[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Proposed Rules]
[Pages 26853-26854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13390]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-CE-99-AD]
RIN 2120-AA64
Airworthiness Directives; The Don Luscombe Aviation History
Foundation Model 8 Series Airplanes.
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to The Don Luscombe Aviation History Foundation
(referred to as Luscombe from hereon) Model 8 series airplanes. The
proposed action would require installing new inspection holes,
modifying the wing tip fairings, and inspecting the wing spars for
intergranular corrosion. Reports of intergranular corrosion occurring
in the wings prompted the proposed action. The actions specified by the
proposed AD are intended to prevent wing spar failure resulting from
intergranular corrosion, which, if not detected and corrected, could
result in structural failure of the wings and loss of control of the
airplane.
DATES: Comments must be received on or before July 31, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 95-CE-99-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 Don Luscombe Aviation History Foundation, P.O. Box 63581,
Phoenix, Arizona 85082; telephone (602) 917-0969 and facsimile (602)
917-4719. This information also may be examined at the Rules Docket at
the address above.
FOR FURTHER INFORMATION CONTACT: Ms. Lirio L. Liu, Aerospace Engineer,
FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Blvd.,
Lakewood, California, 90712; telephone (310) 627-5229; facsimile (310)
627-5210.
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. 95-CE-99-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 Assistant Chief Counsel,
Attention: Rules Docket No. 95-CE-99-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Discussion
The FAA has received reports of corrosion occurring on both the
metal covered wing spars and the fabric-covered wing spars of the
Luscombe Model 8 series airplanes. The service history of these
airplanes indicates there is a problem of limited access holes to the
interior of the metal covered wings to look for any corrosion, which
inhibits inspecting the area around the wing spar extrusions. The
fabric covered wings on the Luscomb Model 8 airplanes have adequate
access holes for inspecting purposes. Routine maintenance inspections
have reported intergranular corrosion in the front and rear spar
extrusion in the wings of these airplanes.
The Don Luscombe Aviation History Foundation has issued Service
Recommendation No. 2, dated December 15, 1993, Revised November 21,
1995, which specifies installing new inspection holes, modifying the
wing tip fairings, and inspecting the wing spars for intergranular
corrosion.
After examining the circumstances and reviewing all available
information related to the incidents described above, the FAA has
determined that AD action should be taken to detect intergranular
corrosion in the wing spars, which, if not detected and corrected,
could result in structural failure of the wings and loss of control of
the airplane.
Since an unsafe condition has been identified that is likely to
exist or develop in other Luscombe Model 8 series airplanes of the same
type design, the proposed AD would require installing a total of four
additional wing inspection holes in the metal covered wings to assist
in conducting a more thorough examination of the wing spars, modifying
the wing tip fairing so that it is removable, and providing easier
access to the interior of the wings. A one
[[Page 26854]]
time inspection for intergranular corrosion is proposed for both metal
covered and fabric covered wings on the Luscomb Model 8 airplanes in
the areas of the front and rear spar extrusions of the wing
installations.
The FAA estimates that 2,029 airplanes in the U.S. registry would
be affected by the proposed AD, that it would take approximately 7
hours per airplane to accomplish the proposed action, and that the
average labor rate is approximately $60 an hour. The Luscombe
Installation kit #8007 cost approximately $125 per airplane. Based on
these figures, the total cost impact of the proposed AD on U.S.
operators is estimated to be $1,105,805. This figure includes the cost
of the installation, modification, and inspection. This figure applies
to Model 8 airplanes that have metal covered wings. For airplanes that
have fabric covered wings, the cost will only be for the one-time
inspection, which is estimated to take approximately 1 hour per
airplane.
Luscombe has informed the FAA that these Installation Kits have
been distributed to equip approximately 150 airplanes. Assuming that
these distributed kits are incorporated on the affected airplanes, the
cost of the proposed AD would be reduced by $18,750 from $1,105,805 to
$1,087,055.
The compliance time of this AD is presented in calendar time
instead of hours time-in-service (TIS). The FAA has determined that a
calendar time compliance is the most desirable method because the
unsafe condition described by this AD is caused by corrosion. Corrosion
initiates as a result of airplane operation, but can continue to
develop regardless of whether the airplane is in service or in storage.
Therefore, to ensure that the above-referenced condition is detected
and corrected on all airplanes within a reasonable period of time
without inadvertently grounding any airplanes, a compliance schedule
based upon calendar time instead of hours TIS is required.
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
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 USC 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:
The Don Luscombe Aviation History Foundation (formerly The Luscombe
Aircraft Company): Docket No. 95-CE-99-AD.
Applicability: Model 8 series airplanes (all serial numbers),
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, 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 (d) 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 within the next 12 calendar months
after the effective date of this AD, unless already accomplished.
To prevent wing spar failure resulting from intergranular
corrosion, which, if not detected and corrected, could result in
structural failure of the wings and loss of control of the airplane,
accomplish the following:
(a) For Luscombe Model 8 series airplanes with metal covered
wings,
(1) Install two additional wing inspection holes (left wing and
right wing) using the Don Luscombe Aviation History Foundation
(DLAHF) Kit #8007, Wing Access and Inspection Kit, in accordance
with the Compliance Procedures section, paragraphs ``1B Metal
Covered Wings.'', (a), (a1.) through (a9.), and (b.) of the Luscombe
Service Bulletin (SB) #2, dated December 15, 1993, REVISED November
21, 1995, and
(2) Modify the wing tip fairing using the DLAHF Kit #8007, Wing
Access and Inspection Kit, in accordance with the Compliance
Procedures section, paragraphs ``1B Metal Covered Wings.'', (c), and
(c1.) through (c5.) of the Luscombe SB #2, dated December 15, 1993,
REVISED November 21, 1995.
(b) For all affected Luscombe Model 8 series airplanes, inspect
one time for intergranular corrosion in the areas of the front and
rear spar extrusions of the wing installations in accordance with
the Compliance Procedures: section, paragraph ``1A. Fabric Covered
Wings.'' or paragraph ``2. Inspect'' of the Luscombe SB #2, dated
December 15, 1993, REVISED November 21, 1995, whichever paragraph is
applicable to the wing construction of the airplane.
(c) 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.
(d) An alternative method of compliance or adjustment of the
initial compliance time that provides an equivalent level of safety
may be approved by the Manager, Los Angeles Aircraft Certification
Office, 3960 Paramount Blvd., Lakewood, California, 90712. The
request shall be forwarded through an appropriate FAA Maintenance
Inspector, who may add comments and then send it to the Manager, Los
Angeles Aircraft Certification Office.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles Aircraft Certification Office.
(e) All persons affected by this directive may obtain copies of
the document referred to herein upon request to The Don Luscombe
Aviation History Foundation, P. O. Box 63581, Phoenix, Arizona
85082; telephone (602) 917-0969 and fax (602) 917-4719; or may
examine this document at the FAA, Central Region, Office of the
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City,
Missouri 64106.
Issued in Kansas City, Missouri, on May 21, 1996.
Bobby Sextion,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-13390 Filed 5-28-96; 8:45 am]
BILLING CODE 4910-13-U