[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Rules and Regulations]
[Pages 34941-34942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13444]



[[Page 34941]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-81-AD; Amendment 39-11752; AD 2000-11-04]
RIN 2120-AA64


Airworthiness Directives; Commander Aircraft Company Model 114TC 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Commander Aircraft Company (Commander) Model 114TC 
airplanes. This AD requires you to replace the existing Aeroquip V-band 
exhaust clamp with a new clamp of improved design. This AD is the 
result of reports of this clamp failing on 4 of the affected airplanes. 
This clamp attaches the exhaust stack to the turbocharger. The actions 
specified in this AD are intended to prevent the exhaust stack from 
detaching from the turbocharger due to failure of the V-band exhaust 
clamp. This could result in the release of high temperature gases 
inside the engine compartment with a consequent airplane cabin fire.

DATES: This AD becomes effective on June 23, 2000.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of June 
23, 2000.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before July 28, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 99-CE-81-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
    You may get the service information referenced in this AD from the 
Commander Aircraft Company, Wiley Post Airport Hangar 8, 7200 NW 63rd 
Street, Bethany, Oklahoma 73008; telephone: (405) 495-8080; facsimile: 
(405) 495-8383. You may examine this information at FAA, Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 99-
CE-81-AD, 901 Locust, Room 506, 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: Alma Ramirez-Hodge, Aerospace 
Engineer, Airplane Certification Office, FAA, 2601 Meacham Boulevard, 
Fort Worth, Texas 76137; telephone: (817) 222-5147; facsimile: (817) 
222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The FAA has received four reports 
of failure of the Aeroquip V-band exhaust clamp (Aeroquip part number 
00624-55677-340M or Lycoming alternate part number 40D21162-340M) on 
Commander Aircraft Company Model 114TC airplanes. The V-band exhaust 
clamp attaches the exhaust stack to the turbocharger.
    What are the consequences if the condition is not corrected? The 
exhaust stack detaching from the turbocharger could result in the 
release of high temperature gases inside the engine compartment with a 
consequent airplane cabin fire.

Relevant Service Information

    Is there service information that applies to this subject? 
Commander Aircraft Company has issued Service Bulletin No. SB-114-33A, 
dated May 9, 2000.
    What are the provisions of this service bulletin? The service 
bulletin includes procedures for replacing the Aeroquip V-band exhaust 
clamp (Aeroquip part number 00624-55677-340M or Lycoming alternate part 
number 40D21162-340M) with a part of improved design (Aeroquip part 
number NH1009399-10).

The FAA's Determination and an Explanation of the Provisions of the 
AD

    What has FAA decided? After examining the circumstances and 
reviewing all available information related to the incidents described 
above, including the relevant service information, FAA has determined 
that:

--The above-referenced unsafe condition exists or could develop on 
other Commander Model 114TC airplanes of the same type design;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to prevent the exhaust stack from 
detaching from the turbocharger due to failure of the V-band exhaust 
clamp. This could result in the release of high temperature gases 
inside the engine compartment with a consequent airplane cabin fire.

    What does this AD require? This AD requires you to accomplish the 
actions in Commander Aircraft Company Service Bulletin No. SB-114-33A, 
dated May 9, 2000.
    Will I have the opportunity to comment prior to the issuance of the 
rule? Because the unsafe condition described in this document could 
result in the release of high temperature gases inside the engine 
compartment, FAA finds that notice and opportunity for public prior 
comment are impracticable. Therefore, 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 and was not 
preceded by notice and opportunity for public comment, FAA invites 
comments on this rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ADDRESSES. The FAA will consider all comments received on or 
before the closing date. We may amend this rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of the AD action 
and determining whether we need to take additional rulemaking action.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may examine all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of this 
AD.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 99-CE-81-AD.'' We will date stamp and mail the 
postcard back to you.

[[Page 34942]]

Regulatory Impact

    These regulations will not have a substantial direct effect 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, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.
    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, under 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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. FAA amends Section 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

2000-11-04  Commander Aircraft Company: Amendment 39-11752; Docket 
No. 99-CE-81-AD.
    (a) What airplanes are affected by this AD? Model 114TC 
airplanes, serial numbers 20001 through 20027, certificated in any 
category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register must comply with 
this AD.
    (c) What problem does this AD address? The actions required by 
this AD are intended to prevent the exhaust stack from detaching 
from the turbocharger due to failure of the V-band exhaust clamp. 
This could result in the release of high temperature gases inside 
the engine compartment with a consequent airplane cabin fire.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
             Action                 Compliance time       Procedures
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(1) Replace the Aeroquip V-band   Accomplish this     Perform this
 exhaust clamp (Aeroquip part      action within the   action in
 number 00624-55677-340M or        next 25 hours       accordance with
 Lycoming alternate part number    time-in-service     the
 40D21162-340M) with a part of     after June 23,      ACCOMPLISHMENT
 improved design (Aeroquip part    2000 (the           INSTRUCTIONS
 number NH1009399-10).             effective date of   section of
                                   this AD.            commander
                                                       Aircraft Company
                                                       Service Bulletin
                                                       No. SB-114-33A,
                                                       dated May 9,
                                                       2000.
(2) Do NOT install an Aeroquip V- As of June 23,      Not applicable.
 band exhaust clamp (Aeroquip      2000 (the
 part number 00624-55677-340M or   effective date of
 Lycoming alternate part number    this AD).
 40D21162-340M) on any affected
 airplane.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Fort Worth Airplane Certification Office, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact the Fort Worth Airplane 
Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 
76193-0150; telephone: (817) 222-5147; facsimile: (817) 222-5960.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Commander Aircraft Company Service Bulletin No. SB-114-33A, 
dated May 9, 2000. The Director of the Federal Register approved 
this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 
51. You may get copies from the Commander Aircraft Company, Wiley 
Post Airport Hangar 8, 7200 NW 63rd Street, Bethany, Oklahoma 73008. 
You may look at copies at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW, 
suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on June 23, 2000.

    Issued in Kansas City, Missouri, on May 22, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-13444 Filed 5-31-00; 8:45 am]
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