Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations 30307

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–121–AD; Amendment

39–12255; AD 2000–25–02 R1]

RIN 2120–AA64

Airworthiness Directives; American

Champion Aircraft Corporation 7, 8,

and 11 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This amendment clarifies

information contained in Airworthiness

Directive (AD) 2000–25–02, which

concerns certain American Champion

Aircraft Corporation (ACAC) 7, 8, and

11 series airplanes. This AD currently

requires inspecting the front and rear

wood spars for damage, including

installing any as-needed inspection

holes; and repairing or replacing any

damaged wood spar. We incorrectly

referenced the initial inspection

compliance time of this AD as

‘‘whichever occurs later.’’ The notice of

proposed rulemaking (NPRM) contained

the correct reference of ‘‘whichever

occurs first.’’ This action revises the AD

to reflect the correct reference in the

compliance time. The actions specified

by this AD are intended to detect and

repair or replace damaged wood wing

spars. Continued operation with such

damage could progress to in-flight

structural failure of the wing with

consequent loss of control of the

airplane.

EFFECTIVE DATE: The effective date of

this AD is July 13, 2001.

The Director of the Federal Register

previously approved the incorporation

by reference of American Champion

Aircraft Corporation (ACAC), Service

Letter 406, Revision A, dated May 6,

1998, as of January 19, 2001 (65 FR

78905, December 18, 2000).

ADDRESSES: You may get service

information referenced in this AD from

the American Champion Aircraft

Corporation, P.O. Box 37, 32032

Washington Avenue, Highway D,

Rochester, Wisconsin 53167; internet

address:

www.amerchampionaircraft.com. You

may examine this information at the

Federal Aviation Administration (FAA),

Central Region, Office of the Regional

Counsel, Attention: Rules Docket No.

98–CE–121–AD, 901 Locust, Room 506,

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.

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:

Discussion

Has FAA taken any action to this

point? A review of the service history of

ACAC 7, 8, and 11 series airplanes that

incorporate wood wing spars caused

FAA to issue AD 2000–25–02,

Amendment 39–12036 (65 FR 78905,

December 18, 2000), which applies to

certain American Champion Aircraft

Corporation (ACAC) 7, 8, and 11 series

airplanes. The AD currently requires

inspecting the front and rear wood spars

for damage, including installing any asneeded inspection holes; and repairing

or replacing any damaged wood spar.

What has happened since AD 2000–

25–02 to initiate this action? The

compliance time of the initial

inspection of AD 2000–25–02 is written

as 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 later. We

incorrectly referenced this compliance

time as ‘‘whichever occurs later.’’ The

notice of proposed rulemaking (NPRM)

(64 FR 29972, June 4, 1999) contained

the correct reference of ‘‘whichever

occurs first.’’

What has FAA determined?

Consequently, FAA has determined that

AD 2000–25–02 should be revised to

ensure that the inspections and

necessary replacements are

accomplished in a timely manner.

Correction of Publication

What is the intent of this action? This

document clarifies the intent of the

compliance time by changing the

‘‘whichever occurs later’’ reference of

the initial compliance time of AD 2000–

25–02 to ‘‘whichever occurs first.’’ This

document also adds the amendment to

section 39.13 of the Federal Aviation

Regulations (14 CFR 39.13).

This action only clarifies the intent of

AD 2000–25–02 and makes a change to

reflect what was originally proposed. It

has no adverse economic impact and

imposes no additional burden on any

person than would have been necessary

to accomplish the AD. Therefore, FAA

has determined that prior notice and

opportunity for public comment are

unnecessary.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, under 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. FAA amends § 39.13 by removing

Airworthiness Directive (AD) 2000–25–

02, Amendment 39–12036 (65 FR

78905, December 18, 2000), and by

adding a new AD to read as follows:

2000–25–02 R1 American Champion

Aircraft Company (ACAC): Amendment

39–12255; Docket No. 98–CE–121–AD;

Revises AD 2000–25–02, Amendment

39–12036; which superseded AD 98–05–

04, Amendment 39–10365 (63 FR 10297,

March 3, 1998).

