[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Rules and Regulations]
[Pages 53158-53161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22121]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-41-AD; Amendment 39-11885; AD 2000-17-11]
RIN 2120-AA64


Airworthiness Directives; Fairchild Aircraft, Inc., SA226 Series 
and SA227 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

[[Page 53159]]


ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Fairchild Aircraft, Inc. (Fairchild) SA226 and SA227 
series airplanes equipped with certain Ozone Industries, Inc., main 
landing gear (MLG) assemblies. This AD requires you to repetitively 
inspect the MLG drag brace assembly (consists of both brace and links) 
for cracks, and requires you to replace or rework any cracked MLG drag 
brace assembly. This AD is the result of several reports of cracks in 
the MLG drag brace assemblies on the affected airplanes. The actions 
specified by this AD are intended to detect and correct cracks in MLG 
drag brace assembly. Continued airplane operation with such cracks 
could lead to MLG failure and result in loss of control of the airplane 
during takeoff or landing operations.

DATES: This AD becomes effective on September 22, 2000.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
September 22, 2000.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before October 27, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 2000-CE-41-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
    You may get the service information referenced in this AD from 
Fairchild Aircraft, Inc., P.O. Box 790490, San Antonio, Texas 78279-
0490; telephone: (210) 824-9421. You may examine this information at 
FAA, Central Region, Office of the Regional Counsel, Attention: Rules 
Docket No. 2000-CE-41-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: Hung Viet Nguyen, Aerospace Engineer, 
FAA, Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth, 
Texas 76193-0150; telephone: (817) 222-5155; facsimile: (817) 222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The FAA has received a report of 
an accident on a Fairchild Aircraft SA226/227 series airplane where the 
main landing gear (MLG) failed due to drag brace assembly cracks. 
Random inspections of the Fairchild Aircraft SA226 and SA227 series 
airplane fleet revealed nine other instances of cracks in the MLG drag 
brace assemblies. The affected airplanes incorporate one of the 
following MLG assemblies:

--For SA226 series airplanes: Ozone Industries, Inc., part number (P/N) 
OAS5453-1 (Revision ``H'', ``J'', ``K'', or ``N''), or Ozone 
Industries, Inc., P/N OAS5453-5. These assemblies incorporate an Ozone 
Industries, Inc., P/N OAS5501-1 MLG drag brace assembly (consisting of 
both a drag brace and drag links); and
--For SA227 series airplanes: Ozone Industries, Inc., 14,500 LB MGTOW, 
P/N OAS5453-5. These assemblies incorporate an Ozone Industries, Inc., 
P/N OAS5501-1 MLG drag brace assembly (consisting of both a drag brace 
and drag links).

    What are the consequences if the condition is not corrected? 
Continued airplane operation with cracks in the MLG drag brace assembly 
could lead to MLG failure and result in loss of control of the airplane 
during takeoff or landing operations.

Relevant Service Information

    Is there service information that applies to this subject? 
Fairchild has issued Service Bulletin 226-32-068 and Service Bulletin 
227-32-043, both Issued: June 23, 2000.
    What are the provisions of these service bulletins? These service 
bulletins include the following:

--Procedures for inspecting the previously referenced Ozone Industries, 
Inc., MLG assemblies for cracks in the drag brace assembly;
--Procedures for reworking any MLG drag brace assembly with cracks of 
0.080-inches or less in length. Only one rework is allowed; and
--Reference to replacement of the MLG drag brace assembly if cracks are 
found that exceed 0.080 inches in length. Replacement is in accordance 
with the procedures in the maintenance manual.

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:

--An unsafe condition exists or could develop on certain Fairchild 
SA226 Series and SA227 Series airplanes of the same type design to that 
of the accident airplane;
--The actions and procedures in the previously referenced service 
bulletins should be incorporated on these airplanes; and
--AD action should be taken in order to detect and correct cracks in 
MLG drag brace assemblies. Continued airplane operation with such 
cracks could lead to MLG failure and result in loss of control of the 
airplane during takeoff or landing operations.

    What does this AD require? This AD requires you to repetitively 
inspect the MLG drag brace assembly (consists of both brace and links) 
for cracks, and requires you to replace or rework any cracked MLG drag 
brace assembly.
    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 MLG failure and result in loss of control of the airplane 
during takeoff or landing operations, 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

    How do I comment on this AD? Although this action is in the form of 
a final rule and was not preceded by notice and opportunity for public 
comment, we invite your comments on the 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. We will consider all 
comments received on or before the closing date specified above. 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.
    Are there any specific portions of the AD I should pay attention 
to? 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.
    The FAA is reviewing 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

[[Page 53160]]

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.
    How can I be sure FAA receives my comment? 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. 2000-CE-41-AD.'' We will date stamp and mail the postcard 
back to you.

Regulatory Impact

    Does this AD impact relations between Federal and State 
governments? 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.
    Does this AD involve a significant rule or regulatory action? 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 U.S.C. 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:

2000-17-11 Fairchild Aircraft, Inc.: Amendment 39-11885; Docket No. 
2000-CE-41-AD.

