AD 2008-09-18

[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Rules and Regulations]
[Pages 24162-24164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-9397]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0177; Directorate Identifier 2007-CE-093-AD; 
Amendment 39-15499; AD 2008-09-18]
RIN 2120-AA64


Airworthiness Directives; Taylorcraft, Inc. Models A, B, and F 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Taylorcraft, Inc. Models A, B, and F series airplanes. This AD requires 
you to inspect the wing strut attach fittings for corrosion or cracks 
and requires repair or replacement if corrosion or cracks are found. 
This AD results from data collected from an accident involving a 
Taylorcraft Model BF12-65 airplane. The wing separated from the 
airplane after the wing strut attach fitting failed due to corrosion. 
We are issuing this AD to detect and correct corrosion or cracks in the 
wing strut attach fittings, which could result in failure of the wing 
strut attach fittings and lead to wing separation and loss of control.

DATES: This AD becomes effective on June 6, 2008.
    On June 6, 2008, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: To get the service information identified in this AD, 
contact Taylorcraft Aviation, LLC, 2124 North Central Avenue, 
Brownsville, Texas 78521; telephone: 956-986-0700.
    To view the AD docket, go to U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a>. The docket number is FAA-2008-0177; 
Directorate Identifier 2007-CE-093-AD.

FOR FURTHER INFORMATION CONTACT: Andy McAnaul, Aerospace Engineer, SAT-
MIDO-43, 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; 
telephone: (210) 308-3365; fax: (210) 308-3370.

SUPPLEMENTARY INFORMATION: 

Discussion

    On February 12, 2008, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to certain Taylorcraft, Inc. Models A, B, and F series 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on February 20, 2008 (73 FR 9239). 
The NPRM proposed to require inspection of the wing strut attach 
fittings for corrosion or cracks and to require repair or replacement 
if corrosion or cracks are found.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue No. 1: Additional Wording

    The Experimental Aircraft Association and four other commenters ask 
for us to add wording to the final rule to allow repairing the fitting/
fuselage structure in accordance with FAA Advisory Circular (AC) 43.13-
1B. The commenters believe the Taylorcraft fuselage structure, 
comprised of welded steel tubing and flat plate fittings, is well 
within the scope of repair practice for an Airframe and Powerplant (A & 
P) mechanic experienced in maintaining aircraft of that vintage. They 
comment that it is reasonable to expect an experienced mechanic to have 
sufficient information and means available to rebuild the fitting area 
with guidance from AC 43.13-1B.
    We agree that repair of the Taylorcraft fuselage welded structure 
is within the scope of repair criteria and guidance provided in AC 
43.13-1B. We will add language in paragraph (e)(3) of the AD to allow 
for repair of the attach fitting and the associated fuselage structure 
in accordance with AC 43.13-1B.

Comment Issue No. 2: Requirements Already Exist

    Marc Fries and four other commenters believe the AD is redundant 
and that requirements already exist to accomplish inspections of the 
attach fittings. The commenters believe that 14 CFR part 43, Appendix D 
already provides sufficient annual/100-hour inspection requirements to 
inspect the wing strut attach fittings. Some of the commenters cite 
poor maintenance practice as the root cause for the corrosion related 
fitting failure in the fatal accident airplane. One commenter 
additionally mentioned that AD 47-16-03 already covers inspection of 
Taylorcraft wing attach fittings.
    We do not agree with the commenters. AD 47-16-03 only addressed 
inspection of wing strut attach fittings for cracks or evidence of poor 
welds in Taylorcraft Models BC, BF, and BL series aircraft. The AD was 
issued for a potential manufacturing quality issue. The AD did not 
address corrosion and required an immediate one-time compliance.
    While 14 CFR part 43, Appendix D requires inspection of wing and 
center section components for general condition and security of 
attachment, the FAA has heard from Taylorcraft owners that they were 
unaware of the existence of drain holes in the bottom of the wing strut 
attach fittings. Also, some owners were unaware of the potential 
situation where fabric may cover the attach fitting and drain holes on 
re-covered airplanes. This condition was a contributing factor in the 
fatal accident, as it fostered the corrosion environment that led to 
eventual fitting failure. The FAA believes this condition is likely to 
exist in other Taylorcraft airplanes of

[[Page 24163]]

the same type design and inspection of all affected airplanes is 
warranted for continued operational safety.
    We are not changing the final rule AD action based on this comment.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for the change previously discussed and minor editorial 
corrections. We have determined that this change and these minor 
corrections:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 3,119 airplanes in the U.S. 
registry.
    We estimate the following costs to do the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                               Total cost per     Total cost on
                 Labor cost                             Parts cost                airplane       U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $80 per hour = $160..........  Not applicable................             $160          $499,040
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of airplanes that may need 
this repair/replacement:

------------------------------------------------------------------------
                                                         Total cost per
       Labor cost per fitting          Parts cost per    airplane  (for
                                           fitting        two fittings)
------------------------------------------------------------------------
30 work-hours x $80 per hour =                   $200            $5,200
 $2,400.............................
------------------------------------------------------------------------

Authority for This Rulemaking

    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.
    We 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 condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    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.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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.
    We prepared a summary of the costs to comply 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 ``Docket 
No. FAA-2008-0177; Directorate Identifier 2007-CE-093-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, 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:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2008-09-18 Taylorcraft, Inc.: Amendment 39-15499; Docket No. FAA-
2008-0177; Directorate Identifier 2007-CE-093-AD.