(a) What airplanes are affected by this AD?

This AD applies to the following airplane

models, all serial numbers, certificated in any

category, that are equipped with wood wing

spars:

(1) Group 1 airplanes: ACAC Models 7AC,

7ACA, S7AC, 7BCM (L–16A), 7CCM (L–16B),

S7CCM, 7DC, S7DC, 7EC, S7EC, 7FC, 7JC,

11AC, S11AC, 11BC, S11BC, 11CC, and

S11CC airplanes that have not been modified

to incorporate an engine with greater than 90

horsepower.

(2) Group 2 airplanes: ACAC Models 7ECA,

7GC, 7GCA, 7GCAA, 7GCB, 7GCBA, 7GCBC,

7HC, 7KC, 7KCAB, 8GCBC, and 8KCAB

airplanes; and any of the airplane models

referenced in paragraph (a)(1) of this AD that

have been modified to incorporate an engine

with greater than 90 horsepower.

(b) Who must comply with this AD?

Anyone who wishes to operate any of the

above airplanes must comply with this AD.

(c) What problem does this AD address?

The actions specified by this AD are intended

to detect and repair or replace damaged wood

wing spars. Continued operation with such

cracks and damage could progress to an inflight structural failure of the wing with

consequent loss of control of the airplane.

(d) What actions must be accomplished on

all Group 1 airplanes to address this

problem? For any Group 1 airplane as

referenced in paragraph (a)(1) of this AD, the

following must be accomplished to address

the problem:

30308 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations

Action Compliance time Procedures

(1) Inspection Requirements: Inspect (detailed

visual) the entire length of the front and rear

wood wing spars for cracks, compression

cracks, longitudinal cracks through the

boltholes or nail holes, or loose or missing rib

nails. We will refer to these conditions as

damage throughout the rest of this section.

Initially inspect at the first annual inspection

that occurs 30 calendar days or more after

July 13, 2001 (the effective date of this AD

revision) or within the next 13 calendar

months after January 19, 2001 (the effective date of AD 2000–25–02), whichever occurs first.

Accomplish in accordance with the instructions in ACAC Service Letter No. 406, Revision A, dated May 6, 1998. This service

bulletin specifies as an FAA-approved inspection option using a high-intensity flexible light (e.g., ‘‘Bend-A-Light’’). A regular

flashlight must not be used for this portion

of the inspection. Alternative FAA-approved

inspection options are listed in this service

bulletin.

(2) Additional Inspection Requirements: If, after

January 19, 2001 (the effective date of AD

2000–25–02), any airplane is involved in an

accident/incident that involves wing damage

(e.g., wing surface deformations such as

abrasions, gouges, scratches, or dents, etc.)

accomplish the inspection required in paragraph (d)(1) of this Ad.

Prior to further flight after each accident/incident that involved wing damage.Accomplish in accordance with the instructions in ACAC Service Letter No. 406, Revision A, dated May 6, 1998. This service

bulletin specifies as an FAA-approved inspection option using a high-intensity flexible light (e.g., ‘‘Bend-A-Light’’). A regular

flashlight must not be used for this portion

of the inspection. Alternative FAA-approved

inspection options are listed in this service

bulletin.

(3) Replacement Requirements: If any damage

is found during any inspection required by

this AD, repair or replace the wood spar.

Prior to further flight after the inspection

where the damage is found.

In accordance with Advisory Circular (AC)

43.13–1B, Acceptable Methods, Techniques, and Practices; or other data that is

FAA-approved for wing spar repair or replacement.

(4) Reporting Requirements: If any damage is

found during any inspection required by this

AD, submit a Malfunction or Defect Report

(M or D), FAA Form 8010–4, to the FAA.

Within 10 days after the inspection where the

damage was found or within 10 days after

January 19, 2001 (the effective date of AD

2000–25–02), whichever occurs later..

