Has FAA taken any action to this point? A report of loss of control on a Revo, Incorporated (REVO) Lake LA-4 series airplane during flight caused us to issue AD 98-10-12, Amendment 39-10524 (63 FR 26964, May 15, 1998). AD 98-10-12 currently requires the following on all REVO (Type Certificate 1A13 formerly held by Colonial Aircraft Company, Lake Aircraft Corporation, Consolidated Aeronautics, Inc., and Global Amphibians LLC) Models Colonial C-2, Lake LA-4, Lake LA-4A, Lake LA-4P, and Lake LA-4-200 airplanes: \n\n\tMeasuring for a clearance of 5/32 of an inch between the attachment fitting and the horizontal stabilizer rear beam. \n\n\tIf this minimum measurement is not met, removing the affected horizontal tail half from the airplane and inspecting the attachment fitting for any evidence of fretting, cracking, or corrosion. \n\n\tIf cracks, fretting, or corrosion are/is present, replacing the attachment fitting with a new fitting, ensuring a clearance of 1/16 of an inch exists between the attachment fitting, and, if needed, trimming the stabilizer skin to provide a positive clearance for the fitting. \n\n\tWhat has happened since AD 98-10-12 to initiate this AD action? The FAA has received more reports of fatigue cracks found in the horizontal stabilizer attachment fitting (part number (P/N) 2-2200-21) of REVO Model LA-4-200 airplanes. These airplanes were in compliance with AD 98-10-12. This includes one report of a REVO Model LA-4-200 airplane accident with a fatality attributed to a fatigue crack in the horizontal stabilizer attachment fitting. \n\n\tThe cracks occurred with as little as 942 hours time-in-service (TIS) on the horizontal stabilizer attachment fitting. \n\n\tWhat is the potential impact if FAA took no action? Failure of the horizontal stabilizer attachment fitting (P/N 2-2200-21) could result in loss of control of the airplane. \n\n\tIs there service information that applies to this subject? REVO has issued Service BulletinB-78, dated April 3, 1998. \n\n\tWhat are the provisions of this service information? The service bulletin includes procedures for: \n\n--Removing the fitting and inspecting (both visual and dye penetrant) for cracks, fretting, or corrosion; \n--Replacing the attachment fitting with a new fitting; \n--Measuring the gap between the attachment fitting and the horizontal stabilizer skin for proper clearance; and --Trimming the stabilizer skin to provide proper clearance. \n\nFAA's Determination and Requirements of the AD \n\n\tWhat has FAA decided? We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. \n\n\tSince the unsafe condition described previously is likely to exist or develop on other REVO (Type Certificate 1A13 formerly held by Colonial Aircraft Company, Lake Aircraft Corporation, Consolidated Aeronautics, Inc., and Global Amphibians LLC) Models Colonial C-2, Lake LA-4, Lake LA-4A, Lake LA-4P, and Lake LA-4-200 airplanes of the same type design, we are issuing this AD to detect, correct, and prevent future cracks in the horizontal stabilizer attachment fitting (P/N 2- 2200-21), which could result in failure of the horizontal stabilizer attachment fitting. This failure could result in loss of control of the airplane. \n\n\tWhat does this AD require? This AD supersedes AD 98-10-12 by requiring the following: \n\n\tDye penetrant inspection of the horizontal stabilizer attachment fitting for any evidence of fretting, cracking, or corrosion (with necessary replacement and modification) for those airplanes with less than 825 hours TIS on the fitting; \n\n\tReplacement of the fittings for those airplanes with 825 or more hours TIS on the fittings; \n\n\tRepetitive replacement of the fitting every 850 hours time-in-service (TIS); \n\n\tRepetitive visual inspections of the fitting every 50 hours TIS (or at the next annual inspection) between the fitting replacements; andSubmittal of a report to FAA on the findings of the initial inspection and report of any cracks found for the repetitive inspections. \n\n\tIn preparing this rule, we contacted type clubs and aircraft operators to get technical information and information on operational and economic impacts. As a result of this contact, we received a report of an additional airplane with a crack in the fitting. This airplane had 942 hours total TIS. Consequently, we adjusted the compliance times in the AD based on this information. \n\n\tHow does the revision to 14 CFR part 39 affect this AD? On July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions.Comments Invited \n\n\tWill I have the opportunity to comment before you issue the rule? This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include "Docket No. FAA-2005-21092; Directorate Identifier 2005-CE-20-AD" in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us through a nonwritten communication, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments. \n\nAuthority for This Rulemaking \n\n\tWhat authority does FAA have for issuing this rulemaking action? Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. \n\n\tWe are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, "General requirements." Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe conditionthat is likely to exist or develop on products identified in this AD. \n\nRegulatory Findings \n\n\tWill this AD impact various entities? We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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. \n\n\tWill this AD involve a significant rule or regulatory action? For the reasons discussed above, I certify that this AD: \n\t1. Is not a "significant regulatory action" under Executive Order 12866; \n\n\t2. Is not a "significant rule" under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\n\t3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. \n\n\tWe prepared a summary of the costs tocomply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include "AD Docket FAA-2005-21092; Directorate Identifier 2005-CE-20-AD" in your request. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under 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: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 98-10-12, Amendment 39-10524 (63 FR 26964, May 15, 1998), and by adding a new AD toread as follows: