Airworthiness Directives; Revo, Incorporated Models Colonial C-2, Lake LA-4, Lake LA-4A, Lake LA-4P, and Lake LA-4-200 Airplanes, 33820-33825 [05-11361]

Download as PDF 33820 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations PART 171—[AMENDED] § 171.15 [Corrected] 6. On page 30548, in § 171.15(b)(1), the number ‘‘$3,115,000’’ is corrected to read ‘‘$3,155,000.’’ I § 171.16 [Corrected] 7. In § 171.16 (c), the table entitled SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC, the Annual Fees column entry for 15. C. On page 30552, the entry ‘‘0N/A8’’ is corrected to ‘‘8 N/A.’’ I Dated in Rockville, Maryland, this 2nd day of June, 2005. For the Nuclear Regulatory Commission. Jesse L. Funches, Chief Financial Officer. [FR Doc. 05–11495 Filed 6–9–05; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–21092; Directorate Identifier 2005–CE–20–AD; Amendment 39– 14118; AD 2005–12–02] RIN 2120–AA64 Airworthiness Directives; Revo, Incorporated Models Colonial C–2, Lake LA–4, Lake LA–4A, Lake LA–4P, and Lake LA–4–200 Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) to supersede Airworthiness Directive (AD) 98–10–12, which applies to all Revo, Incorporated (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. AD 98–10–12 currently requires you to ensure adequate clearance between the attachment fitting and the horizontal stabilizer rear beam and between the attachment fitting and the stabilizer skin with inspections, possible replacement, and adjustments as necessary. This new AD is the result of several reports of fatigue cracks found in the horizontal stabilizer attachment fitting (part number 2–2200–21) of Model LA–4–200 airplanes that were in compliance with AD 98–10–12. This VerDate jul<14>2003 16:23 Jun 09, 2005 Jkt 205001 includes an airplane accident with a fatality attributed to a fatigue crack in the horizontal stabilizer attachment fitting. Consequently, this AD requires either a dye penetrant inspection of the horizontal stabilizer attachment fitting for any evidence of fretting, cracking, or corrosion (with necessary replacement and modification) or replacement of the fittings depending on the number of operational hours on the fitting. The AD also requires you to repetitively replace the fitting every 850 hours time-inservice (TIS), repetitively inspect (visually) the fittings between replacement times, and report to FAA the results of the initial inspection and any cracks found on repetitive inspections. We are issuing this AD to detect, correct, and prevent future cracks in the horizontal stabilizer attachment fitting, which could result in failure of the horizontal stabilizer attachment fitting. This failure could result in loss of control of the airplane. DATES: This AD becomes effective on July 8, 2005. As of July 8, 2005, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. We must receive any comments on this AD by August 8, 2005. ADDRESSES: Use one of the following to submit comments on this AD: • DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 001. • Fax: 1–202–493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To get the service information identified in this proposed AD, contact Revo, Incorporated, 1396 Grandview Boulevard, Kissimmee, FL 34744. To view the comments to this AD, go to http://dms.dot.gov. The docket number is FAA–2005–21092; Directorate Identifier 2005–CE–20–AD. FOR FURTHER INFORMATION CONTACT: Cindy Lorenzen, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 703–6078; facsimile: (770) 703– 6097. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: 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: • Measuring for a clearance of 5⁄32 of an inch between the attachment fitting and the horizontal stabilizer rear beam. • If 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. • If 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. What 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. The cracks occurred with as little as 942 hours time-in-service (TIS) on the horizontal stabilizer attachment fitting. What 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. Is there service information that applies to this subject? REVO has issued Service Bulletin B–78, dated April 3, 1998. What are the provisions of this service information? The service bulletin includes procedures for: —Removing the fitting and inspecting (both visual and dye penetrant) for cracks, fretting, or corrosion; —Replacing the attachment fitting with a new fitting; —Measuring the gap between the attachment fitting and the horizontal E:\FR\FM\10JNR1.SGM 10JNR1 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations stabilizer skin for proper clearance; and —Trimming the stabilizer skin to provide proper clearance. FAA’s