[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Proposed Rules]
[Pages 32437-32440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-58-AD]
RIN 2120-AA64


Airworthiness Directives; Univair Aircraft Corporation Models 
Alon A-2 and A2-A; ERCO 415-C, 415-CD, 415-D, 415-E, and 415-G; Forney 
F-1 and F-1A; and Mooney M10 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 94-18-04 R1, which currently applies to all Univair Aircraft 
Corporation (Univair) Models Alon A-2 and A2-A; ERCO 415-C, 415-CD, 
415-D, 415-E, and 415-G; Forney F-1 and F-1A; and Mooney M10 airplanes. 
AD 94-18-04 R1 requires installing inspection openings in the outer 
wing panels, inspecting (one-time) the wing outer panel structural 
components for corrosion, and repairing any corroded wing outer panel 
structural component. Several reports of corrosion in the outer wing 
panels of the affected airplanes prompted that AD. Additional reports 
of corrosion on airplanes in compliance with AD 94-18-04 R1 have caused 
the Federal Aviation Administration (FAA) to propose repetitive 
inspections. This proposed AD would make the inspection required in AD 
94-18-04 R1 repetitive. The actions specified by this proposed AD are 
intended to prevent wing damage caused by a corroded wing outer panel 
structural component, which, if not detected and corrected, could 
progress to the point of structural failure.

DATES: The FAA must receive any comments on this proposed rule on or 
before July 28, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-58-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-58-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 
80011, telephone: (303) 375-8882; facsimile: (303) 375-8888. You may 
also view this information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Roger Caldwell, Aerospace Engineer, 
FAA, Denver Aircraft Certification Office, 26805 East 68th Avenue, Room 
214, Denver, Colorado 80249-6361; telephone: (303) 342-1086; facsimile: 
(303) 342-1088.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the proposed rule's docket number and submit your comments to 
the address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention To?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view 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 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-58-AD.'' We will date stamp and 
mail the postcard back to you.

[[Page 32438]]

Discussion

Has FAA Taken Any Action to This Point?

    Maintenance inspection procedures did not allow for thorough 
inspection of the wing structure on Univair Models Alon A-2 and A2-A; 
ERCO 415-C, 415-CD, 415-D, 415-E, and 415-G; Forney F-1 and F-1A; and 
Mooney M10 airplanes. This caused us to issue AD 94-18-04, Amendment 
39-9017 (59 FR 43727, August 25, 1994) to require installing inspection 
openings in the outer wing panels, inspecting (one-time) the wing outer 
panel structure for corrosion, and repairing any corrosion found.
    After AD 94-18-04 was issued, Univair revised Service Bulletin No. 
29 to the Revision B level. Univair Service Bulletin No. 29, Revision 
B, dated January 2, 1995, changed the dimension of one of the openings 
to position it symmetrically between two ribs; and clarified the 
dimensioning system utilized in placement of the inspection openings. 
Univair SB No. 29, Revision B, also presented further discussion of the 
service difficulties encountered on the referenced subject and 
clarified the intent of the preliminary inspection procedure that may 
be accomplished prior to the installation of the inspection openings.
    This caused us to issue AD 94-18-04 R1, Amendment 39-9173 (60 FR 
62321, March 14, 1995).

What Has Happened Since AD 94-18-04 R1 To Initiate This Proposed 
Action?

    The FAA has received additional reports of corrosion damage in the 
wing outer panel structural components continuing to go undetected. 
Univair has revised Service Bulletin No. 29 to the Revision C level, 
dated July 8, 1999. This revision changes the one-time inspection of 
the wing outer panel structural components for corrosion to a 
repetitive inspection.

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

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information related to the incidents described above, we have 
determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Univair Models Alon A-2 and A2-A; ERCO 415-C, 415-CD, 
415-D, 415-E, and 415-G; Forney F-1 and F-1A, and Mooney M10 airplanes 
of the same type design;
--The inspection specified in the previously-referenced service 
information and AD 94-18-04 R1 should be made repetitive on the 
affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

    This proposed AD would supersede AD 94-18-04 R1 with a new AD that 
would retain the actions required in AD 94-18-04 R1 and make the one-
time inspection of the wing outer panel structural components for 
corrosion a repetitive inspection.

How Does the Revision to 14 CFR Part 39 Affect This Proposed AD?

    On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we will not include it in 
future AD actions.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 2,600 airplanes in the 
U.S. registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish this proposed 
installation of the inspection openings:

------------------------------------------------------------------------
                                                             Total  cost
                 Labor cost                    Parts cost        per
                                                              airplane
------------------------------------------------------------------------
6 workhours x $60 per hour = $360...........          $67          $427
------------------------------------------------------------------------

    We estimate the following costs to accomplish the proposed 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                               Total  cost
             Labor cost                     Parts cost             per          Total cost on U.S. operators
                                                                airplane
----------------------------------------------------------------------------------------------------------------
2 workhours x $60 per hour = $120...  Not applicable........         $120   $120 x 2,600 = $312,000
----------------------------------------------------------------------------------------------------------------

    The FAA has no method of determining the number of repetitive 
inspections each owner/operator would incur over the life of each of 
the affected airplanes so the cost impact is based on the initial 
inspection.
    The FAA has no method of determining the number of repairs or 
replacements each owner/operator would incur over the life of each of 
the affected airplanes based on the results of the proposed 
inspections. We have no way of determining the number of airplanes that 
may need such repair. The extent of damage may vary on each airplane.