Mail the information to: FAA, Chicago Aircraft

Certification Office (ACO), Attention: Docket

No. 98–CE–121–AD, 2300 E. Devon Avenue, Des Plaines, Illinois 60018; facsimile:

(847) 294–7834. You may also file electronically as discussed in this AD.

(i) Include the airplane model and serial number, the extent of the damage (location and

type), and the number of total hours time-inservice (TIS) on the damaged wing.

(ii) You may submit M or D reports electronically by accessing the FAA AFS–600 web

page at http://www.mmac.jccbi.gov/afs/

afs600. Because you will lose access to the

report once you electronically submit it, we

recommend that you print two copies prior to

submitting the report and forward one to the

Chicago ACO and keep the other for your

records.

(iii) The Office of Management and Budget

(OMB) approved the information collection requirements contained in this regulation under

the provisions of the Paperwork Reduction

Act of 1980 (14 U.S.C. 3501 et seq.). The

OMB assigned this approval Control Number

2120–0056.

(e) What actions must be accomplished on all Group 2 airplanes to address this problem? For any Group 2 airplane as referenced

in paragraph (a)(2) of this AD, the following must be accomplished to address the problem:

Action Compliance time Procedures

(1) Inspection Requirements: Inspect (detailed

visual) the entire length of the front and rear

wood wing spars for cracks, compression

cracks, longitudinal cracks through the

boltholes or nail holes, or loose or missing rib

nails. We will refer to these conditions as

damage throughout the rest of this section.

Initially inspect at the first annual inspection

that occurs 30 calendar days or more after

July 13, 2001 (the effective date of this AD

revision) or within the next 13 calendar

months after January 19, 2001 (the effective date of AD 2000–25–02), whichever occurs first. Repetitively inspect thereafter at

intervals not to exceed 500 hours time-inservice (TIS) or 12 calendar months, whichever occurs first.

Accomplish in accordance with the instructions in American Champion Aircraft Corporation (ACAC) Service Letter No. 406,

Revision A, dated May 6, 1998. This service bulletin specifies an FAA-approved inspection option using a high-intensity flexible light (e.g., ‘‘Bend-A-Light’’). A regular

flashlight must not be used for this portion

of the inspection. Alternative FAA approved

inspection options are listed in this service

bulletin.

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations 30309

Action Compliance time Procedures

(2) Additional Inspection Requirements: If, after

January 19, 2001 (the effective date of AD

2000–25–02), any airplane is involved in an

accident/incident that involves wing damage

(e.g., wing surface deformations such as

abrasions, gouges, scratches, or dents, etc.),

accomplish the inspection required in paragraph (e)(1) of this AD.

Prior to further flight after each accident/incident that involved wing damage.Accomplish in accordance with the instructions in American Champion Aircraft Corporation (ACAC) Service Letter No. 406,

Revision A, dated May 6, 1998. This service bulletin specifies an FAA-approved inspection option using a high-intensity flexible light (e.g., ‘‘Bend-A-Light’’). A regular

flashlight must not be used for this portion

of the inspection. Alternative FAA-approved

inspection options are listed in this service

bulletin.

(3) Replacement Requirements: If any damage

is found during any inspection required by

this AD, repair or replace the wood spar.

Prior to further flight after the inspection

where the damage is found.

In accordance with Advisory Circular (AC)

43.13–1B, Acceptable Methods, Techniques, and Practices; or other data that is

FAA-approved for wing spar repair or replacement.

(4) Reporting Requirement: If any damage is

found during any inspection required by this

AD, submit a Malfunction or Defect Report

(M or D), FAA Form 8010–4, to the FAA.

Within 10 days after the inspection where the

damage was found or within 10 days after

January 19, 2001 (the effective date of AD

2000–25–02), whichever occurs later.

Mail the information to: FAA, Chicago Aircraft

Certification Office (ACO), Attention: Docket

98–CE–121–AD, 2300 E. Devon Avenue,

Des Plaines, Illinois 60018; facsimile: (847)

294–7834. You may also file electronically

as discussed in this AD.

(i) Include the airplane model and serial number, the extent of the damage (location and

type), and the number of total TIS on the

damaged wing.

