1) The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Chicago ACO.
    (2) Alternative methods of compliance approved in accordance 
with AD 98-05-04 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 Chicago ACO.

    (h) Availability of Service Information: All persons affected by 
this directive may obtain copies of the documents referred to herein 
upon request to the American Champion Aircraft Corporation, P.O. Box 
37, 32032 Washington Avenue, Highway D, Rochester, Wisconsin 53167; 
internet address: ``www.amerchampionaircraft.com''; or may examine 
these documents at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
    (i) Other AD's Affected: This amendment supersedes AD 98-05-04, 
Amendment 39-10365.

    Issued in Kansas City, Missouri, on May 26, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-14131 Filed 6-3-99; 8:45 am]
BILLING CODE 4910-13-P