[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Proposed Rules]
[Pages 42297-42300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20062]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-121-AD]
RIN 2120-AA64
Airworthiness Directives; American Champion Aircraft Corporation
7, 8, and 11 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM); Reopening of the comment
period.
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SUMMARY: This document reopens the comment period of an earlier
proposed airworthiness directive (AD) that would supersede AD 98-05-04,
which currently requires repetitively inspecting the front and rear
wood spars for damage, including installing any necessary inspection
holes, on certain American Champion Aircraft Corporation (ACAC) Model
8GCBC airplanes; and repairing or replacing any damaged wood spar.
Damage is defined as cracks; compression cracks; longitudinal cracks
through the bolt holes or nail holes; or loose or missing nails. The
proposed AD would retain the actions of AD 98-05-04; would extend these
actions to ACAC 7, 8, and 11 series airplanes; and would incorporate
alternative methods of accomplishing the actions. Since issuing the
NPRM, the Federal Aviation Administration (FAA) received a comment
requesting additional time to comment on the proposed AD. The FAA
concurs that the comment period for the
[[Page 42298]]
proposal should be reopened and the public should have additional time
to comment.
DATES: Comments must be received on or before September 10, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 98-CE-121-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 American Champion Aircraft Corporation, P.O. Box 37, 32032
Washington Avenue, Highway D, Rochester, Wisconsin 53167; internet
address: ``www.amerchampionaircraft.com''. This information also may be
examined at the Rules Docket at the address above.
FOR FURTHER INFORMATION CONTACT: Mr. William Rohder, Aerospace
Engineer, FAA, Chicago Aircraft Certification Office, 2300 E. Devon
Avenue, Des Plaines, Illinois 60018; telephone: (847) 294-7697;
facsimile: (847) 294-7834.
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. 98-CE-121-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of the NPRM by submitting a request to
the FAA, Central Region, Office of the Regional Counsel, Attention:
Rules Docket No. 98-CE-121-AD, Room 1558, 601 E. 12th Street, Kansas
City, Missouri 64106.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to certain to certain
ACAC 7, 8, and 11 series airplanes was published in the Federal
Register as a notice of proposed rulemaking (NPRM) on June 4, 1999 (64
FR 29972). The NPRM proposed to supersede AD 98-05-04, Amendment 39-
10365 (63 FR 10297, March 3, 1998). AD 98-05-04 currently requires
repetitively inspecting the front and rear wood spars for damage,
including installing any necessary inspection holes; and repairing or
replacing any damaged wood spar on certain ACAC Model 8GCBC airplanes.
Damage is defined as cracks; compression cracks; longitudinal cracks
through the bolt holes or nail holes; or loose or missing nails. The
NPRM proposed to retain the actions of AD 98-05-04; proposed to extend
these actions to all ACAC 7, 8, and 11 series airplanes; and proposed
to incorporate alternative methods of accomplishing the actions.
Accomplishment of the proposed inspection as specified in the NPRM
would be required in accordance with ACAC Service Letter 406, Revision
A, dated May 6, 1998.
The NPRM was the result of a review of the service history of the
affected airplanes that incorporate wood wing spars. The review was
prompted by in-flight wing structural failures on ACAC Model 8GCBC
airplanes, and revealed several incidents where damage was found on the
front and rear wood spars on the affected airplanes.
Reason for This Action
The FAA has received a comment requesting additional time to
comment on the proposed rule. Since the NPRM comment period has already
closed, the FAA is granting this extension by reopening the comment
period instead of extending the comment period.
All comments will be addressed in any final or subsequent action
taken by the FAA on this subject. The FAA is republishing the actual AD
portion of the NPRM, Docket No. 98-CE-121-AD, for the convenience of
the owners/operators of the affected airplanes.
Compliance Time of the Proposed AD
The compliance time of the proposed AD is presented in calendar
time and hours time-in-service (TIS). Although the unsafe condition
specified in the proposed AD is a result of airplane operation,
operators of the affected airplanes utilize their airplanes in
different ways.
