[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Rules and Regulations]
[Pages 35936-35938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17294]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-101-AD; Amendment 39-9690; AD 96-09-08 R1]
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.

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SUMMARY: This amendment revises Airworthiness Directive (AD) 96-09-08, 
which currently requires inspecting the longerons aft of the rear 
cabane struts for cracks, and if cracked, prior to further flight, 
repairing the cracks. The current AD is applicable to Aviat Aircraft 
Inc. (Aviat), Models S-2A, S-2B, and S-2S airplanes (formerly Pitts 
Models S-2A, S-2B, and S-2S airplanes). This action requires the same 
action as AD 96-09-08; however, after AD 96-09-08 was issued, the FAA 
was notified by the manufacturer that the compliance time in the 
service bulletin was changed, and as a result, the issue date for the 
service bulletin was changed. This revision will ensure that the owner 
and operators are using the most up-to-date service bulletin applicable 
to the required actions in this AD. 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 July 26, 1996.
    The original Aviat Service Bulletin No. 24, dated February 8, 1996 
was incorporated by reference and approved by the Director of the 
Federal Register to become effective May 20, 1996 (61 FR 19540, May 2, 
1996). The incorporation by reference of Aviat Service Bulletin No. 24, 
dated March 20, 1996 that is applicable to this revised AD and listed 
in the regulations is approved by the Director of the Federal Register 
as of July 26, 1996.
    Comments for inclusion in the Rules Docket must be received on or 
before August 30, 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. 1240, 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: Airworthiness Directive 96-09-08, Amendment 
39-9584, (61 FR 19540, May 2, 1996) 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) and currently requires inspecting the 
longerons around the rear cabane struts for cracks, and if no cracks 
are found, continue repetitively inspecting the airplane. If cracks are 
found during any inspection, prior to further flight, repair any cracks 
found according to the approved repair scheme provided by the Denver 
ACO manager.
    Accomplishment of the actions of AD 96-09-08 is required in 
accordance with Aviat Aircraft Inc. Service Bulletin (SB) No. 24, dated 
February 8, 1996, which has been revised and replaced by Aviat SB No. 
24, dated March 20, 1996.

[[Page 35937]]

Explanation of the Need for the Revision

    The service bulletin incorporated into AD 96-09-08 contains 
identical requirements as this revised AD, except for the change in the 
date to March 20, 1996 and the change to the compliance time.
    The FAA determined that the revised service bulletin should be 
incorporated because the previous service bulletin dated February 8, 
1996 was not made available to the owners and operators by the 
manufacturer until after the service bulletin was changed. The FAA 
cannot determine if some of the owners/operators of the affected 
airplanes may have already complied with AD 96-09-08 in accordance with 
Aviat SB No. 24, dated February 8, 1996.
    Since the service bulletin must be available in order for the 
owners/operators to comply with this action, this AD revises AD 96-09-
08 by (1) retaining the initial inspection, the repetitive inspection, 
and repair required by AD 96-09-08; and (2) incorporating the revised 
service bulletin to require accomplishment of the actions in accordance 
with Aviat SB No. 24, dated March 20, 1996.
    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 AD 96-09-08 effective in less than 30 days to all known 
U.S. operators of Aviat Models S-2A, S-2B, and S-2S airplanes. These 
conditions still exist, and the AD revision 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 to all 
persons. The actions are to be done in accordance with the instructions 
in Aviat SB No. 24, dated March 20, 1996.

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 commenters 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.

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 and 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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13, Amendment 39-9584, (61 FR 19540, May 2, 1996), is 
revised to read as follows:

96-09-08 R1. Aviat Aircraft Inc.: Amendment 39-9690; Docket No. 95-
CE-101-AD R1. Revises AD 96-09-08, Amendment 39- 9584.

    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 use the authority 
provided in paragraph (d) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition, or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    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 in accordance with AD 96-09-08, 
effective date May 20, 1996 and corresponding Aviat Service Bulletin 
(SB) No. 24, dated February 8, 1996.

    Note 2: The compliance time of this revised AD takes precedence 
over the compliance time stated in Aviat SB No. 24, dated March 20, 
1996.

To prevent cracking and subsequent failure of the longerons 
resulting in possible 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 March 
20, 1996. If cracks are found during any inspection required by this 
AD, prior to further flight, contact the Manager of the Denver 
Aircraft Certification Office (ACO) for an approved repair scheme.
    (b) Prior to further flight, repair any cracks found in 
accordance with the approved

[[Page 35938]]

repair scheme provided by the Denver 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) 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, Roger Caldwell, 
Project Engineer, 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Denver Aircraft Certification Office.

    (e) The inspections and repairs required by this AD shall be 
done in accordance with Aviat Aircraft Inc. Service Bulletin No. 24, 
dated March 20, 1996, or in accordance with Aviat Aircraft Inc. 
Service Bulletin No. 24, dated February 8, 1996, previously 
incorporated by reference in the Federal Register (61 FR 19540, May 
2, 1996) and applicable to AD 96-09-08. 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.
    (f) This amendment (39-9690) revises AD 96-09-08, Amendment 39-
9584.
    (g) This amendment (39-9690) becomes effective on July 26, 1996.

    Issued in Kansas City, Missouri, on June 25, 1996.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-17294 Filed 7-8-96; 8:45 am]
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