    (a) What airplanes are affected by this AD? Models SA226-T, 
SA226-AT, SA226-T(B), SA226-TC, SA227-AT, SA227-TT, and SA227-AC (C-
26A) airplanes, all serial numbers, certificated in any category, 
that incorporate one of the following:
    (1) For SA226 series airplanes: Ozone Industries, Inc., part 
number (P/N) OAS5453-1 (Revision ``H'', ``J'', ``K'', or ``N''), or 
Ozone Industries, Inc., P/N OAS5453-5. These assemblies incorporate 
an Ozone Industries, Inc., P/N OAS5501-1 main landing gear (MLG) 
drag brace assembly (consisting of both a drag brace and drag 
links); or
    (2) For SA227 series airplanes: Ozone Industries, Inc., 14,500 
LB MGTOW, P/N OAS5453-5. These assemblies incorporate an Ozone 
Industries, Inc., P/N OAS5501-1 MLG drag brace assembly (consisting 
of both a drag brace and drag links).
    (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 detect and correct cracks in MLG drag brace 
assemblies (consists of both brace and links). Continued airplane 
operation with such cracks could lead to MLG failure and result in 
loss of control of the airplane during takeoff or landing 
operations.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

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               Action                            Compliance time                         Procedures
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(1) Inspect, using dye penetrant      Accomplish this inspection within     Accomplish this inspection in
 methods, the main landing gear drag   the next 50 hours time-in-service     accordance with the ACCOMPLISHMENT
 brace assemblies for cracks           (TIS) after September 22, 2000 (the   INSTRUCTIONS section of whichever
                                       effective date of this AD)            of the following that is
                                                                             applicable:
                                                                            (i) Fairchild Service Bulletin 226-
                                                                             32-068, Issued: June 23, 2000; or
                                                                            (i) Fairchild Service Bulletin 227-
                                                                             32-043, Issued: June 23, 2000.
(2) If no cracks are found during     Begin the repetitive inspections      Accomplish in accordance with the
 the initial inspection,               within 1,000 hours TIS after the      previously referenced service
 repetitively reinspect the MLG drag   initial inspection, and continue      bulletins.
 brace assemblies                      thereafter at intervals not to
                                       exceed 1,000 hours TIS provided no
                                       cracks are found
(3) If cracks are found during any    (i) Replacement: Prior to further     Accomplish the replacement in
 inspection that are over 0.080        flight after the inspection where     accordance with the applicable
 inches in combined length or any      the cracks(s) is found; and           maintenance manual and accomplish
 cracks are found on an already       (ii) Repetitive Inspections:           the repetitive with the previously
 reworked assembly, replace the       (A) For new assemblies: Upon           referenced service bulletins.
 Ozone Industries, Inc., P/N OAS5501-  accumulating 15,000 hours TIS on
 1 MLG Drag Brace Assembly with a      the assembly, and thereafter at
 new or serviceable assembly, and      intervals not to exceed 1,000 hours
 repetitively reinspect these          TIS provided no crack(s) is found;
 assemblies                            and
                                      (B) For serviceable assemblies:       ....................................
                                       Within 1,000 hours TIS after
                                       installation, and thereafter at
                                       intervals not to exceed 1,000 hours
                                       TIS provided no crack(s) is found

[[Page 53161]]

 
(4) If cracks are found during any    Accomplish the rework prior to        Accomplish in accordance with the
 inspection that are equal to or       further flight after the inspection   previously referenced service
 less than 0.080 inches in total       where the crack(s) is found, and      bulletins.
 combined length, you may rework the   then reinspect at intervals not to
 MLG drag brace assembly               exceed 400 hours TIS, unless
(i) Only one rework of the MLG drag    further cracking is found at which
 brace assembly is allowed. If any     time replacement is required prior
 crack is found after rework, the      to further flight
 assembly must be replaced
(ii) After rework, repetitively
 inspect the MLG drag brace assembly
 provided no additional cracking is
 found at which time replacement is
 required
----------------------------------------------------------------------------------------------------------------

    (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 (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Fort Worth ACO.

    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 Hung Viet Nguyen, 
Aerospace Engineer, FAA, Airplane Certification Office, 2601 Meacham 
Boulevard, Fort Worth, Texas 76193-0150; telephone: (817) 222-5155; 
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? You must accomplish the actions required by this AD in 
accordance with Fairchild Aircraft Inc. Service Bulletin 226-32-068 
or Fairchild Aircraft Inc. Service Bulletin 227-32-043, both Issued: 
June 23, 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 can get copies from Fairchild Aircraft, Inc., P.O. Box 790490, 
San Antonio, Texas 78279-0490. 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 September 22, 2000.

    Issued in Kansas City, Missouri, on August 23, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-22121 Filed 8-31-00; 8:45 am]
BILLING CODE 4910-13-U