(ii) You may submit M or D reports electronically by accessing the FAA AFS–600 web

page at http://www.mmac.jccbi.gov/afs/

afs600. Because you will lose access to the

report once you electronically submit it, we

recommend printing two copies prior to submitting the report and forward one to the Chicago ACO and keep the other for your

records.

(iii) The Office of Management and Budget

(OMB) approved the information collection requirements contained in this regulation under

the provisions of the Paperwork Reduction

Act of 1980 (14 U.S.C. 3501 et seq.). The

OMB assigned this approval Control Number

2120–0056.

(f) Can I comply with this AD in any other

way?

(1) You may use an alternative method of

compliance or adjust the compliance time if:

(i) Your alternative method of compliance

provides an equivalent level of safety; and

(ii) The Manager, Chicago Aircraft

Certification Office, approves your

alternative. Submit your request through an

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager.

(2) ACAC Service Letter 406, Revision A,

and ACAC Service 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.

(3) Alternative methods of compliance

approved in accordance with AD 2000–25–02

and AD 98–05–04 are approved as alternative

methods of compliance for this AD.

Note: This AD applies to each airplane

identified in paragraph (a) of this AD,

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 (f)

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 you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(g) Where can I get information about any

already-approved alternative methods of

compliance? Contact the Chicago Aircraft

Certification Office, 2300 E. Devon Avenue,

Des Plaines, Illinois 60018; telephone: (847)

294–7697; facsimile: (847) 294–7834.

(h) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD.

(i) Are any service bulletins incorporated

into this AD by reference? The inspections

required by this AD must be done in

accordance with American Champion

Aircraft Corporation (ACAC), Service Letter

406, Revision A, dated May 6, 1998. The

Director of the Federal Register previously

approved this incorporation by reference

under 5 U.S.C. 552(a) and 1 CFR part 51, as

of January 19, 2001 (65 FR 78905, December

18, 2000). You can get copies from the

American Champion Aircraft Corporation,

P.O. Box 37, 32032 Washington Avenue,

Highway D, Rochester, Wisconsin 53167;

internet address:

‘‘www.amerchampionaircraft.com’’. You can

look at copies at FAA, Central Region, Office

of the Regional Counsel, 901 Locust, Room

506, Kansas City, Missouri, or at the Office

of the Federal Register, 800 North Capitol

Street, NW, suite 700, Washington, DC.

(j) Are other AD’s affected by this action?

This amendment revises AD 2000–25–02,

Amendment 39–12036; which superseded

AD 98–05-04, Amendment 39–10365.

(k) When does this amendment become

effective? This amendment becomes effective

on July 13, 2001.

30310 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations

Issued in Kansas City, Missouri, on May

30, 2001.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 01–14143 Filed 6–5–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, 125 and 135

Exemptions and Exceptions for Flight

Data Recorder Requirements

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Statement of policy.

SUMMARY: This document identifies the

current FAA policies regarding requests

for exemption or exception from the

operating rules governing the use of

flight data recorders in either fixed-wing

aircraft or rotorcraft. The final

compliance date for the 1997 rule

changes and policy changes adopted in

1997 is August 20, 2001. The Federal

Aviation Administration (FAA) is

publishing this document to provide

guidance to operators that have applied

or expect to apply for an exemption or

exception from the flight data recorder

requirements of any operating part.

FOR FURTHER INFORMATION CONTACT: Mr.

Howard Swancy, Special Assistant to

the Director (AFS–3), Flight Standards

Service, FAA, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–8237.

SUPPLEMENTARY INFORMATION:

Background

In 1997, the Federal Aviation

Administration promulgated new

operational regulations for flight data

recorders (FDRs) (62 FR 38362, July 17,

1997). At that time, the agency also

withdrew a previous information

bulletin that stated policy regarding

earlier FDR regulations.

Following the publication of the rule

and policy statement, the FAA began to

receive requests for exemption from the

regulations. The FAA uses the term

exemption to refer to temporary relief

from a regulation as granted to a specific

petitioner. The FAA is currently

reviewing all requests and exemptions

in effect regarding FDRs to determine

whether they will be made permanent,

rescinded, or allowed to expire in the

final compliance date, August 20 of this

year.

