[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Proposed Rules]
[Pages 26853-26854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13390]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-99-AD]
RIN 2120-AA64


Airworthiness Directives; The Don Luscombe Aviation History 
Foundation Model 8 Series Airplanes.

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to The Don Luscombe Aviation History Foundation 
(referred to as Luscombe from hereon) Model 8 series airplanes. The 
proposed action would require installing new inspection holes, 
modifying the wing tip fairings, and inspecting the wing spars for 
intergranular corrosion. Reports of intergranular corrosion occurring 
in the wings prompted the proposed action. The actions specified by the 
proposed AD are intended to prevent wing spar failure resulting from 
intergranular corrosion, which, if not detected and corrected, could 
result in structural failure of the wings and loss of control of the 
airplane.

DATES: Comments must be received on or before July 31, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-99-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from The Don Luscombe Aviation History Foundation, P.O. Box 63581, 
Phoenix, Arizona 85082; telephone (602) 917-0969 and facsimile (602) 
917-4719. This information also may be examined at the Rules Docket at 
the address above.

FOR FURTHER INFORMATION CONTACT: Ms. Lirio L. Liu, Aerospace Engineer, 
FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Blvd., 
Lakewood, California, 90712; telephone (310) 627-5229; facsimile (310) 
627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 proposal 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-99-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 95-CE-99-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The FAA has received reports of corrosion occurring on both the 
metal covered wing spars and the fabric-covered wing spars of the 
Luscombe Model 8 series airplanes. The service history of these 
airplanes indicates there is a problem of limited access holes to the 
interior of the metal covered wings to look for any corrosion, which 
inhibits inspecting the area around the wing spar extrusions. The 
fabric covered wings on the Luscomb Model 8 airplanes have adequate 
access holes for inspecting purposes. Routine maintenance inspections 
have reported intergranular corrosion in the front and rear spar 
extrusion in the wings of these airplanes.
    The Don Luscombe Aviation History Foundation has issued Service 
Recommendation No. 2, dated December 15, 1993, Revised November 21, 
1995, which specifies installing new inspection holes, modifying the 
wing tip fairings, and inspecting the wing spars for intergranular 
corrosion.
    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 to detect intergranular 
corrosion in the wing spars, which, if not detected and corrected, 
could result in structural failure of the wings and loss of control of 
the airplane.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other Luscombe Model 8 series airplanes of the same 
type design, the proposed AD would require installing a total of four 
additional wing inspection holes in the metal covered wings to assist 
in conducting a more thorough examination of the wing spars, modifying 
the wing tip fairing so that it is removable, and providing easier 
access to the interior of the wings. A one

[[Page 26854]]

time inspection for intergranular corrosion is proposed for both metal 
covered and fabric covered wings on the Luscomb Model 8 airplanes in 
the areas of the front and rear spar extrusions of the wing 
installations.
    The FAA estimates that 2,029 airplanes in the U.S. registry would 
be affected by the proposed AD, that it would take approximately 7 
hours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. The Luscombe 
Installation kit #8007 cost approximately $125 per airplane. Based on 
these figures, the total cost impact of the proposed AD on U.S. 
operators is estimated to be $1,105,805. This figure includes the cost 
of the installation, modification, and inspection. This figure applies 
to Model 8 airplanes that have metal covered wings. For airplanes that 
have fabric covered wings, the cost will only be for the one-time 
inspection, which is estimated to take approximately 1 hour per 
airplane.
    Luscombe has informed the FAA that these Installation Kits have 
been distributed to equip approximately 150 airplanes. Assuming that 
these distributed kits are incorporated on the affected airplanes, the 
cost of the proposed AD would be reduced by $18,750 from $1,105,805 to 
$1,087,055.
    The compliance time of this AD is presented in calendar time 
instead of hours time-in-service (TIS). The FAA has determined that a 
calendar time compliance is the most desirable method because the 
unsafe condition described by this AD is caused by corrosion. Corrosion 
initiates as a result of airplane operation, but can continue to 
develop regardless of whether the airplane is in service or in storage. 
Therefore, to ensure that the above-referenced condition is detected 
and corrected on all airplanes within a reasonable period of time 
without inadvertently grounding any airplanes, a compliance schedule 
based upon calendar time instead of hours TIS is required.
    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, 
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. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

The Don Luscombe Aviation History Foundation (formerly The Luscombe 
Aircraft Company): Docket No. 95-CE-99-AD.

    Applicability: Model 8 series 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 (d) 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 12 calendar months 
after the effective date of this AD, unless already accomplished.

    To prevent wing spar failure resulting from intergranular 
corrosion, which, if not detected and corrected, could result in 
structural failure of the wings and loss of control of the airplane, 
accomplish the following:
    (a) For Luscombe Model 8 series airplanes with metal covered 
wings,
    (1) Install two additional wing inspection holes (left wing and 
right wing) using the Don Luscombe Aviation History Foundation 
(DLAHF) Kit #8007, Wing Access and Inspection Kit, in accordance 
with the Compliance Procedures section, paragraphs ``1B Metal 
Covered Wings.'', (a), (a1.) through (a9.), and (b.) of the Luscombe 
Service Bulletin (SB) #2, dated December 15, 1993, REVISED November 
21, 1995, and
    (2) Modify the wing tip fairing using the DLAHF Kit #8007, Wing 
Access and Inspection Kit, in accordance with the Compliance 
Procedures section, paragraphs ``1B Metal Covered Wings.'', (c), and 
(c1.) through (c5.) of the Luscombe SB #2, dated December 15, 1993, 
REVISED November 21, 1995.
    (b) For all affected Luscombe Model 8 series airplanes, inspect 
one time for intergranular corrosion in the areas of the front and 
rear spar extrusions of the wing installations in accordance with 
the Compliance Procedures: section, paragraph ``1A. Fabric Covered 
Wings.'' or paragraph ``2. Inspect'' of the Luscombe SB #2, dated 
December 15, 1993, REVISED November 21, 1995, whichever paragraph is 
applicable to the wing construction of the airplane.
    (c) 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.
    (d) An alternative method of compliance or adjustment of the 
initial compliance time that provides an equivalent level of safety 
may be approved by the Manager, Los Angeles Aircraft Certification 
Office, 3960 Paramount Blvd., Lakewood, California, 90712. The 
request shall be forwarded through an appropriate FAA Maintenance 
Inspector, who may add comments and then send it to the Manager, Los 
Angeles 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 Los Angeles Aircraft Certification Office.

    (e) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to The Don Luscombe 
Aviation History Foundation, P. O. Box 63581, Phoenix, Arizona 
85082; telephone (602) 917-0969 and fax (602) 917-4719; or may 
examine this document at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.

    Issued in Kansas City, Missouri, on May 21, 1996.
Bobby Sextion,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-13390 Filed 5-28-96; 8:45 am]
BILLING CODE 4910-13-U