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 thatthis 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.
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 CFRpart 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.
Section 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: