AD 96-09-08 R1 SUPERSEDED

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.

The original Aviat Service BulletinNo. 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.

Final rule; request for comments.

96-09-08 R1 AVIAT AIRCRAFT INC.: Amendment 39-9690; Docket No. 95-CE-101-AD. 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 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 orrepetitive 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 approvedby 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 becomes effective on July 26, 1996.

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.

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 March20, 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 tothe 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.

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, February26, 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.

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

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.

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.