[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Rules and Regulations]
[Pages 27930-27932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12621]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0418; Product Identifier 2016-CE-041-AD; Amendment 
39-19645; AD 2019-10-06]
RIN 2120-AA64


Airworthiness Directives; Aviat Aircraft Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Aviat Aircraft Inc. Models A-1C-180 and A-1C-200 airplanes equipped 
with a Rapco part number RA1798-00-1 fuel vent check valve installed on 
either wing or both. This AD was prompted by a report that the fuel 
tank vent check valves are sticking in the closed position causing fuel 
starvation to the engine. This AD requires revision of the airplane 
flight manual (AFM) to add a pre-flight check of the fuel vent check 
valves for proper operation and replacing any inoperative fuel vent 
check valve with an airworthy part. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective July 22, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 22, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Aviat Aircraft Inc., P.O. Box 1240, Afton, WY 83110; phone 
(307) 885-3151; fax: (307) 885-9674; email: [email protected]; 
internet: http://aviataircraft.com. You may view this service 
information at the FAA, Policy and Innovation Division, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148. It is also available on 
the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-0418.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0418; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Richard R. Thomas, Aviation Safety 
Engineer, FAA, Denver Aircraft Certification Office (ACO) Branch, 26805 
East 68th Avenue, Room 214, Denver, Colorado 80249; phone: (303) 342-
1085; fax: (303) 342-1088; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Aviat Aircraft Inc. 
(Aviat) Models A-1C-180 and A-1C-200 airplanes equipped with Rapco part 
number (P/N) RA1798-00-1 fuel vent check valves. The NPRM published in 
the Federal Register on May 5, 2017 (82 FR 21142). The NPRM was 
prompted by a report of the fuel tank vent check valves sticking in the 
closed position causing fuel starvation to the engine. The incident 
airplane was equipped with Rapco P/N RA1798-00-1 fuel vent check 
valves. As designed, the check valve ball seat on this P/N valve is 
nearly the same diameter as the ball and the ball can readily wedge 
itself in the seat and block the fuel tank vent. The NPRM proposed to 
require revising the AFM to add a pre-flight check of the fuel vent 
check valves for proper operation and replacing any inoperative fuel 
vent check valve with a Dukes P/N 1798-00-1 fuel check valve.

Actions Since the NPRM was Issued

    Since we issued the NPRM, Aviat designed a new fuel vent check 
valve, P/N 38266-501, that can be installed in place of the Rapco fuel 
vent check valve. We determined this Aviat fuel vent check valve is not 
subject to the unsafe condition. We also determined that the Dukes fuel 
vent check valve, P/N 1798-00-1, cannot be installed to replace a Rapco 
fuel vent check valve due to a difference in length. Accordingly, we 
revised paragraph (i) of this AD to require replacing inoperative Rapco 
fuel vent check valves with Aviat valves instead of Dukes valves. We 
also removed the note from the Applicability section that referenced 
the Dukes valve.
    We are issuing this AD to correct the unsafe condition on these 
products.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We received no comments on the NPRM or on the 
determination of the cost to the public.

Additional Changes Made to the Final Rule

    We updated the on-condition parts cost to reflect that removing and 
replacing the Rapco fuel vent check valve requires cutting a hole in 
the wing skin and installing an access cover over the hole once the 
valve has been replaced. We added the minimal cost of this cover to the 
on-condition parts cost. Labor cost was unaffected by the cover 
installation.
    We clarified the requirement to amend the AFM and added a fourth 
step to the AFM amendment to alert the owner/operator (pilot) that an 
inoperative check valve must be replaced in accordance with this AD. We 
also removed the requirement to make a maintenance entry under part 43, 
as revising a flight manual is not a maintenance action. A record of 
the AFM change must still be made as required by 14 CFR 
91.417(a)(2)(v).
    We refined the requirements to remove and replace an inoperative 
fuel vent check valve by removing the references to steps 4 and 9 of 
the service information. Step 4 of the service information is no longer 
necessary due to other changes to this AD, and step 9 is unnecessary 
for this AD because it is required by standard maintenance practices 
under 14 CFR part 43. We also changed the language regarding replacing 
both valves with valves that

[[Page 27931]]

are unaffected by this AD from ``the repetitive pre-flight checks 
required in paragraph (g) of this AD are terminated'' to ``you may 
remove the AFM revisions required by paragraph (g) of this AD.'' This 
change makes it clear that operators do not need an alternative method 
of compliance (AMOC) to return the AFM to its pre-AD configuration if 
they remove both Rapco valves.
    Lastly, we added a second email address for requesting an AMOC. 
Requests must be submitted to both the assigned Aviation Safety 
Engineer and the Denver ACO Branch general email addresses.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this final rule as proposed except 
for the changes previously discussed. We have determined that these 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Aviat Mandatory Service Bulletin No. 33, Initial 
Release, dated November 11, 2016. The service bulletin contains 
procedures for checking the fuel vent check valve on each wing of the 
airplane for proper operation and replacing any inoperative fuel vent 
check valve. This service information is reasonably available because 
the interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 98 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Pre-flight check of the fuel vent       .5 work-hour x $85 per               N/A          $42.50          $4,165
 check valve for proper operation as     hour = $42.50 per pre-
 incorporated in the aircraft flight     flight check.
 manual.
----------------------------------------------------------------------------------------------------------------