For example, an operator may utilize his/her airplane 50 hours TIS
in a year while utilizing the aircraft in no or very little crop
dusting operations, banner or glider tow operations, or rough field or
float operations. This airplane would obviously have a lower crack
propagation rate than an airplane operated 300 hours TIS a year in
frequent crop dusting operations, banner or glider tow operations, or
rough field or float operations. However, either airplane could have
pre-existing and undetected wood spar damage that occurred during
previous operations. In this situation, the damage to the wood spar
would propagate at a rate that depends on the operational exposure of
the airplane and severity of the initial wood spar damage.
The FAA is proposing repetitive inspection compliance times that
would coincide with the owner's/operator's annual inspection program.
This should have the least impact upon operators because the costs of
having the airplane out of service can be absorbed with regularly
scheduled down-time.
To assure that compression cracks do not go undetected in the wood
spars of the affected airplanes, the FAA has determined that the
following compliance times should be used:
1. The proposed initial inspection at the first annual
inspection that occurs 30 calendar days or more after the effective
date of the AD or within 13 calendar months after the effective date
of the AD, whichever occurs first; and
2. The proposed repetitive inspections thereafter at intervals
not to exceed 12 calendar months or 500 hours TIS, whichever occurs
first.
Cost Impact
Though the proposed AD would not require installing additional
inspection holes/covers, the following cost analysis is based on the
presumption that 11 additional inspection holes/covers per wing would
be required to complete a thorough inspection in accordance with ACAC
Service Letter 406, Revision A, dated May 6, 1998. These inspection
holes/covers may not be required, which would reduce the proposed cost
impact upon U.S. operators of the affected airplanes.
The FAA estimates that 6,701 airplanes in the U.S. registry would
be
[[Page 42299]]
affected by the proposed AD, that it would take approximately 6
workhours (Installations: 5 workhours; Initial Inspection: 1 workhour)
per airplane to accomplish the proposed action, and that the average
labor rate is approximately $60 an hour. Parts cost approximately $292
per airplane, provided that each airplane would only need 11 additional
standard inspection hole covers per wing bottom surface (total of 22
new covers per airplane). If the airplane would require the
installation of more inspection covers (i.e., a result of previous non-
factory wing recover work), the cost could be slightly higher. Based on
these figures, the total cost impact of the proposed AD on U.S.
operators is estimated to be $4,369,052, or $652 per airplane.
These cost figures are based on the presumption that no affected
Model 8GCBC airplane owner/operator has accomplished the installations
or the initial inspection as currently required by AD 98-05-04, and do
not account for repetitive inspections. The FAA has no way of
determining the number of repetitive inspections each owner/operator of
the affected airplanes will incur over the life of his/her airplane.
However, each proposed repetitive inspection would cost substantially
less than the initial inspection because the cost of the initial
proposed inspection hole and cover installations would not be
repetitive. The inspection covers allow easy access for the inspection
of the wood spars, and the proposed compliance time would enable the
owners/operators of the affected airplanes to accomplish the repetitive
inspections at regularly scheduled annual inspections.
Regulatory Impact
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 14
CFR part 39 of the Federal Aviation Regulations 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 removing Airworthiness Directive
(AD) 98-05-04, Amendment 39-10365 (63 FR 10297, March 3, 1998), and by
adding a new AD to read as follows:
American Champion Aircraft Company: Docket No. 98-CE-121-AD;
Supersedes AD 98-05-04, Amendment 39-10365.
Applicability: The following airplane models, all serial
numbers, certificated in any category, that are equipped with wood
wing spars:
7AC 7GCB
7ACA 7GCBA
S7AC 7GCBC
7BCM (L-16A) 7HC
7CCM (L-16B) 7JC
S7CCM 7KC
7DC 7KCAB
S7DC 8GCBC
7EC 8KCAB
S7EC 11AC
7ECA S11AC
7FC 11BC
7GC S11BC
7GCA 11CC
7GCAA S11CC
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, repaired, or reconfigured in the area subject to
the requirements of this AD. For airplanes that have been modified,
altered, repaired, or reconfigured 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 (g) 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 as indicated in the body of this AD, unless
already accomplished.
