26964 Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 /Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–48–AD; Amendment 39–

10524; AD 98–10–12]

RIN 2120–AA64

Airworthiness Directives; REVO,

Incorporated Models Colonial C–2,

Lake LA–4, Lake LA–4A, Lake LA–4P,

and Lake LA–4–200 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all REVO, Incorporated

(REVO) Models Colonial C–2, Lake LA–

4, Lake LA–4A, Lake LA–4P, and Lake

LA–4–200 airplanes. This action

requires measuring for a clearance of 5⁄32

of an inch between the attachment

fitting and the horizontal stabilizer rear

beam, and a clearance of 1⁄16 of an inch

between the attachment fitting and the

stabilizer skin. If either area does not

meet these minimum measurements,

this AD requires removing the affected

horizontal tail half from the airplane

and inspecting the attachment fitting for

any evidence of fretting, cracking, or

corrosion. If cracks, fretting, or

corrosion are present, the attachment

fitting must be replaced with a new

fitting, and the stabilizer skin must be

trimmed to provide a positive clearance

for the fitting. This action is prompted

by an incident report of an airplane

losing control during flight after the

attachment fitting to the horizontal

stabilizer fractured. The actions

specified by this AD are intended to

prevent fatigue cracks to the horizontal

and vertical stabilizer attachment fitting,

which could result in loss of control of

the airplane.

DATES: Effective June 8, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 8,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 8, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–48–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Service information that applies to

this AD may be obtained from REVO,

Incorporated, 50 Airport Road, Laconia

Airport, Laconia, New Hampshire,

03246. This information may also be

examined at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–48–

AD, 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: Mr.

Richard B. Noll, Aerospace Engineer,

FAA, Aircraft Certification Office, 12

New England Executive Park,

Burlington, Massachusetts 01803,

telephone: (781) 238–7160; facsimile:

(781) 238–7199.

SUPPLEMENTARY INFORMATION:

Discussion

The FAA recently received a report of

loss of control on a REVO, Incorporated

Lake LA–4 series airplane during flight.

The report indicated that during climbout following take-off, the pilot heard a

loud bang, and the airplane pitched over

into a vertical dive, with loss of elevator

control. During the pilot’s efforts to

regain control, another loud bang was

heard and sufficient control was

regained to manage a safe landing.

Further investigation of the incident and

inspection of the subject airplane

revealed interference between the

horizontal stabilizer skin and the

attachment fitting. This interference

caused fretting, which led to fatigue

cracking and associated corrosion of the

attachment fitting. The fracture of the

attachment fitting resulted in loss of

directional control of the airplane.

Relevant Service Information

REVO has issued Service Bulletin B–

78, dated April 3, 1998, applicable to

Models Colonial C–2, Lake LA–4, Lake

LA–4A, Lake LA–4P, and Lake LA–4–

200 airplanes, which specifies

procedures for:

—Measuring the gap between the

horizontal stabilizer rear beam and

the attachment fitting for a clearance

of 5⁄32 of an inch,

—If the gap between the stabilizer rear

beam and the attachment fitting is less

than 5⁄32-inch, removing the fitting

and visually inspect for cracks,

fretting, or corrosion,

—If cracks, fretting, or corrosion is

present, replacing the attachment

fitting with a new fitting,

—Measuring the gap between the

attachment fitting and the horizontal

stabilizer skin for a clearance of 1⁄16 of

an inch, and

—If the clearance between the

horizontal stabilizer skin and the

attachment fitting is less than 1⁄16 of

an inch, but the other measurement is

at or greater than 5⁄32 of an inch,

trimming the stabilizer skin to

provide at least 1⁄16 of an inch

clearance.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

including the relevant service

information, the FAA has determined

that AD action should be taken to

prevent fatigue cracks in the horizontal

stabilizer attachment fitting, which if

not detected and corrected, could result

in loss of control of the airplane.