When the 1997 rule was promulgated,

the FAA included in § 121.344(l)(2),

§ 121.344a(f), § 125.226(l)(2), and

§ 135.152(k) those aircraft models that

the FAA found were too old, too few,

and too expensive to upgrade and still

be economically viable to operate. These

aircraft were excepted from the FDR

requirements and have permanent relief

from compliance with the FDR

regulations of the applicable section.

The FAA indicated that if operators

found that additional aircraft models

should be considered for permanent

exception, a petition for rulemaking that

included full support for the exception

request should be submitted. Since that

time, there have been a considerable

number of requests filed.

Following this paragraph is a list of

the minimum information necessary to

be submitted for each aircraft model

requesting an exception. Petitioners that

already have submitted petitions should

review this list and consider

supplementing their petitions if they

have not previously provided the

necessary information. The FAA will

consider any information submitted and

determine whether more information is

necessary for the agency to make a

decision whether it is appropriate to

propose exception status for a particular

aircraft model. Petitioners are cautioned

that exception status should not be

considered automatic when information

is submitted, nor should any grant of a

temporary exemption from the FDR

requirements while an exception

request is pending be used to presume

that permanent exception status will be

granted. This applies to exemptions

already issued that expire after August

20, 2001, as well. The FAA anticipates

that some aircraft models that have been

granted exemptions may not qualify for

exception status, and will have to be

modified to fully comply with the

applicable regulations.

• Is this model currently in

production?

• What other models are currently in

production (or not in production) that

are similar to this model?

• If this model is not currently in

production, is there another model that

is similar in a way that would facilitate

this model’s adaptability for FDR

retrofit?

• How many aircraft of this model

were produced by the manufacturer?

How many of similar models?

• How many are still in operation in

the United States? How many

worldwide?

• Does a supplemental type certificate

(STC) exist to retrofit this model (or a

similar model) with the required flight

data recorder equipment?

• If no STC exists, what is the

expected detailed cost to develop a

digital flight data recorder (DFDR) STC

for this model? Provide the source of

your estimates, including a person who

the FAA may contact for verification.

Estimates that do not include support

from a person or organization qualified

to make the estimate will not be

accepted.

• What is the expected cost of STC

installation per aircraft? Provide a

source of information as discussed

above.

• What is the estimated downtime per

aircraft to install the required

equipment? Provide a source for your

information as discussed above.

• Operator estimate of cost of aircraft

downtime per week for retrofit.

• Costs may be estimated as a range

but must be noted as to how the range

was established.

• Other information specific to an

individual petition for rulemaking may

be requested by the agency based on the

circumstances presented.

Although only one complete petition for

exception need be submitted for each

model aircraft, operators are advised not

to rely on the submissions of other

operators that are seeking relief for the

same or similar model aircraft. The FAA

will accept materials from petitioners

jointly, but will not assemble material

from separate petitions to make a

complete case for a particular aircraft

model.

Petitioners should also be precise as

to what requirements they are seeking

relief from. No petitioner may expect

that exemption or exception status will

allow them to remove operational FDR

equipment. For example, if an airplane

meets the current FDR regulations but

petitions for relief from the upgrades

required by the 1997 rules, only upgrade

relief will be considered. The current

regulations must continue to be met,

and all installed equipment must

continue to be used and maintained

according to the regulations. Further,

these aircraft should not be presumed to

be expected from future changes to the

regulations.

Those submitting petitions for

rulemaking to seek exception to the FDR

requirements should submit the

required information to the following:

(1) For paper submissions, send the

original signed copy of your petition for

rulemaking to U.S. Department of

Transportation, Docket Management

System, 400 7th Street, SW., Room PL

401, Washington, DC 20591–0001; or (2)

For electronic submissions, submit your

petition to FAA through the Internet

using the Docket Management System

web site at this Internet address: http:/

/dms.dot.gov/.