To prevent possible compression cracks and other damage in the
wood spar wing, which, if not detected and corrected, could
eventually result in in-flight structural failure of the wing with
consequent loss of the airplane, accomplish the following:
(a) Initial Inspection With Possible Repair or Replacement:
Inspect and repair or replace the wood wing spars, as follows:
(1) At the first annual inspection that occurs 30 calendar days
or more after the effective date of this AD or within the next 13
calendar months after the effective date of this AD, whichever
occurs first, inspect (detailed visual) both the front and rear wood
wing spars for cracks; compression cracks; longitudinal cracks
through the bolt holes or nail holes; and loose or missing rib nails
(referred to as damage hereafter). Accomplish these inspections in
accordance with American Champion Aircraft Corporation (ACAC),
Service Letter 406, Revision A, dated May 6, 1998. This service
bulletin specifies using a high intensity flexible light (for
example a ``Bend-A-Light''). A regular flashlight and mirrors may
not be used for this inspection.
(2) If any spar damage is found, prior to further flight, repair
or replace the wood wing spar in accordance with Advisory Circular
(AC) 43.13-1B, Acceptable Methods, Techniques and Practices; or
other data that is approved by the FAA for wing spar repair or
replacement.
(b) Repetitive Inspections: Accomplish the inspection, repair,
replacement, and installation required by paragraphs (a)(1) and
(a)(2) of this AD within 12 calendar months or 500 hours TIS
(whichever occurs first) after these initial actions, and thereafter
at intervals not to exceed 12 calendar months or 500 hours TIS,
whichever occurs first.
(c) Additional Inspection Requirements After Accident/Incident:
If, after the effective date of this AD, any of the affected
airplanes are involved in an incident/accident that involves wing
damage (e.g., surface deformations such as abrasions, gouges,
scratches, or dents, etc.), prior to further flight after that
incident/accident, accomplish the inspection and repair or
replacement required by paragraphs (a)(1) and (a)(2) of this AD, as
applicable.
(d) Reporting Requirements: Within 30 days after any wing damage
is found per the requirements of this AD, submit a Malfunction or
Defect Report (M or D), FAA Form 8010-4, which describes the damage;
and send a copy of this report to the Manager, Chicago Aircraft
Certification Office (ACO), 2300 E. Devon Avenue, Des Plaines,
Illinois 60018; facsimile: (847) 294-7834. Include the airplane
model and serial number, the extent of the damage (location and
type), and the number of total hours TIS on the damaged wing.
Information collection requirements contained in this regulation
have been approved by the Office of Management and Budget (OMB)
under the provisions of the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.
(e) Alternatives to the AD: ACAC Service Letter 406, Revision A,
and ACAC Service
[[Page 42300]]
Letter 417, Revision C, both dated May 6, 1998, specify additional
inspection and installation alternatives over that included in the
original issue of these service letters. All inspection and
installation alternatives presented in these service letters are
acceptable for accomplishing the applicable actions of this AD.
(f) Special Flight Permits: 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.
(g) Alternative Methods of Compliance: An alternative method of
compliance or adjustment of the initial or repetitive compliance
times that provides an equivalent level of safety may be approved by
the Manager, Chicago ACO, 2300 E. Devon Avenue, Des Plaines,
Illinois 60018.
(1) The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, Chicago ACO.
(2) Alternative methods of compliance approved in accordance
with AD 98-05-04 are considered approved for this AD.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Chicago ACO.
(h) Availability of Service Information: All persons affected by
this directive may obtain copies of the documents referred to herein
upon request to the American Champion Aircraft Corporation, P.O. Box
37, 32032 Washington Avenue, Highway D, Rochester, Wisconsin 53167;
internet address: ``www.amerchampionaircraft.com''; or may examine
these documents at the FAA, Central Region, Office of the Regional
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
(i) Other AD's Affected: This amendment supersedes AD 98-05-04,
Amendment 39-10365.
Issued in Kansas City, Missouri, on July 29, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-20062 Filed 8-3-99; 8:45 am]
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