[Federal Register Volume 61, Number 6 (Tuesday, January 9, 1996)] [Rules and Regulations] [Pages 623-625] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-270] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 95-CE-97-AD; Amendment 39-9476; AD 95-26-18] Airworthiness Directives; Maule Aerospace Technology, Inc. M-4, M-5, M-6, M-7, MX-7, MXT-7 Series and Models MT-7-235 and M-8-235 Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This amendment adopts a new airworthiness directive (AD) that applies to certain Maule Aerospace Technology (Maule) M-4, M-5, M-6, M- 7, MX-7, MXT-7 series and Models MT-7-235, and M-8-235 airplanes. This action requires a one-time inspection of certain wing lift struts for internal corrosion and replacement of the struts if corrosion is detected. An accident involving a wing separating from a Maule airplane in flight prompted this action. The actions specified by this AD are intended to prevent corrosion of the wing lift strut, which, if not detected and corrected, could cause the wing to separate from the airplane. DATES: Effective January 26, 1996. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 26, 1996. Comments for inclusion in the Rules Docket must be received on or before February 28, 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-97-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Service information that applies to this AD may be obtained from Maule Aerospace Technology, Inc., 2099 GA. Hwy., 133 South, Moultrie, Georgia 31768, telephone (912) 985-2045. 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- 97-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: Cindy Lorenzen, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, Campus Building, 1701 Columbia Avenue, suite 2-160, College [[Page 624]] Park, Georgia 30337-2748; telephone (404) 305-7357; facsimile (404) 305-7348. SUPPLEMENTARY INFORMATION: The FAA received a report involving a wing separating from a Maule airplane while it was in flight. Investigation of the accident revealed that the right forward unsealed wing lift strut failed 8 to 12 inches above the lower fitting. Upon examination of the lift strut, investigators found internal corrosion. This condition, if not detected and corrected, could result in failure of the wing lift strut and separation of the wing from the airplane, causing loss of the airplane. Maule Service Bulletin (SB) No. 11, Issued: October 30, 1995, specifies procedures for inspecting the wing lift strut for internal corrosion and replacing the wing lift strut. After examining the circumstances and reviewing all available information related to the accident described above, including the referenced service bulletin, the FAA has determined that AD action should be taken in order to prevent corrosion of the wing lift strut, which could cause the wing to separate from the airplane. Since an unsafe condition has been identified that is likely to exist or develop in other Maule Model M-4, M-5, M-6, M-7, MX-7, MXT-7 series and Models M-7-235 and M-8-235 airplanes of the same type design equipped with unsealed wing lift struts, this AD requires inspecting the wing lift struts for internal corrosion damage and replacing the wing lift struts if corrosion damage is detected. This action shall be accomplished in accordance with Maule SB No. 11, dated October 30, 1995. In future rulemaking actions, the FAA may impose additional procedures on the unsealed wing lift struts and require additional modifications. The compliance time for this AD is presented in calendar time instead of hours time-in-service. The FAA has determined that a calendar time for compliance is the most desirable method because the unsafe condition described by this AD is caused by corrosion. Corrosion can occur on airplanes regardless of whether the airplane is in service or on the ground. Since a situation exists (wing lift strut corrosion and possible loss of a wing) 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-97-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 that it 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 U.S.C. 106(g), 40101, 40113, 44701. Sec. 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: 95-26-18 Maule Aerospace Technology, Inc.: Amendment 39-9476; Docket No. 95-CE-97-AD. Applicability: M-4, M-5, M-6, M-7, MX-7, MXT-7 Series and Models MT-7-235, and M-8-235 Airplanes (all serial numbers), certificated in any category that are equipped with part number (P/N) 2079E rear wing lift struts and P/N 2080E front wing lift struts. Note 1: This AD applies to each airplane identified in the preceding applicability revision, 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 (b) 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 30 calendar days after the effective date of this AD, unless already accomplished. Note 2: The compliance times and inspection intervals indicated in this AD take precedence over the compliance times and inspection intervals called for in the Maule Service Bulletin (SB) No. 11, Issued: October 30, 1995. Note 3: The paragraph structure of this AD is as follows: [[Page 625]] Level 1: (a), (b), (c), etc. Level 2: (1), (2), (3), etc. Level 3: (i), (ii), (iii), etc. Level 2 and Level 3 structures are designations of the Level 1 paragraph they immediately follow. To prevent corrosion of the wing lift strut, which, if not detected and corrected, could cause the wing to separate from the airplane, accomplish the following: (a) Inspect the two rear wing lift struts, (P/N 2079E) and the two front wing lift struts (P/N 2080E) for internal corrosion in accordance with the INSTRUCTIONS and INSPECTION PROCEDURE sections specified in Maule SB No. 11, Issued: October 30, 1995. (1) If evidence of corrosion damage is found, prior to further flight, accomplish one of the following: (i) Replace the damaged strut with an airworthy strut of the same part number that has been treated internally with corrosion preventative in accordance with the INSPECTION PROCEDURE section specified in Maule SB No. 11, Issued October 30, 1995, or (ii) Replace the damaged strut with a sealed wing lift strut, P/ N 2200E or P/N 2201E, as applicable, in accordance with the instructions specified in PART II of the INSTRUCTIONS section of Maule SB No. 11, Issued October 30, 1995. (2) If no evidence of corrosion damage is found, prior to further flight, treat the strut internally with corrosion preventative in accordance with the NOTE in the INSPECTION PROCEDURE section in Maule SB No. 11, Issued October 30, 1995. (b) An alternative method of compliance or adjustment of the compliance time that provides an equivalent level of safety may be approved by the Manager, FAA, Atlanta Aircraft Certification Office, Campus Building, 1701 Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748. The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Atlanta Aircraft Certification Office. Note 4: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Atlanta Aircraft Certification Office. (c) The inspection and possible replacements required by this AD shall be done in accordance with Maule Service Bulletin No. 11, Issued: October 30, 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 Maule Aerospace Technology, Inc., 2099 GA Hwy., 133 South, Moultrie, Georgia, 31768. 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., 7th Floor, suite 700, Washington, DC. (d) This amendment (39-9476) becomes effective on January 26, 1996. Issued in Kansas City, Missouri, on December 22, 1995. Dwight A. Young, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 96-270 Filed 1-8-96; 8:45 am] BILLING CODE 4910-13-U