Determination and Requirements of the AD What 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. Since 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. What does this AD require? This AD supersedes AD 98–10–12 by requiring the following: • Dye 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; • Replacement of the fittings for those airplanes with 825 or more hours TIS on the fittings; • Repetitive replacement of the fitting every 850 hours time-in-service (TIS); • Repetitive visual inspections of the fitting every 50 hours TIS (or at the next annual inspection) between the fitting replacements; and • Submittal of a report to FAA on the findings of the initial inspection and report of any cracks found for the repetitive inspections. In 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. How 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 VerDate jul<14>2003 16:23 Jun 09, 2005 Jkt 205001 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 Will 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 datestamp 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. Authority for This Rulemaking What 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. 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 Will this AD impact various entities? We have determined that this AD will PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 33821 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. Will this AD involve a significant rule or regulatory action? 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 ‘‘AD Docket FAA–2005–21092; Directorate Identifier 2005–CE–20–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 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: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 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 to read as follows: I 2005–12–02 Revo, Incorporated (Type Certificate 1A13 formerly held by Colonial Aircraft Company, Lake Aircraft Corporation, Consolidated Aeronautics, Inc., and Global Amphibians LLC): Amendment 39– 14118; Docket No. FAA–2005–21092; Directorate Identifier 2005–CE–20–AD. When Does This AD Become Effective? (a) This AD becomes effective on July 8, 2005. E:\FR\FM\10JNR1.SGM 10JNR1 33822 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations Are Any Other ADs Affected By This Action? (b) Yes. This AD supersedes AD 98–10–12; Amendment 39–10524. What Airplanes Are Affected by This AD? (c) This AD affects Models Colonial C–2, Lake LA–4, Lake LA–4A, Lake LA–4P, and Lake LA–4–200, all serial numbers, that are certificated in any category. What is the Unsafe Condition Presented in This AD? (d) This AD is the result of several reports of fatigue cracks found in the horizontal stabilizer attachment fitting (part number (P/ N) 2–2200–21) of Model LA–4–200 airplanes and one report of a Model LA–4–200 airplane accident with a fatality attributed to a fatigue crack in the horizontal stabilizer attachment fitting. 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. What Must I Do To Address This Problem? (e) To address this problem, you must do the following: Actions Compliance Procedures (1) For airplanes with 825 hours time-in-service (TIS) or more on any horizontal stabilizer attachment fitting as of July 8, 2005 (the effective date of this AD): (i) Replace the horizontal stabilizer attachment fitting (part number (P/N) 2–2200–21). (ii) If necessary, trim the horizontal stabilizer rear beam doubler flange to provide positive clearance to the fitting. Within the next 25 hours TIS after July 8, 2005 (the effective date of this AD) Repetitively replace any horizontal stabilizer attachment fitting (P/N 2–2200–21) thereafter following paragraph (e)(3) of this AD. Follow Revo, Inc. Service Bulletin B–78, dated April 3, 1998, paragraphs 2 and 3 of the INSPECTION and REPAIR section and the APPENDIX. (2) For airplanes with less than 825 hours TIS on any horizontal stabilizer attachment fitting as of July 8, 2005 (the effective date of this AD): (i) Remove the horizontal stabilizer attachment fitting (P/N 2–2200–21) from the airplane and inspect for cracks (using dye penetrant), fretting, or corrosion. To take ‘‘already done’’ credit for this, you must have removed the fitting from the airplane when the inspection was done. (ii) Replace any horizontal stabilizer attachment fitting if you find any cracks, fretting, or corrosion. Inspect within the next 25 hours TIS after July 8, 2005 (the effective date of this AD), unless already done. If cracks, fretting, or corrosion is found, replace before further flight after the inspection. Follow Revo, Inc. Service Bulletin B–78, dated April 3, 1998, INSPECTION and REPAIR section and the APPENDIX. (3) For all airplanes: Repetitively replace the horizontal stabilizer attachment fittings upon accumulating 850 hours TIS on the fittings. Every 850 hours TIS ........................................ Follow Revo, Inc. Service Bulletin B–78, dated April 3, 1998, paragraphs 2 and 3 of the INSPECTION and REPAIR section and the APPENDIX. (4) For all airplanes: Measure the gap between the horizontal skin and the horizontal stabilizer attachment fitting (P/N 2–2200–21). If gap is less than 1⁄16-inch, trim the skin to provide at least 1⁄16-inch gap. Before further flight after any replacement of the fitting required by paragraphs (e)(1), (e)(2), and (e)(3) of this AD. Follow Revo, Inc. Service Bulletin B–78, dated April 3, 1998. (5) For all airplanes: Repetitively inspect (visual) the horizontal stabilizer attachedment fitting using the following procedures. (i) Move the elevator as required to see the fitting, ensuring that the aft face of the fitting is visible. (ii) Clean the fitting. Pay special attention to the radius edges of the fitting just outboard of the fitting ear. (iii) Visually inspect the fitting for cracks using a flashlight (a small magnifying glass or borescope is recommended). Pay special attention again to the radius edges just outboard of the fitting ear. Also, inspect as far forward on the edge that is possible because some cracks progress along the forward face of the fitting that is mostly hidden by the horizontal stabilizer rear beam. (iv) Reference the sketch on page 1 of the Service Bulletin B–78 to see where the crack is likely to begin. (v) Replace the fitting prior to further flight if cracks are found during any of these inspections. Repetitively inspect at whichever of the following that occurs first (first repetitive starts after the initial inspection or replacement): • 50 hours TIS; or • the next annual inspection Replace the fitting prior to further flight after any inspection where cracks are found. Follow the procedures presented in the Actions column of this paragraph, including the sketch on page 1 of the Service Bulletin B– 78. VerDate jul<14>2003 16:23 Jun 09, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations 33823 Actions Compliance Procedures (6) For all airplanes: Report to FAA the results of the initial inspection required by paragraph (e)(2) of this AD even if no damage is found, and report the results of the repetitive inspections required by paragraph (e)(2) of this AD only if cracks are found. The Office of Management and Budget (OMB) approved the information collection requirements contained in this regulation under the provisions of Paperwork Reduction Act of 1980 (44 U.S.C. 3501 and those following sections) and assigned OMB Control Number 2120– 0056. Within 10 days after the inspection required by paragraph (e)(2) or (e)(5) of this AD or within 10 days after July 8, 2005 (the effective date of this AD), whichever occurs later. Send the form (Figure 1 of this AD) to FAA, Atlanta ACO, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 703–6078; facsimile: (770) 703–6097. (7) For all airplanes: Do not install used serviceable fittings, unless you know the number of accumulated hours TIS and have inspected following the requirements of paragraph (e)(2) of this AD. As of July 8, 2005 (the effective date of this AD). Not Applicable. BILLING CODE 4910–13–P VerDate jul<14>2003 16:23 Jun 09, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 33824 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations VerDate jul<14>2003 16:23 Jun 09, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 ER10JN05.002</GPH> BILLING CODE 4910–13–C Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations May I Request an Alternative Method of Compliance? DEPARTMENT OF COMMERCE (f) You may request a different method of compliance or a different compliance time for this AD by following the procedures in 14 CFR 39.19. Unless FAA authorizes otherwise, send your request to your principal inspector. The principal inspector may add comments and will send your request to the Manager, Atlanta Aircraft Certification Office (ACO), FAA. For information on any already approved alternative methods of compliance, contact Cindy Lorenzen, Aerospace Engineer, FAA, Atlanta ACO, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 703–6078; facsimile: (770) 703–6097. International Trade Administration May I Obtain a Special Flight Permit for the Initial Inspection or Replacement Requirement of This AD? (g) Yes. Special flight permits are allowed for this AD with these limitations: (1) Vne reduced to 121 m.p.h. (105 knots); and (2) No flight into known turbulence. Does This AD Incorporate Any Material by Reference? (h) You must do the actions required by this AD following the instructions in Revo, Inc. Service Bulletin B–78, dated April 3, 1998. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact Revo, Incorporated, 1396 Grandview Boulevard, Kissimmee, FL 34744. To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html or call (202) 741–6030. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, S.W., Nassif Building, Room PL–401, Washington, DC 20590–001 or on the Internet at http:// dms.dot.gov. The docket number is FAA– 2005–21092; Directorate Identifier 2005–CE– 20–AD. Issued in Kansas City, Missouri, on June 2, 2005. Kim Smith, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–11361 Filed 6–9–05; 8:45 am] BILLING CODE 4910–13–P VerDate jul<14>2003 17:05 Jun 09, 2005 Jkt 205001 15 CFR part 335 and 340 Docket Number: 001229368-5150-03 RIN: 0625-AA58 Imports of Certain Worsted Wool Fabric: Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000 Department of Commerce, International Trade Administration. ACTION: Final rule; withdrawal. AGENCY: SUMMARY: The Department of Commerce (‘‘Commerce’’) is withdrawing its final rule entitled ‘‘Imports of Certain Worsted Wool Fabric: Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000’’ published on May 12, 2005 (70 FR 24941). That rule finalized tariff rate quotas (TRQ) for a limited quantity of worsted wool fabrics pursuant to Title V of the Trade and Development Act of 2000 (‘‘the Act’’) as amended by the Trade Act of 2002. The rule is being withdrawn due to an incorrect effective date. DATES: The final rule published on May 12, 2005 at 70 FR 24941 is withdrawn as of June 10, 2005. FOR FURTHER INFORMATION CONTACT: Sergio Botero, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-4058. SUPPLEMENTARY INFORMATION: The Department of Commerce (‘‘Commerce’’) is withdrawing its final rule published on May 12, 2005 at 70 FR 24941. That rule finalized tariff rate quotas (TRQ) for a limited quantity of worsted wool fabrics pursuant to Title V of the Trade and Development Act of 2000 (‘‘the Act’’) as amended by the Trade Act of 2002. The rule is being withdrawn because the effective date of the rule is incorrect. The effective date for the final rule was incorrectly established for June 13, 2005. Commerce currently has open for comment a related interim final rule that implements amendments made by the Miscellaneous Trade Act of 2004 (70 FR 25774). Comments may be submitted until 5:00 p.m. on July 15, 2005. Please see the interim final rule for background information and instructions for submitting comments. Classification: It has been determined that this notice is not significant for purposes of E.O. 12866. The Department finds good cause to waive prior notice and an opportunity for public comment required by the PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 33825 Administrative Procedure Act because it is unnecessary and contrary to the public interest. Prior notice and opportunity for public comment is unnecessary because this rule will not have a substantive impact on the affected industry. The provisions implemented by the May 12, 2005 rule are not currently in effect and have not impacted the regulated industry. The withdrawal of the May 12, 2005 rule will, therefore, not substantively change the requirements currently imposed on the regulated industry. It would be contrary to the public interest to allow for prior notice and an opportunity for public comment because the published effective date of the May 12, 2005 rule conflicts with an interim final rule that implemented recently enacted statutory amendments. Consequently, if the May 12, 2005 rule is allowed to go into effect, it would create confusion in the industry. Therefore, it is unnecessary and contrary to the public interest to provide prior notice and an opportunity for public comment. The Department finds that the 30-day in effectiveness is inapplicable because this rule is not a substantive rule. The provisions implemented by the May 12, 2005 rule are not currently in effect and its withdrawal will not substantively change the requirements currently imposed on the regulated industry. Because notice and opportunity for comment are not required pursuant to 5 USC 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 USC 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. Dated: June 7, 2005. Joseph A. Spetrini Acting Assistant Secretary for Import Administration. [FR Doc. 05–11595 Filed 6–9–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 4 [Docket No. RM05–18–000; Order No. 655] Modification of Hydropower Procedural Regulations, Including the Deletion of Certain Outdated or NonEssential Regulations May 27, 2005. Federal Energy Regulatory Commission. ACTION: Final rule. AGENCY: E:\FR\FM\10JNR1.SGM 10JNR1

Agencies

[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Rules and Regulations]
[Pages 33820-33825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11361]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21092; Directorate Identifier 2005-CE-20-AD; 
Amendment 39-14118; AD 2005-12-02]
RIN 2120-AA64


Airworthiness Directives; Revo, Incorporated Models Colonial C-2, 
Lake LA-4, Lake LA-4A, Lake LA-4P, and Lake LA-4-200 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) to 
supersede Airworthiness Directive (AD) 98-10-12, which applies to all 
Revo, Incorporated (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. AD 98-10-12 
currently requires you to ensure adequate clearance between the 
attachment fitting and the horizontal stabilizer rear beam and between 
the attachment fitting and the stabilizer skin with inspections, 
possible replacement, and adjustments as necessary. This new AD is the 
result of several reports of fatigue cracks found in the horizontal 
stabilizer attachment fitting (part number 2-2200-21) of Model LA-4-200 
airplanes that were in compliance with AD 98-10-12. This includes an 
airplane accident with a fatality attributed to a fatigue crack in the 
horizontal stabilizer attachment fitting. Consequently, this AD 
requires either a dye penetrant inspection of the horizontal stabilizer 
attachment fitting for any evidence of fretting, cracking, or corrosion 
(with necessary replacement and modification) or replacement of the 
fittings depending on the number of operational hours on the fitting. 
The AD also requires you to repetitively replace the fitting every 850 
hours time-in-service (TIS), repetitively inspect (visually) the 
fittings between replacement times, and report to FAA the results of 
the initial inspection and any cracks found on repetitive inspections. 
We are issuing this AD to detect, correct, and prevent future cracks in 
the horizontal stabilizer attachment fitting, which could result in 
failure of the horizontal stabilizer attachment fitting. This failure 
could result in loss of control of the airplane.

DATES: This AD becomes effective on July 8, 2005.
    As of July 8, 2005, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.
    We must receive any comments on this AD by August 8, 2005.

ADDRESSES: Use one of the following to submit comments on this AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact Revo, Incorporated, 1396 Grandview Boulevard, Kissimmee, FL 
34744.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2005-21092; Directorate Identifier 2005-CE-20-AD.

FOR FURTHER INFORMATION CONTACT: Cindy Lorenzen, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, 1895 Phoenix Boulevard, 
suite 450, Atlanta, Georgia 30349; telephone: (770) 703-6078; 
facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:
    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:
     Measuring for a clearance of \5/32\ of an inch between the 
attachment fitting and the horizontal stabilizer rear beam.
     If 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.
     If 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.
    What 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.
    The cracks occurred with as little as 942 hours time-in-service 
(TIS) on the horizontal stabilizer attachment fitting.
    What 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.
    Is there service information that applies to this subject? REVO has 
issued Service Bulletin B-78, dated April 3, 1998.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Removing the fitting and inspecting (both visual and dye penetrant) 
for cracks, fretting, or corrosion;
--Replacing the attachment fitting with a new fitting;
--Measuring the gap between the attachment fitting and the horizontal

[[Page 33821]]

stabilizer skin for proper clearance; and
--Trimming the stabilizer skin to provide proper clearance.

FAA's Determination and Requirements of the AD

    What 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.
    Since 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.
    What does this AD require? This AD supersedes AD 98-10-12 by 
requiring the following:
     Dye 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;
     Replacement of the fittings for those airplanes with 825 
or more hours TIS on the fittings;
     Repetitive replacement of the fitting every 850 hours 
time-in-service (TIS);
     Repetitive visual inspections of the fitting every 50 
hours TIS (or at the next annual inspection) between the fitting 
replacements; and
     Submittal of a report to FAA on the findings of the 
initial inspection and report of any cracks found for the repetitive 
inspections.
    In 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.
    How 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

    Will 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.

Authority for This Rulemaking

    What 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.
    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

    Will 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.
    Will this AD involve a significant rule or regulatory action? 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 ``AD 
Docket FAA-2005-21092; Directorate Identifier 2005-CE-20-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. 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 to read as follows:

2005-12-02 Revo, Incorporated (Type Certificate 1A13 formerly held 
by Colonial Aircraft Company, Lake Aircraft Corporation, 
Consolidated Aeronautics, Inc., and Global Amphibians LLC): 
Amendment 39-14118; Docket No. FAA-2005-21092; Directorate 
Identifier 2005-CE-20-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on July 8, 2005.

[[Page 33822]]

Are Any Other ADs Affected By This Action?

    (b) Yes. This AD supersedes AD 98-10-12; Amendment 39-10524.

What Airplanes Are Affected by This AD?

    (c) This AD affects Models Colonial C-2, Lake LA-4, Lake LA-4A, 
Lake LA-4P, and Lake LA-4-200, all serial numbers, that are 
certificated in any category.

What is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of several reports of fatigue cracks 
found in the horizontal stabilizer attachment fitting (part number 
(P/N) 2-2200-21) of Model LA-4-200 airplanes and one report of a 
Model LA-4-200 airplane accident with a fatality attributed to a 
fatigue crack in the horizontal stabilizer attachment fitting. 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.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) For airplanes with 825 hours  Within the next 25  Follow Revo, Inc.
 time-in-service (TIS) or more     hours TIS after     Service Bulletin
 on any horizontal stabilizer      July 8, 2005 (the   B-78, dated April
 attachment fitting as of July     effective date of   3, 1998,
 8, 2005 (the effective date of    this AD)            paragraphs 2 and
 this AD):                         Repetitively        3 of the
(i) Replace the horizontal         replace any         INSPECTION and
 stabilizer attachment fitting     horizontal          REPAIR section
 (part number (P/N) 2-2200-21)..   stabilizer          and the APPENDIX.
(ii) If necessary, trim the        attachment
 horizontal stabilizer rear beam   fitting (P/N 2-
 doubler flange to provide         2200-21)
 positive clearance to the         thereafter
 fitting..                         following
                                   paragraph (e)(3)
                                   of this AD.
---------------------------------
(2) For airplanes with less than  Inspect within the  Follow Revo, Inc.
 825 hours TIS on any horizontal   next 25 hours TIS   Service Bulletin
 stabilizer attachment fitting     after July 8,       B-78, dated April
 as of July 8, 2005 (the           2005 (the           3, 1998,
 effective date of this AD):       effective date of   INSPECTION and
(i) Remove the horizontal          this AD), unless    REPAIR section
 stabilizer attachment fitting     already done. If    and the APPENDIX.
 (P/N 2-2200-21) from the          cracks, fretting,
 airplane and inspect for cracks   or corrosion is
 (using dye penetrant),            found, replace
 fretting, or corrosion. To take   before further
 ``already done'' credit for       flight after the
 this, you must have removed the   inspection.
 fitting from the airplane when
 the inspection was done..
(ii) Replace any horizontal
 stabilizer attachment fitting
 if you find any cracks,
 fretting, or corrosion.
---------------------------------
(3) For all airplanes:            Every 850 hours     Follow Revo, Inc.
 Repetitively replace the          TIS.                Service Bulletin
 horizontal stabilizer                                 B-78, dated April
 attachment fittings upon                              3, 1998,
 accumulating 850 hours TIS on                         paragraphs 2 and
 the fittings.                                         3 of the
                                                       INSPECTION and
                                                       REPAIR section
                                                       and the APPENDIX.
---------------------------------
(4) For all airplanes: Measure    Before further      Follow Revo, Inc.
 the gap between the horizontal    flight after any    Service Bulletin
 skin and the horizontal           replacement of      B-78, dated April
 stabilizer attachment fitting     the fitting         3, 1998.
 (P/N 2-2200-21). If gap is less   required by
 than \1/16\-inch, trim the skin   paragraphs
 to provide at least \1/16\-inch   (e)(1), (e)(2),
 gap.                              and (e)(3) of
                                   this AD.
---------------------------------
(5) For all airplanes:            Repetitively        Follow the
 Repetitively inspect (visual)     inspect at          procedures
 the horizontal stabilizer         whichever of the    presented in the
 attachedment fitting using the    following that      Actions column of
 following procedures.             occurs first        this paragraph,
(i) Move the elevator as           (first repetitive   including the
 required to see the fitting,      starts after the    sketch on page 1
 ensuring that the aft face of     initial             of the Service
 the fitting is visible.           inspection or       Bulletin B-78.
(ii) Clean the fitting. Pay        replacement):
 special attention to the radius    50 hours
 edges of the fitting just         TIS; or.
 outboard of the fitting ear.       the next
(iii) Visually inspect the         annual inspection.
 fitting for cracks using a       Replace the
 flashlight (a small magnifying    fitting prior to
 glass or borescope is             further flight
 recommended). Pay special         after any
 attention again to the radius     inspection where
 edges just outboard of the        cracks are found.
 fitting ear. Also, inspect as
 far forward on the edge that is
 possible because some cracks
 progress along the forward face
 of the fitting that is mostly
 hidden by the horizontal
 stabilizer rear beam.
(iv) Reference the sketch on
 page 1 of the Service Bulletin
 B-78 to see where the crack is
 likely to begin.
(v) Replace the fitting prior to
 further flight if cracks are
 found during any of these
 inspections.
---------------------------------

[[Page 33823]]

 
(6) For all airplanes: Report to  Within 10 days      Send the form
 FAA the results of the initial    after the           (Figure 1 of this
 inspection required by            inspection          AD) to FAA,
 paragraph (e)(2) of this AD       required by         Atlanta ACO, 1895
 even if no damage is found, and   paragraph (e)(2)    Phoenix
 report the results of the         or (e)(5) of this   Boulevard, suite
 repetitive inspections required   AD or within 10     450, Atlanta,
 by paragraph (e)(2) of this AD    days after July     Georgia 30349;
 only if cracks are found. The     8, 2005 (the        telephone: (770)
 Office of Management and Budget   effective date of   703-6078;
 (OMB) approved the information    this AD),           facsimile: (770)
 collection requirements           whichever occurs    703-6097.
 contained in this regulation      later.
 under the provisions of
 Paperwork Reduction Act of 1980
 (44 U.S.C. 3501 and those
 following sections) and
 assigned OMB Control Number
 2120-0056.
---------------------------------
(7) For all airplanes: Do not     As of July 8, 2005  Not Applicable.
 install used serviceable          (the effective
 fittings, unless you know the     date of this AD).
 number of accumulated hours TIS
 and have inspected following
 the requirements of paragraph
 (e)(2) of this AD.
------------------------------------------------------------------------

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[[Page 33824]]

[GRAPHIC] [TIFF OMITTED] TR10JN05.002

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[[Page 33825]]

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Atlanta Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact Cindy Lorenzen, 
Aerospace Engineer, FAA, Atlanta ACO, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone: (770) 703-6078; facsimile: 
(770) 703-6097.

May I Obtain a Special Flight Permit for the Initial Inspection or 
Replacement Requirement of This AD?

    (g) Yes. Special flight permits are allowed for this AD with 
these limitations:
    (1) Vne reduced to 121 m.p.h. (105 knots); and
    (2) No flight into known turbulence.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in Revo, Inc. Service Bulletin B-78, dated April 3, 
1998. The Director of the Federal Register approved the 
incorporation by reference of this service bulletin in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this 
service information, contact Revo, Incorporated, 1396 Grandview 
Boulevard, Kissimmee, FL 34744. To review copies of this service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030. To 
view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, S.W., Nassif 
Building, Room PL-401, Washington, DC 20590-001 or on the Internet 
at http://dms.dot.gov. The docket number is FAA-2005-21092; 
Directorate Identifier 2005-CE-20-AD.

    Issued in Kansas City, Missouri, on June 2, 2005.
Kim Smith,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11361 Filed 6-9-05; 8:45 am]
BILLING CODE 4910-13-P