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[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Rules and Regulations]
[Pages 42045-42047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20316]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-66-AD; Amendment 39-10098; AD 97-15-07]
RIN 2120-AA64

Airworthiness Directives; Aeromot-Industria Mecanico Metalurgica 
Ltda. Model AMT-200 Powered Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 97-15-07, which was sent 
previously to all known U.S. owners and operators of Aeromot-Industria 
Mecanico Metalurgica Ltda. (Aeromot) Model AMT-200 powered sailplanes. 
This AD requires immediately inspecting, using non-destructive testing 
(NDT) methods, the forward horizontal stabilizer front bolt, P/N 53451, 
for defects (scratches, damaged threads, or surface cracks, etc.), and 
replacing the bolt immediately if found defective or at a certain time 
period if not found defective. This AD was the result of a failure of 
the forward horizontal stabilizer bolt, part number (P/N) 53451, on one 
of the affected powered sailplanes. This failure was caused by a low 
cycle fatigue crack that was induced by overtorquing the bolt. The 
actions specified by this AD are intended to prevent failure of the 
forward horizontal stabilizer bolt, which could result in separation of 
the horizontal stabilizer from the powered sailplane and consequent 
loss of control.

DATES: Effective August 15, 1997, to all persons except those to whom 
it was made immediately effective by priority letter AD 97-15-07, 
issued July 11, 1997, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 15, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before September 30, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 97-CE-66-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
Grupo Aeromot, Aeromot-Industria Mecanico Metalurgica Ltda., Av. das 
Industries-1210, Bairro Anchieta, Caixa Postal 8031, 90200-Porto 
Alegre-RS, Brazil. This information may also be examined at the Rules 
Docket at the address above, or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis Jackson, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, Campus Building, 
1701 Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748; 
telephone (404) 305-7358; facsimile (404) 305-7348.

SUPPLEMENTARY INFORMATION:

Events Leading to This AD

    The Centro Tecnico Aeroespacial (CTA), which is the airworthiness 
authority for Brazil, notified the FAA that an unsafe condition may 
exist on certain Aeromot Model AMT-200 powered sailplanes. The CTA of 
Brazil reported a failure of the forward horizontal stabilizer bolt, 
part number (P/N) 53451. This failure was caused by a low cycle fatigue 
crack that was induced by overtorquing the bolt.
    The horizontal stabilizer bolts on the Aeromot Models AMT-100 and 
AMT-200 powered sailplanes are torqued with a special wrench provided 
by the manufacturer at delivery of the powered sailplane. When this 
special wrench is utilized, overtorquing of these bolts is impossible. 
When the forward horizontal stabilizer bolt on the eight Aeromot Model 
AMT-200 powered sailplanes affected by this priority letter AD were 
torqued at the factory, this special wrench was not used and these 
forward horizontal stabilizer bolts were overtorqued.

Relevant Service Information and CTA Action

    Aeromot has issued Service Bulletin S.B. No. 100-53-042, Issue 
Date: June 6, 1997; Revision Date: REV.1, July 3, 1997. This service 
bulletin includes procedures for inspecting and replacing the forward 
horizontal stabilizer front bolt on the affected Aeromot Model AMT-100 
powered sailplanes.
    The CTA for Brazil classified this service bulletin as mandatory 
and issued CTA EAD No. 97-07-01, in order to assure the continued 
airworthiness of these airplanes in Brazil.

The FAA's Determination and Explanation of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Aeromot Model AMT-200 powered sailplanes of 
the same type design, the FAA issued priority letter AD 97-15-07, dated 
July 11, 1997, to prevent failure of the forward horizontal stabilizer 
bolt, which could result in separation of the horizontal stabilizer 
from the powered sailplane and consequent loss of control. The AD 
requires immediately inspecting, using non-destructive testing (NDT) 
methods, the forward horizontal stabilizer front bolt, P/N 53451, for 
defects (scratches, damaged threads, or surface cracks, etc.), and 
replacing the bolt immediately if found defective or at a certain time 
period if not found defective.
    Accomplishment of the required inspection and replacement is in 
accordance with Aeromot Industria Ltda Service Bulletin S.B. No. 100-
53-042, Issue Date: June 6, 1997; Revision Date: REV.1, July 3, 1997. 
This AD also allows the option of replacing the bolt immediately 
instead of accomplishing the NDT inspection.
    Sections 61.107 (d)(1) and 61.127 (d)(1) of the Federal Aviation 
Regulations (14 CFR 61.107 (d)(1) and 14 CFR 61.127 (d)(1)) give flight 
proficiency requirements for pilots, including the assembly and 
disassembly of gliders and sailplanes. Therefore, the pilot is 
authorized to accomplish the bolt replacement required by this AD.