Compliance Time of This Proposed AD

What Would Be the Compliance Time of This Proposed AD?

    The compliance time of this proposed AD is ``within the next 12 
calendar months after the effective date of this AD.''

Why Is the Proposed Compliance Time Presented in Calendar Time Instead 
of Hours Time-in-Service (TIS)?

    The unsafe condition specified by this proposed AD is caused by 
corrosion. Corrosion can occur regardless of whether the airplane is in 
operation or is in storage. Therefore, to assure that the unsafe 
condition specified in this

[[Page 32439]]

proposed AD does not go undetected for a long period of time, the 
compliance is presented in calendar time instead of hours TIS.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein would 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, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
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, under 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. FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
94-18-04 R1, Amendment 39-9173 (60 FR 62321, March 14, 1995), and by 
adding a new AD to read as follows:

Univair Aircraft Corporation: Docket No. 2002-CE-58-AD; Supersedes 
AD 94-18-04 R1, Amendment 39-9173.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are certificated 
in any category:

------------------------------------------------------------------------
                    Models                            Serial  No.
------------------------------------------------------------------------
Alon A-2 and A2-A............................  All.
ERCO 415-C, 415-CD, 415-D, 415-E, and 415-G..  All.
Forney F-1 and F-1A..........................  All.
Mooney M10...................................  All.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent wing damage caused by a corroded 
wing outer panel structural component, which, if not detected and 
corrected, could progress to the point of structural failure.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Install inspection        Within the next 12    In accordance with
 openings in the outer wing    calendar months       Univair Service
 panels and inspect the wing   after March 24,       Bulletin No. 29,
 outer panel internal          1995 (the effective   Revision B, dated
 structural components for     date of AD 94-18-04   January 2, 1995, or
 corrosion and unrepaired      R1), unless already   Univair Service
 corrosion damage.             accomplished.         Bulletin No. 29,
                                                     Revision C, dated
                                                     July 8, 1999, and
                                                     Advisory Circular
                                                     43-4A, Corrosion
                                                     Control for
                                                     Aircraft.
(2) If corrosion or           Repair or replace     In accordance with
 corrosion damage is found     prior to further      Univair Aircraft
 during the inspection         flight after the      Corporation Service
 required in paragraph         inspection required   Bulletin No. 29,
 (d)(1) of this AD, repair     in paragraph (d)(1)   Revision B, dated
 or replace components of      of this AD.           January 2, 1995, or
 the wing outer panel                                Univair Service
 structure.                                          Bulletin No. 29,
                                                     Revision C, dated
                                                     July 8, 1999, the
                                                     applicable
                                                     maintenance manual,
                                                     and Advisory
                                                     Circular 43-4A,
                                                     Corrosion Control
                                                     for Aircraft.
(3) Repetitively inspect the  Initially inspect     In accordance with
 wing outer panel internal     within the next 6     Univair Aircraft
 structural components for     calendar months       Corporation Service
 corrosion and unrepaired      after the effective   Bulletin No. 29,
 corrosion damage.             date of this AD       Revision C, dated
                               unless the wing       July 8, 1999, and
                               outer panel           Advisory Circular
                               internal structure    43-4A, Corrosion
                               had been inspected    Control for
                               for corrosion         Aircraft.
                               within the previous
                               6 calendar months
                               immediately prior
                               to the effective
                               date of this AD.
                               Repetitively
                               inspect thereafter
                               at intervals not to
                               exceed 12 months
                               after the last
                               inspection.
(4) At any time corrosion or  Repair or replace     In accordance with
 corrosion damage is found,    prior to further      Univair Aircraft
 repair or replace             flight after the      Corporation Service
 components of the wing        inspection in which   Bulletin No. 29,
 outer panel structure.        the corrosion or      Revision B, dated
                               corrosion damage is   January 2, 1995, or
                               found. Continue       Univair Service
                               with the repetitive   Bulletin No. 29,
                               inspection            Revision C, dated
                               requirements of       July 8, 1999, and
                               this AD.              Advisory Circular
                                                     43-4A, Corrosion
                                                     Control for
                                                     Aircraft.
------------------------------------------------------------------------


    Note 1: The compliance times specified in Univair Aircraft 
Corporation Service Bulletin No. 29, Revision B, dated January 2, 
1995, or Univair Service Bulletin No. 29, Revision C, dated July 8, 
1999, are different from those required by this AD. The compliance 
times in this AD take precedence over those in the service bulletin.

    (e) Can I comply with this AD in any other way?
    (1) To use an alternative method of compliance or adjust the 
compliance time, follow the procedures in 14 CFR 39.13. Send these 
requests to the Manager, Denver Aircraft Certification Office (ACO). 
For information on any already approved alternative methods of 
compliance, contact Roger Caldwell, Aerospace Engineer, FAA, Denver 
Aircraft Certification Office, 26805 East 68th Avenue, Room 214, 
Denver, Colorado 80249-6361; telephone: (303) 342-1086; facsimile: 
(303) 342-1088.
    (2) Alternative methods of compliance approved for the 
inspection required in AD 94-18-04 R1, which is superseded by this

[[Page 32440]]

AD, are approved as alternative methods of compliance with this AD.
    (f) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from 
Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 
80011, telephone: (303) 375-8882; facsimile: (303) 375-8888. You may 
view these documents at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.
    (g) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 94-18-04 R1, Amendment 39-9173.


    Issued in Kansas City, Missouri, on May 23, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-13511 Filed 5-29-03; 8:45 am]
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