[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Proposed Rules]
[Pages 40781-40783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19448]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0745; Directorate Identifier 2009-CE-036-AD]
RIN 2120-AA64


Airworthiness Directives; American Champion Aircraft Corp. Models 
7ECA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, and 8GCBC Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
American Champion Aircraft Corp. Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 
8KCAB, and 8GCBC airplanes, manufactured prior to 1989 and equipped 
with folding rear seat backs. This proposed AD would require inspection 
of the rear seat back hinge areas for cracking and excessive elongation 
of the rear seat hinge bolt hole and, if cracking or excessive 
elongation is found, replacement of the rear seat frame. This proposed 
AD results from an occurrence of the rear seat hinge area failing in 
flight. We are proposing this AD to detect and correct cracking of the 
rear seat back hinge area and excessive elongation of the rear seat 
hinge bolt hole, either of which could result in failure of the seat 
back. This failure could lead to a rear-seated pilot or passenger 
inadvertently interfering with the control stick while attempting to 
not roll to the rear of the airplane upon seat back failure. 
Consequently, this failure could result in loss of control.

DATES: We must receive comments on this proposed AD by September 28, 
2009.

[[Page 40782]]


ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
American Champion Aircraft Corporation, P.O. Box 37, 32032 Washington 
Ave., Rochester, Wisconsin 53167; telephone: (262) 534-6315; fax: (262) 
534-2395; Internet: http://www.amerchampionaircraft.com/Technical/Technical.html.

FOR FURTHER INFORMATION CONTACT: Wess Rouse, Aerospace Engineer, 2300 
East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: 
(847) 294-8113; fax: (847) 294-7834.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2009-0745; Directorate Identifier 2009-CE-036-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    We received information that during a training flight on an 
American Champion Aircraft Corp. Model 8KCAB airplane the rear seat 
hinge failed. While performing spins, with the student pilot in the 
front seat and the instructor pilot in the rear seat, the rear seat 
hinge broke, which resulted in the rear seat back failing. The 
instructor pilot partially fell into the baggage area. The student and 
the instructor were able to recover from the spins and landed safely at 
the airport.
    The Models 7GCAA, 7GCBC, 7KCAB, and 8GCBC airplanes incorporate the 
same or similar seat configuration.
    This condition, if not corrected, could result in failure of the 
rear seat back. This failure could lead to a rear-seated pilot or 
passenger inadvertently interfering with the control stick while 
attempting to not roll to the rear of the airplane upon seat back 
failure. Consequently, this failure could result in loss of control.

Relevant Service Information

    We have reviewed American Champion Aircraft Corp. Service Letter 
No. 431, dated July 20, 2009.
    The service information describes procedures for inspecting the 
rear seat hinge areas for cracking and excessive elongation of the rear 
seat hinge bolt and, if cracking or excessive elongation is found, 
replacing the rear seat frame.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This proposed AD 
would require inspecting the rear seat back hinge areas for cracking 
and excessive elongation of the rear seat hinge bolt hole and, if 
cracking or excessive elongation is found, replacing the rear seat 
frame.

Costs of Compliance

    We estimate that this proposed AD would affect 2,000 airplanes in 
the U.S. registry.
    We estimate the following costs to do the proposed inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
.5 work-hour x $80 per hour = $40............  Not applicable.................             $40          $80,000
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of airplanes that may need 
this replacement:

------------------------------------------------------------------------
                                                       Total cost per
         Labor cost                Parts cost             airplane
------------------------------------------------------------------------
1.5 work-hours x $80 per      Remanufactured seat   Remanufactured seat
 hour = $120.                  $200, New standard    $320, New standard
                               seat $645, New wide   seat $765, New wide
                               seat $765.            seat $885.
------------------------------------------------------------------------

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.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the proposed 
regulation:

[[Page 40783]]

    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://www.regulations.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

American Champion Aircraft Corp.: Docket No. FAA-2009-0745; 
Directorate Identifier 2009-CE-036-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by September 28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, 
and 8GCBC airplanes, all serial numbers, that are:
    (1) Manufactured prior to 1989;
    (2) Equipped with folding rear seat backs; and
    (3) Certificated in any category.

Unsafe Condition

    (d) This AD results from an occurrence of the rear seat frame 
failing in flight. We are proposing this AD to detect and correct 
cracking of the rear seat back hinge area and excessive elongation 
of the rear seat hinge bolt hole, which could result in failure of 
the rear seat back. This failure could lead to a rear-seated pilot 
or passenger inadvertently interfering with the control stick while 
attempting to not roll to the rear of the airplane upon seat back 
failure. Consequently, this failure could result in loss of control.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the rear seat     Within the next 25    Follow American
 back hinge area for           hours time-in-        Champion Aircraft
 cracking and elongation of    service (TIS) after   Corp. Service
 the rear seat hinge bolt      the effective date    Letter No. 431,
 hole.                         of this AD and        dated July 20,
                               repetitively          2009.
                               thereafter at
                               intervals not to
                               exceed every 100
                               hours TIS or every
                               12 months,
                               whichever occurs
                               first.
(2) If cracking or excessive  Before further        Follow American
 elongation of the rear seat   flight after the      Champion Aircraft
 bolt hole is found during     inspection where      Corp. Service
 any inspection required in    cracking or           Letter No. 431,
 paragraph (e)(1) of this      excessive             dated July 20,
 AD, replace the seat frame    elongation of the     2009.
 with a factory                rear seat bolt hole
 remanufactured seat frame,    is found.
 a new part number (P/N) 7-
 1500 (standard) seat frame,
 or a new P/N 7-1501 (wide)
 seat frame. Replacement of
 the seat frame terminates
 the repetitive inspections
 requirements of this AD.
(3) You may at any time       Not applicable......  Follow American
 replace the rear seat frame                         Champion Aircraft
 with a factory                                      Corp. Service
 remanufactured seat frame,                          Letter No. 431,
 a new part number (P/N) 7-                          dated July 20,
 1500 (standard) seat frame,                         2009.
 or a new P/N 7-1501 (wide)
 seat frame to terminate the
 repetitive inspection
 requirements of this AD.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Chicago Aircraft Certification Office, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to ATTN: Wess 
Rouse, Aerospace Engineer, 2300 East Devon Avenue, Room 107, Des 
Plaines, Illinois 60018; telephone: (847) 294-8113; fax: (847) 294-
7834. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your appropriate principal inspector (PI) in 
the FAA Flight Standards District Office (FSDO), or lacking a PI, 
your local FSDO.

Related Information

    (g) To get copies of the service information referenced in this 
AD, contact American Champion Aircraft Corporation, P.O Box 37, 
32032 Washington Ave., Rochester, Wisconsin 53167; telephone: (262) 
534-6315; fax: (262) 534-2395; Internet: http://www.amerchampionaircraft.com/Technical/Technical.html. To view the 
AD docket, go to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
http://www.regulations.gov.

    Issued in Kansas City, Missouri, on August 7, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-19448 Filed 8-12-09; 8:45 am]
BILLING CODE 4910-13-P