[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18841]
[[Page Unknown]]
[Federal Register: August 11, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 93-CE-27-AD; Amendment 39-8991; AD 94-16-02]
Airworthiness Directives: Luscombe Model 8 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes AD 79-25-05, which currently
requires repetitively inspecting the existing aluminum vertical
stabilizer forward attach fitting for cracks on Luscombe Model 8 series
airplanes, and replacing any cracked parts. Steel fittings are now
available that, when installed, will eliminate the need for repeated
removal and inspection of the aluminum fitting, which could result in
damage to the fastener holes. This action requires replacing the
existing aluminum fitting with a steel vertical stabilizer forward
attach fitting on Luscombe Model 8 series airplanes that have round-
tipped vertical stabilizer installations. The actions specified by this
AD are intended to prevent failure of the vertical stabilizer as a
result of a cracked fitting, which could result in loss of control of
the airplane.
DATES: Effective September 19, 1994.
The incorporation by reference of certain publications listed in
the regulations as approved by the Director of the Federal Register as
of September 19, 1994.
ADDRESSES: Service information that applies to this AD may be obtained
from the Don Luscombe Aviation History Foundation, P.O. Box 63581,
Phoenix, Arizona 85082; telephone (602) 693-4312. This information may
also be examined at the Federal Aviation Administration (FAA), Central
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th
Street, 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:
Ms. Lirio Liu, Aerospace Engineer, Los Angeles Aircraft Certification
Office, FAA, 3229 E. Spring Street, Long Beach, California 90806;
telephone (310) 988-5229; facsimile (310) 988-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an AD that would apply
to Luscombe Model 8 series airplanes was published in the Federal
Register on January 12, 1994 (59 FR 1676). The action proposed to
supersede AD 79-25-05 with a new AD that would require replacing the
existing aluminum vertical stabilizer forward attach fitting, P/N 28444
or P/N 28453, with a steel fitting manufactured by the Univair Aircraft
Corporation (P/N U28444) or FAA-approved equivalent part.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the four comments received from three different commenters.
Two commenters propose including Luscombe part number (P/N) 28415
in the list of vertical stabilizer attach fittings that should be
replaced as specified in paragraph (a) of the proposal. The FAA concurs
and has changed paragraph (a) of the AD to include this P/N as well as
P/N 28444 and P/N 28453.
These same two commenters request including Luscombe P/N 28455 as a
replacement part for the vertical stabilizer attach fittings. This part
has type design approval from the FAA, and the Don Luscombe Aviation
History Foundation (DLAHF) holds a Parts Manufacturer Approval (PMA).
The FAA concurs that this part should be referenced in the AD and has
changed paragraph (a) of the AD to include the following:
Replace the aluminum vertical stabilizer forward attach fitting,
* * * with either Luscombe P/N 28455 manufactured by the DLAHF; a
welded steel fitting manufactured by the Univair Aircraft
Corporation, P/N U28444; or an FAA-approved equivalent part.
Both of these commenters request replacing the installation
instructions referenced as Figure 1 in the proposal with DLAHF Service
Recommendation #1, dated November 28, 1993. The commenters state that
this publication is basically identical to Figure 1. The FAA concurs
that this action should be accomplished in accordance with DLAHF
Service Recommendation #1, dated November 28, 1993, and has changed the
AD accordingly.
The third commenter recommends that the FAA more clearly state the
Applicability of the proposal by only incorporating those Luscombe
Model 8 series airplanes with round tip vertical stabilizers. This
commenter states that all the applicable service difficulty history is
based upon those stabilizers with round tips and there is no service
difficulty history for those with square tips. The FAA concurs and has
changed the Applicability statement of the AD to include: ``Model 8
Series airplanes (all serial numbers) that have round-tipped vertical
stabilizer installations, certificated in any category.''
After careful review of all available information including the
comments referenced above, the FAA has determined that air safety and
the public interest require the adoption of the rule as proposed except
for (1) the addition of the part numbers to the listing of the existing
and replacement parts for the AD; (2) the incorporation of the DLAHF
Service Recommendation #1, dated November 28, 1993, into the AD; (3)
the Applicability change to the AD that limits the action to only those
affected airplanes with round-tipped vertical stabilizer installations;
and (4) minor editorial corrections. The FAA has determined that none
of the AD modifications described above will change the meaning of the
AD nor add any additional burden upon the public than was already
proposed.
The FAA estimates that 2,029 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 4 workhours per
airplane to accomplish the required action, and that the average labor
rate is approximately $55 an hour. Parts cost approximately $121 per
airplane. Based on these figures, the total cost impact of the AD on
U.S. operators is estimated to be $1,097,689. This figure is based on
the assumption that no affected operator has accomplished this action.
The Univair Aircraft Corporation has informed the FAA that 194
Luscombe P/N U-28444 tail fin fittings have been sold since 1984. Based
on the assumption that each of these 194 fittings is installed on an
affected airplane, the future cost impact estimate for this AD is
reduced by $66,154 (4 hours labor x $55+$121 parts x 194 airplanes)
from $1,097,689 to $1,031,535.
The regulations adopted herein will 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 final
rule does 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) 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 final evaluation prepared for this
action is contained 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, 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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing AD 79-25-05, Amendment 39-
3630, and by adding a new airworthiness directive to read as follows:
94-16-02 Luscombe: Amendment 39-8991; Docket No. 93-CE-27-AD.
Supersedes AD 79-25-05, Amendment 39-3630.
Applicability: Model 8 Series airplanes (all serial numbers)
that have round-tipped vertical stabilizer installations,
certificated in any category.
Compliance: Required within the next 100 hours time-in-service
after the effective date of this AD, unless already accomplished.
To prevent failure of the vertical stabilizer as a result of a
cracked fitting, which could result in loss of control of the
airplane, accomplish the following:
(a) Replace the aluminum vertical stabilizer forward attach
fitting, Luscombe part number (P/N) 28415, P/N 28444, or P/N 28453,
with either Luscombe P/N 28455 manufactured by the Don Luscombe
Aviation History Foundation (DLAHF); a welded steel fitting
manufactured by the Univair Aircraft Corporation, P/N U28444; or an
FAA-approved equivalent part. Accomplish this replacement in
accordance with the procedures included in DLAHF Service
Recommendation #1, dated November 28, 1993.
(b) 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.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Los Angeles Aircraft Certification Office
(ACO), 3229 E. Spring Street, Long Beach, California 90806. The
request shall be forwarded through an appropriate FAA Maintenance
Inspector, who may add comments and then send it to the Manager, Los
Angeles ACO.
Note: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(d) The replacement required by this AD shall be done in
accordance with the Don Luscombe Aviation History Foundation Service
Recommendation #1, dated November 28, 1993. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from the Don Luscombe Aviation History Foundation, P.O. Box
63581, Phoenix, Arizona. Copies may be inspected at the FAA, Central
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E.
12th Street, Kansas City, Missouri, or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment (39-8991) supersedes AD 79-25-05, Amendment
39-3630.
(f) This amendment (39-8991) becomes effective on September 19,
1994.
Issued in Kansas City, Missouri, on July 26, 1994.
Barry D. Clements,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 94-18841 Filed 8-10-94; 8:45 am]
BILLING CODE 4910-13-M
