[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)] [Rules and Regulations] [Pages 13624-13626] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-6058] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 94-CE-05-AD; Amendment 39-9173; AD 94-18-04 R1] Airworthiness Directives; Univair Aircraft Corporation Models Ercoupe 415-C, 415-CD, 415-D, 415-E, and 415-G, Forney F-1 and F-1A, Alon A-2 and A-2A, and Mooney M10 Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This amendment revises Airworthiness Directive (AD) 94-18-04, which currently requires the following on Univair Aircraft Corporation (Univair) Models Ercoupe 415-C, 415-CD, 415-D, 415-E, and 415-G, Forney F-1 and F-1A, Alon A-2 and A-2A, and Mooney M10 airplanes: installing inspection openings in the outer wing panels, inspecting (one-time) the wing outer panel structural components for corrosion, and repairing any corroded wing outer panel structural component. Several reports of corrosion in the outer wing panels of the affected airplanes prompted that AD. This action incorporates a revision to the service information to include procedures that the Federal Aviation Administration (FAA) has determined are necessary for installing future outer wing panel inspection openings. The actions [[Page 13625]] specified by this AD are intended to prevent wing damage caused by a corroded wing outer panel structural component, which, if not detected and corrected, could progress to the point of structural failure. DATES: Effective March 24, 1995. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of March 24, 1995. Comments for inclusion in the Rules Docket must be received on or before May 19, 1995. ADDRESSES: Submit comments in triplicate to the FAA, Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket 94-CE- 05-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Service information that applies to this AD may be obtained from the Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011; telephone (303) 375-8882; facsimile (303) 375-8888. This information may also be examined at the FAA, Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 94-CE-05-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. Roger P. Chudy, Aerospace Engineer, FAA, Denver Aircraft Certification Office, 5440 Roslyn Street, suite 133, Denver, Colorado 80216; telephone (303) 286-5684; facsimile (303) 286-5689. SUPPLEMENTARY INFORMATION: AD 94-18-04, Amendment 39-9017 (59 FR 43727, September 25, 1994), currently requires the following on Univair Models Ercoupe 415-C, 415-CD, 415-D, 415-E, and 415-G, Forney F-1 and F-1A, Alon A-2 and A-2A, and Mooney M10 airplanes: installing inspection openings in the outer wing panels, inspecting (one-time) the wing outer panel structural components for corrosion, and repairing any corroded wing outer panel structural component. Accomplishment of these actions is in accordance with Univair Service Bulletin (SB) No. 29, Revision A, dated June 7, 1994. Since the FAA issued AD 94-18-04, Univair has revised SB No. 29 to the Revision B level. This SB revision changes the dimension of one of the openings to position it symmetrically between two ribs; and clarifies the dimensioning system utilized in placement of the inspection openings. Univair SB No. 29, Revision B, also presents a further discussion of the service difficulties encountered on the referenced subject and clarifies the intent of the preliminary inspection procedure that may be accomplished prior to the installation of the inspection openings. After examining the circumstances and reviewing all available information related to the incidents described above, the FAA has determined that (1) the procedures presented in Univair SB No. 29, Revision B, dated January 2, 1995, should be mandatory for future inspection opening installations; and (2) AD action should be taken in order to prevent wing damage caused by a corroded wing outer panel structural component, which, if not detected and corrected, could progress to the point of structural failure. Since an unsafe condition has been identified that is likely to exist or develop in other Univair Models Ercoupe 415-C, 415-CD, 415-D, 415-E, and 415-G, Forney F-1 and F-1A, Alon A-2 and A-2A, and Mooney M10 airplanes of the same type design, this AD revises AD 94-18-04, Amendment 39-9017, to require installing inspection openings in the outer wing panels, inspecting (one-time) the wing outer panel structural components for corrosion, and repairing any corroded wing outer panel structural component. The actions are required to be accomplished in accordance with the instructions in Univair SB No. 29, Revision B, dated January 2, 1995. No further action will be required by owners/operators who have successfully accomplished these actions in accordance with either Univair SB No. 29, dated January 27, 1994, or Univair SB No. 29, Revision A, dated June 7, 1994. Since a situation exists (the possibility of damaging the wing structure because of improper positioning of the inspection openings) 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. 94-CE-05-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. [[Page 13626]] 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. Sec. 39.13 [Amended] 2. Section 39.13 is amended by removing AD 94-18-04, Amendment 39- 9017 (59 FR 43727, September 25, 1994), and by adding a new airworthiness directive to read as follows: 94-18-04 R1 Univair Aircraft Corporation: Amendment 39-9173; Docket No. 94-CE-05-AD. Revises AD 94-18-04, Amendment 39-9017. Applicability: Models Ercoupe 415-C, 415-CD, 415-D, 415-E, and 415-G, Forney F-1 and F-1A, Alon A-2 and A-2A, and Mooney M10 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 aircraft from the applicability of this AD. Compliance: Required within the next 12 calendar months after the effective date of this AD, unless already accomplished (See Note 2). To prevent wing damage caused by a corroded wing outer panel structural component, which, if not detected and corrected, could progress to the point of structural failure, accomplish the following: (a) Install inspection openings in the outer wing panels and inspect the wing outer panel internal structural components for corrosion in accordance with the PROCEDURE section of Univair Service Bulletin (SB) No. 29, Revision B, dated January 2, 1995. Prior to further flight, repair any corroded wing outer panel internal structural component in accordance with the instructions contained in the above-referenced service information. Note 2: Complying with the original version of Univair SB No. 29, dated January 27, 1994, or Univair SB No. 29, Revision A, dated June 7, 1994, is considered equivalent to the requirements of paragraph (a) of this AD, and is considered ``unless already accomplished'' for that portion of the AD. (b) Send the results of the inspection required by paragraph (a) of this AD to the Manager, Denver Aircraft Certification Office (ACO), 5440 Roslyn Street, suite 133, Denver, Colorado 80216. State whether corrosion was found, the location and extent of any corrosion found, and the total hours time-in- service of the component at the time the corrosion was found. (Reporting approved by the Office of Management and Budget under OMB no. 2120-0056.) (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 compliance time that provides an equivalent level of safety may be approved by the Manager, Denver ACO, 5440 Roslyn Street, 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 ACO. Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Denver ACO. (e) The inspection and installation required by this AD shall be done in accordance with Univair Service Bulletin No. 29, Revision B, dated January 2, 1995. 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 the Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011. 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 (39-9173) revises AD 94-18-04, Amendment 39- 9017. (g) This amendment (39-9173) becomes effective on March 24, 1995. Issued in Kansas City, Missouri, on March 6, 1995. Barry D. Clements, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 95-6058 Filed 3-13-95; 8:45 am] BILLING CODE 4910-13-U