Determination of the Effective Date of the AD

    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on July 11, 1997, to all

[[Page 42046]]

known U.S. operators of Aeromot Model AMT-200 powered sailplanes. These 
conditions still exist, and the AD is hereby published in the Federal 
Register as an amendment to section 39.13 of the Federal Aviation 
Regulations (14 CFR 39.13) to make it effective as to all persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the rules docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-66-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a ``significant regulatory action'' 
under Executive Order 12866. It has been determined further that this 
action involves an emergency regulation under DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979). If it is determined 
that this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the rules docket. A copy of it, if filed, may 
be obtained from 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 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:

97-15-07  Aeromot-Industria Mecanico Metalurgica LTDA.: Amendment 
39-10098; Docket No. 97-CE-66-AD.

    Applicability: Model AMT-200 powered sailplanes, serial numbers 
200.057, 200.058, 200.059, 200.063, 200.065, 200.066, 200.071, and 
200.072, certificated in any category.

    Note 1: This AD applies to each powered sailplane 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 powered sailplanes 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 (e) 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 after the effective date of 
this AD, unless already accomplished, except to those operators 
receiving this action by priority letter issued July 11, 1997, which 
made these actions effective immediately upon receipt.
    To prevent failure of the forward horizontal stabilizer bolt, 
which could result in separation of the horizontal stabilizer from 
the powered sailplane and consequent loss of control, accomplish the 
following:
    (a) Prior to further flight after the effective date of this AD, 
inspect, using non-destructive testing (NDT) methods, the forward 
horizontal stabilizer front bolt, part number (P/N) 53451, for 
defects (scratches, damaged threads, or surface cracks, etc.). If 
any defects are found, prior to further flight, replace the bolt 
with a new one of the same part number. Accomplish the inspection 
and replacement in accordance with the instructions in Aeromot 
Industria Ltda Service Bulletin S.B. No. 100-53-042, Issue Date: 
June 6, 1997; Revision Date: REV.1, July 3, 1997.
    (b) Within 25 hours time-in-service (TIS) after the effective 
date of this AD, unless already accomplished as required by 
paragraph (a) of this AD, replace the forward horizontal stabilizer 
front bolt, P/N 53451, with a new one of the same part number. 
Accomplish the replacement in accordance with the instructions in 
Aeromot Industria Ltda Service Bulletin S.B. No. 100-53-042, Issue 
Date: June 6, 1997; Revision Date: REV.1, July 3, 1997.
    (c) The replacement required by this AD may be accomplished 
prior to further flight after the effective date of this AD in place 
of the inspection required by paragraph (a) of this AD.
    (d) Sections 61.107 (d)(1) and 61.127 (d)(1) of the Federal 
Aviation Regulations (14 CFR 61.107 (d)(1) and 14 CFR 61.127 (d)(1)) 
give flight proficiency requirements for pilots, including the 
assembly and disassembly of gliders and sailplanes. Therefore, the 
bolt replacement required by this AD may be performed by the powered 
sailplane owner/operator holding at least a private pilot 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR 43.7), and must be entered into the aircraft 
records showing compliance with this AD in accordance with section 
43.11 of the Federal Aviation Regulations (14 CFR 43.11).
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Atlanta Aircraft Certification Office 
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College 
Park, Georgia 30337-2748. The request shall be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Atlanta ACO.
    (f) The inspection and replacement required by this AD shall be 
done in accordance Aeromot Industria Ltda Service Bulletin S.B. No. 
100-53-042, Issue Date: June 6, 1997; Revision Date: REV.1, July 3, 
1997. 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 Grupo Aeromot, Aeromot-
Industria Mecanico Metalurgica Ltda., Av. das

[[Page 42047]]

Industries-1210, Bairro Anchieta, Caixa Postal 8031, 90200-Porto 
Alegre-RS, Brazil. 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.
    (g) This amendment (39-10098) becomes effective on August 15, 
1997, to all persons except those persons to whom it was made 
immediately effective by priority letter AD 97-15-07, issued July 
11, 1997, which contained the requirements of this amendment.
    Issued in Kansas City, Missouri, on July 21, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-20316 Filed 8-4-97; 8:45 am]
BILLING CODE 4910-13-U
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