Effective Date

    (a) This AD becomes effective on June 6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all serial numbers of Taylorcraft Models 
A, BC,
    BCS12-D, BCS, BC12-D1, BC-65, BCS12-D1, BCS-65, BC12D-85, BC12-
65 (Army L-2H), BCS12D-85, BCS12-65, BC12D-4-85, BC12-D, BCS12D-4-
85, (Army L-2G) BF, BFS, BF-60, BFS-60, BF-65, BFS-65, (Army L-2K) 
BF 12-65, BFS-65, BL, BLS, (Army L-2F) BL-65, BLS-65, (Army L-2J) 
BL12-65, BLS12-65, 19, F19, F21, F21A, F21B, F22, F22A, F22B, and 
F22C airplanes that are certificated in any category.

    Note: This AD applies to all Taylorcraft models listed above, 
including those models not listed in Taylorcraft Aviation, LLC 
Service Bulletin No. 2007-002, dated November 8, 2007. If there are 
any other differences between this AD and the above service 
bulletin, this AD takes precedence.

Unsafe Condition

    (d) This AD results from data collected from an accident 
involving a Taylorcraft Model BF12-65 airplane. The wing separated 
from the airplane after the wing strut attach fitting failed due to 
corrosion. We are proposing this AD to detect and correct corrosion 
or cracks in the wing strut attach fittings. This condition, if not 
corrected, could result in failure of the wing strut attach fittings 
and lead to wing separation and loss of control.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:
    (1) Initially inspect the left and right wing lift strut attach 
fittings, part number (P/N) A-A11, for corrosion or cracking 
following Taylorcraft Aviation, LLC Service Bulletin No. 2007-002, 
dated November 8, 2007, using the following compliance times:
    (i) For airplanes that have never been equipped with floats or 
snow skis: Within the

[[Page 24164]]

next 90 days after June 6, 2008 (the effective date of this AD).
    (ii) For airplanes equipped with or that have ever been equipped 
with floats or snow skis: Within the next 30 days after June 6, 2008 
(the effective date of this AD).
    (2) If the airplane is equipped with floats or snow skis at the 
time of the initial inspection required by paragraph (e)(1) of this 
AD or at any time after the initial inspection required by paragraph 
(e)(1) of this AD, you must repeat the inspection required in 
paragraph (e)(1) of this AD as follows:

------------------------------------------------------------------------
        If the following exists:                      Then:
------------------------------------------------------------------------
(i) The airplane is equipped with        Inspect no later than 48 months
 floats or snow skis at the time of the   following the initial
 initial inspection required by           inspection and repetitively
 paragraph (e)(1) of this AD.             inspect thereafter at
                                          intervals not to exceed 48
                                          months. Continue these
                                          repetitive inspections until
                                          removal of floats or snow
                                          skis, at which time you must
                                          follow paragraph (e)(2)(ii) of
                                          this AD.
(ii) You remove floats or snow skis at   Inspect no later than 48 months
 any time following the initial           following the last inspection.
 inspection required by paragraph         After the inspection following
 (e)(1) of this AD.                       removal of floats or snow
                                          skis, no further inspections
                                          are required unless floats or
                                          snow skis are re-installed at
                                          a later date, at which time
                                          you must follow paragraph
                                          (e)(2)(iii) of this AD.
(iii) You install floats or snow skis    Inspect no later than 48 months
 at any time since the initial            following the last inspection
 inspection required by paragraph         or before further flight after
 (e)(1) of this AD.                       installation of floats or snow
                                          skis, whichever occurs later,
                                          and repetitively inspect
                                          thereafter at intervals not to
                                          exceed 48 months. Continue
                                          these repetitive inspections
                                          until removal of floats or
                                          snow skis, at which time you
                                          must follow paragraph
                                          (e)(2)(ii) of this AD.
------------------------------------------------------------------------

    (3) If you find cracking or material loss due to corrosion 
during any of the inspections required in paragraph (e)(1) or (e)(2) 
of this AD, before further flight, do the following:
    (i) Contact Taylorcraft Aviation, LLC at 2124 North Central 
Avenue, Brownsville, Texas 78521; telephone: 956-986-0700 to obtain 
an FAA-approved repair scheme or replacement procedure; or refer to 
FAA Advisory Circular AC 43.13-1B CHG 1, dated September 27, 2001; 
and
    (ii) Repair or replace the left and/or right wing lift strut 
attach fitting(s), P/N A-A11.

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Fort Worth Airplane Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Andy 
McAnaul, Aerospace Engineer, SAT-MIDO-43, 10100 Reunion Place, Suite 
650, San Antonio, Texas 78216; telephone: (210) 308-3365; fax: (210) 
308-3370. Before using any approved AMOC on any airplane to which 
the AMOC applies, notify your appropriate principal inspector (PI) 
in the FAA Flight Standards District Office (FSDO), or lacking a PI, 
your local FSDO.

Material Incorporated by Reference

    (g) You must use Taylorcraft Aviation, LLC Service Bulletin No. 
2007-002, dated November 8, 2007, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Taylorcraft Aviation, LLC, 2124 North Central Avenue, Brownsville, 
Texas 78521; telephone: 956-986-0700.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on April 23, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-9397 Filed 5-1-08; 8:45 am]
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