    We conservatively estimated the cost to do a single pre-flight 
check. We recognize the pilot is allowed to perform this check without 
the assistance of a mechanic, which will significantly reduce the 
estimated cost. We further recognize that an individual airplane will 
require this check every pre-flight from the issuance of this AD until 
the end of its useful life as long as at least one P/N RA1798-00-1 fuel 
vent check valve is installed on either wing. We have no way of 
determining the total cost of repeating this check every pre-flight 
either for a single product or for all U.S. operators.
    We estimate the following costs to do any necessary replacements 
that will be required based on the results of the pre-flight check. We 
have no way of determining the number of airplanes that may need these 
replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Remove and replace inoperative fuel  2 work-hours (1 work-hour    $330 per fuel vent      $525 per fuel vent
 vent check valve.                    to remove and 1 work-hour    check valve and $25     check valve. ($1050
                                      to replace) x $85 per hour   per access cover.       to remove and replace
                                      = $170 per fuel vent check   ($710 for both.).       both.)
                                      valve. (There are 2 fuel
                                      vent check valves per
                                      airplane = $340 to remove
                                      and replace both.).
----------------------------------------------------------------------------------------------------------------

    The access cover cost is for a solid color. It does not include 
custom paint schemes to match an individual airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities

[[Page 27932]]

under the criteria of the Regulatory Flexibility Act.

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 FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-10-06 Aviat Aircraft Inc.: Amendment 39-19645; Docket No. FAA-
2017-0418; Product Identifier 2016-CE-041-AD.

(a) Effective Date

    This AD is effective July 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Aviat Aircraft Inc. (Aviat) Models A-1C-180 
and A-1C-200 airplanes, serial numbers 3181 through 3282, 
certificated in any category, that are equipped with a Rapco part 
number (P/N) RA1798-00-1 fuel vent check valve on one or both wings.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2820, Fuel 
Distribution.

(e) Unsafe Condition

    This AD was prompted by a report that Rapco P/N RA1798-00-1 fuel 
vent check valves are sticking in the closed position. We are 
issuing this AD to detect and correct failure of the fuel tank vent 
check valve, which could result in fuel starvation to the engine and 
cause the engine to shut down.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Verify Proper Operation of the Fuel Vent Check Valve on Each Wing

    Before further flight after July 22, 2019 (the effective date of 
this AD), revise the airplane flight manual (AFM) as follows:
    (1) Insert into the Limitations Section of the AFM steps 1 
through 3 of the Accomplishment Instructions in Aviat Aircraft Inc. 
Mandatory Service Bulletin (MSB) No. 33, Initial Release, dated 
November 11, 2016 (Aviat SB, No. 33, IR).
    (2) Immediately following steps 1 through 3, add the following 
language to the Limitations Section of the AFM: Step 4. If there is 
a stuck fuel vent check valve, it must be replaced in accordance 
with AD 2019-10-06 before further flight.
    (3) This AFM revision requires preflight checks of the fuel vent 
check valve on each wing. This insertion and the steps therein may 
be performed by the owner/operator (pilot) holding at least a 
private pilot certificate. The AFM revision must be entered into the 
aircraft records showing compliance with this AD in accordance with 
14 CFR 91.417(a)(2)(v). The record must be maintained as required by 
14 CFR 91.417, 121.380, or 135.439.

(h) Remove Inoperative Fuel Vent Check Valve

    If a fuel vent check valve is not operating properly, before 
further flight, remove the inoperative valve by following steps 5 
and 6 of the Accomplishment Instructions in Aviat SB, No. 33, IR.

(i) Replace Inoperative Fuel Vent Check Valve

    Before further flight after removing any inoperative fuel vent 
check valve as required by paragraph (h) of this AD, replace it with 
an airworthy fuel vent check valve by following step 8 of the 
Accomplishment Instructions in Aviat SB, No. 33, IR. If both fuel 
vent check valves, Rapco P/N RA1798-00-1, are replaced with Aviat P/
N 38266-501 fuel vent check valves, you may remove the AFM revisions 
required by paragraph (g)(1) and (2) of this AD.

(j) Special Flight Permit

    Special flight permits are not necessary for the preflight 
checks. A special flight permit is allowed for this AD per 14 CFR 
39.23 with limitations. Special flight permits are permitted for the 
airplane to be flown visual flight rules only to a location where 
the inoperative fuel vent check valve can be removed and replaced. 
No special flight permits are allowed if both valves are found to be 
inoperative.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Denver ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the ACO, send it to the attention of the person and 
office identified in paragraph (l)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    For more information about this AD, contact Richard R. Thomas, 
Aviation Safety Engineer (ASE), FAA, Denver ACO Branch, 26805 East 
68th Avenue, Room 214, Denver, Colorado 80249; phone: (303) 342-
1085; fax: (303) 342-1088; email: [email protected]. If an 
AMOC is requested by email, it must be sent to both the ASE's email 
and the Denver ACO Branch general email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Aviat Aircraft Inc. Mandatory Service Bulletin No. 33, 
Initial Release, dated November 11, 2016.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact Aviat 
Aircraft Inc., P.O. Box 1240, Afton, WY 83110; phone (307) 885-3151; 
fax: (307) 885-9674; email: [email protected]; internet: 
http://aviataircraft.com.
    (4) You may view this service information at FAA, Policy and 
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 10, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-12621 Filed 6-14-19; 8:45 am]
BILLING CODE 4910-13-P