Explanation of the Provisions of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other REVO Colonial C–2,

Lake LA–4, Lake LA–4A, Lake LA–4P,

Lake LA–4–200 airplanes of the same

type design, this AD requires measuring

the gap between the horizontal stabilizer

rear beam and the attachment fitting for

correct clearance, and measuring the

gap between the attachment fitting and

the horizontal stabilizer skin for correct

clearance. If the gap between the

stabilizer rear beam and the attachment

fitting is not the correct clearance, the

action requires removing the horizontal

tail half to gain access to the fitting, and

visually inspecting for cracks, fretting,

or corrosion. If cracks, fretting, or

corrosion are present, the action

requires replacing the attachment fitting

with a new fitting. If the clearance

between the horizontal stabilizer skin

and the attachment fitting is not the

correct clearance, but the other

measurement is correct, the action

requires trimming the stabilizer skin to

provide acceptable clearance. The

actions are to be done in accordance

with the instructions in REVO Service

Bulletin B–78, dated April 3, 1998.

Determination of the Effective Date of

the AD

Since a situation exists (loss of

directional control of the airplane) that

requires the immediate adoption of this

regulation, it is found that notice and

opportunity for public prior comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

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
Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 /Rules and Regulations 26965

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. 98–CE–48–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

(otherwise, an evaluation is not

required). A copy of it, if filed, may be

obtained from the Rules Docket.

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. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

98–10–12 Revo, Incorporated: Amendment

39–10524; Docket No. 98–CE–48–AD.

Applicability: Models Colonial C–2, Lake

LA–4, Lake LA–4A, Lake LA–4P, and Lake

LA–4–200 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 (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 within the next 25

hours time-in-service (TIS) after the effective

date of this AD, unless already accomplished.

To prevent fatigue cracks in the horizontal

and vertical stabilizer attachment fitting,

which could result in loss of control of the

airplane, accomplish the following:

(a) Measure the gap between the horizontal

stabilizer rear beam and the attachment

fitting for a clearance of 5⁄32 of an inch in

accordance with the PROCEDURE section in

REVO Service Bulletin B–78, dated April 3,

1998.

(1) If the gap between the stabilizer rear

beam and the attachment fitting is less than

5⁄32-inch, prior to further flight, remove the

fitting and visually inspect or inspect using

a dye penetrant method for cracks, fretting,

or corrosion in accordance with the

INSPECTION AND REPAIR section in REVO

Service Bulletin B–78, dated April 3, 1998.

(2) If any crack, fretting, or corrosion is

present, prior to further flight, replace the

attachment fitting with a new fitting in

accordance with the INSPECTION AND

REPAIR section in REVO Service Bulletin B–

78, dated April 3, 1998.

(b) Measure the gap between the

attachment fitting and the horizontal

stabilizer skin for a clearance of 1⁄16 of an

inch in accordance with the PROCEDURE

section in REVO Service Bulletin B–78, dated

April 3, 1998.

(c) If the clearance between the horizontal

stabilizer skin and the attachment fitting is

less than 1⁄16 of an inch, but the measurement

required in paragraph (a) of this AD is at or

greater than 5⁄32 of an inch, prior to further

flight, trim the stabilizer skin to provide at

least 1⁄16-inch clearance in accordance with

the PROCEDURE section in REVO Service

Bulletin B–78, dated April 3, 1998.

(d) 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.

(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, Boston Aircraft

Certification Office, 12 New England

Executive Park, Burlington, Massachusetts

01803. The request shall be forwarded

through an appropriate FAA Maintenance

Inspector, who may add comments and then

send it to the Manager, Boston ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Boston ACO.

(f) The inspection, modification, and

replacement required by this AD shall be

done in accordance with REVO Service

Bulletin B–78, dated April 3, 1998. 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 REVO,

Incorporated, 50 Airport Road, Laconia

Airport, Laconia, New Hampshire, 03246.

Copies may be inspected at the FAA, Central

Region, Office of the Regional 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 becomes effective on

June 8, 1998.

Issued in Kansas City, Missouri, on May 1,

1998.

Michael Gallagher,

Manager, Small Aircraft Directorate, Aircraft

Certification Service.

[FR Doc. 98–12625 Filed 5–14–98; 8:45 am]

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