19540 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–CE–101–AD; Amendment

39–9584; AD 96–09–08]

RIN 2120–AA64

Airworthiness Directives; Aviat Aircraft

Inc. Models S–2A, S–2B, and S–2S

Airplanes (Formerly Pitts Models S–2A,

S–2B, and S–2S Airplanes)

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to Aviat Aircraft Inc., Models

S–2A, S–2B, and S–2S airplanes

(formerly Pitts Models S–2A, S–2B, and

S–2S airplanes). This action requires

inspecting the longerons aft of the rear

cabane struts for cracks, and if cracked,

prior to further flight, repairing the

cracks. Reports of longeron failure

caused by fatigue aft of the rear cabane

struts prompted this action. The actions

specified by this AD are intended to

prevent cracking and subsequent failure

of the longerons resulting in possible

loss of control of the airplane.

DATES: Effective May 20, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 20,

1996.

Comments for inclusion in the Rules

Docket must be received on or before

June 21, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 95–CE–101–

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

Kansas City, Missouri 64106.

Service information that applies to

this AD may be obtained from Aviat

Aircraft Inc., The Airport-Box No.

11240, 672 South Washington Street,

Afton, Wyoming, 83110; telephone (307)

886–3151; facsimile (307) 886–9674.

This information may also be examined

at the Federal Aviation Administration

(FAA), Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket 95–CE–101–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:

Roger Caldwell, Project Engineer, FAA,

Denver Aircraft Certification Office,

5440 Roslyn St., suite 133, Denver,

Colorado, 80216; telephone (303) 286–

5683; facsimile (303) 286–5689.

SUPPLEMENTARY INFORMATION: The FAA

has been notified that an unsafe

condition may exist on Aviat Models S–

2A, S–2B, and S–2S airplanes. The

owners/operators of several of these

airplanes have reported cracking and

failure of the longerons aft of the rear

cabane struts. One incident reported

that the cracked longeron made it very

difficult to control the airplane to a safe

landing.

Aviat has issued service bulletin (SB)

No. 24, dated February 8, 1996, which

specifies inspecting for cracks and

repairing any cracks found in the

longerons aft of the rear cabane struts.

After examining the circumstances

and reviewing all available information

related to the incidents described above,

the FAA has determined that AD action

should be taken in order to prevent

cracking and subsequent failure of the

longerons resulting in possible loss of

control of the airplane.

Since an unsafe condition has been

identified that is likely to exist or

develop in other Aviat Models S–2A, S–

2B, and S–2S airplanes of the same type

design registered for operation in the

United States, this AD requires:

—Inspecting the longerons around the

rear cabane struts for cracks,

—If no cracks are found, repetitively

inspecting, and

—If cracks are found during any

inspection, prior to further flight,

contact the Denver ACO manager for

an approved repair scheme

—Repair any cracks found according to

the approved repair scheme provided

by the ACO manger

The inspections are to be done in

accordance with the instructions in the

Aviat SB No. 24, dated February 8,

1996.

Since a situation exists 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

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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 95–CE–101–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 19541

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

96–09–08. Aviat Aircraft Inc.: Amendment

39–9584; Docket No. 95–CE–101–AD.

Applicability: Models S–2A, S–2B, and S–

2S airplanes (formerly Pitts Models S–2A, S–

2B, and S–2S 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 at the accumulation of

300 hours total time-in-service (TIS), or

within the next 25 hours TIS, whichever

occurs later, and thereafter at intervals not to

exceed 25 hours TIS, unless already

accomplished.

To prevent cracking and subsequent failure

of the longerons, which could result in loss

of control of the airplane, accomplish the

following:

(a) Inspect (using a 10x magnifying glass)

the longerons aft of the rear cabane struts for

cracks in accordance with paragraphs 1.)

through 5.) in the Aviat Service Bulletin (SB)

No. 24, dated February 8, 1996. If cracks are

found during any inspection required by this

AD, prior to further flight, contact the

Manager of the Denver ACO for an approved

repair scheme.

(b) Prior to further flight, repair any cracks

found in accordance with the approved

repair scheme provided by the ACO manager.

(c) Report the results of the initial

inspection to the Manager of the Denver

Aircraft Certification Office (ACO), FAA,

Denver Aircraft Certification Office, 5440

Roslyn St., suite 133, Denver, Colorado,

80216, within 10 days of the inspection. The

information provided should include

airplane model number, serial number,

registration number, location of cracks found,

number of cracks, and total TIS. Reporting

requirements have been approved by the

Office of Management and Budget and

assigned OMB control number 2120–0056.

(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 inspection requirements

of this AD can be accomplished, provided

that aerobatic flying is prohibited.

(e) 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, Denver Aircraft Certification Office,

FAA, Denver Aircraft Certification Office,

5440 Roslyn St., suite 133, Denver, Colorado,

80216. The request shall be forwarded

through an appropriate FAA Maintenance

Inspector, who may add comments and then

send it to the Manager, Denver Aircraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Denver Aircraft

Certification Office.

(f) The inspections required by this AD

shall be done in accordance with Aviat

Aircraft Inc. Service Bulletin No. 24, dated

February 8, 1996. 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 Aviat Aircraft Inc., The

Airport-Box No. 1240, 672 South Washington

Street, Afton, Wyoming, 83110. 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 (39–9584) becomes

effective on May 20, 1996.

Issued in Kansas City, Missouri, on April

22, 1996.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 96–10477 Filed 5–1–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 95–AGL–20]

Establishment of Class E Airspace;

Bigfork, MN

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

E airspace at Bigfork Municipal Airport,

Bigfork, MN, to accommodate a

Nondirectional Radio Beacon (NDB)

instrument approach procedure for

Runway 15. Controlled airspace

extending upward from 700 to 1200 feet

above ground level (AGL) is needed for

aircraft executing the approach.

EFFECTIVE DATE: 0901 UTC, August 15,

1996.

FOR FURTHER INFORMATION CONTACT:

John A. Clayborn, Air Traffic Division,

Operations Branch, AGL–530, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

SUPPLEMENTARY INFORMATION:

History

On Wednesday, December 13, 1995,

the FAA proposed to amend part 71 of

the Federal Aviation Regulations (14

CFR part 71) to establish Class E5

airspace at Bigfork Municipal Airport,

Bigfork, MN (60 FR 63993). The

proposal was to add controlled airspace

extending upward from 700 to 1200 feet

AGL for Instrument Flight Rules (IFR)

operations in controlled airspace during

portions of the terminal operation and

while transiting between the enroute

and terminal environments.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Class E airspace

designations for areas extending upward

from 700 feet or more above the surface

of the earth are published in paragraph

6005 of FAA Order 7400.9C dated

August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) establishes Class E airspace at

Bigfork Municipal Airport, Bigfork, MN,

to accommodate a nondirectional Radio

Beacon (NDB) instrument approach

procedure to Runway 15. Controlled

airspace extending upward from 700 to

1200 feet AGL is needed for aircraft

executing the approach. The area will be

depicted on appropriate aeronautical

charts.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not