Airworthiness Directives; American Champion Aircraft Corp., 17542-17545 [2017-06960]

Download as PDF 17542 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations (e) Reason This AD was prompted by dislodged engine fan cowl access panels. We are issuing this AD to prevent damage to the fuselage and flight control surfaces from dislodged engine fan cowl panels, and prevent incorrect weight and balance calculations. Incorrect weight and balance calculations may shift the center of gravity beyond approved design parameters and affect in-flight control, which could endanger passengers and crew. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Fastener Installation, with Revised Service Information This paragraph restates the requirements of paragraph (g) of AD 2015–03–01, with revised service information. Within 6,000 flight hours after March 17, 2015 (the effective date of AD 2015–03–01): Install attaching hardware on the left and right engine fan cowl access panels and the nacelle attaching structures, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 601R–71–034, Revision B, dated August 1, 2014; or Bombardier Service Bulletin, 601R–71–034, Revision D, dated October 7, 2016. As of the effective date of this AD, only Bombardier Service Bulletin, 601R–71–034, Revision D, dated October 7, 2016, may be used. (h) Inserting Weight and Balance Data Within 6,000 flight hours after the effective date of this AD, revise the applicable Weight and Balance Manual to include the weight and balance data specified in Bombardier Service Bulletin, 601R–71–034, Revision D, dated October 7, 2016. pmangrum on DSK3GDR082PROD with RULES (i) Credit for Previous Actions (1) This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 601R–71–034, dated March 31, 2014; Bombardier Service Bulletin 601R– 71–034, Revision A, dated April 28, 2014; or Bombardier Service Bulletin 601R–71–034, Revision C, dated May 8, 2015. (2) This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 601R–71–034, Revision C, dated May 8, 2015. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE–170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart VerDate Sep<11>2014 15:14 Apr 11, 2017 Jkt 241001 Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (ii) Global AMOC 15–36, dated August 28, 2015, is approved as an AMOC for the corresponding provisions of paragraph (g) of this AD. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE–170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF–2014–20R1, dated August 12, 2015. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2016–6897. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(5) and (l)(6) of this AD. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on May 17, 2017. (i) Bombardier Service Bulletin 601R–71– 034, Revision D, dated October 7, 2016. (ii) Reserved. (4) The following service information was approved for IBR on March 17, 2015 (80 FR 7298, February 10, 2015). (i) Bombardier Service Bulletin 601R–71– 034, Revision B, dated August 1, 2014. (ii) Reserved. (5) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; email thd.crj@ aero.bombardier.com; Internet http:// www.bombardier.com. (6) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (7) You may view this service information that is incorporated by reference 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: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Issued in Renton, Washington, on March 31, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–07091 Filed 4–11–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0283; Directorate Identifier 2017–CE–009–AD; Amendment 39–18849; AD 2017–07–10] RIN 2120–AA64 Airworthiness Directives; American Champion Aircraft Corp. Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: We are adopting a new airworthiness directive (AD) for certain American Champion Aircraft Corp. Model 8KCAB airplanes. This AD requires fabrication and installation of a placard to prohibit aerobatic flight, inspection of the aileron hinge rib and support, and a reporting requirement of the inspection results to the FAA. This AD was prompted by a report of a cracked hinge support and cracked hinge ribs, which resulted in partial loss of control with the aileron binding against the cove. We are issuing this AD to correct the unsafe condition on these products. DATES: This AD is effective April 12, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 12, 2017. We must receive comments on this AD by May 30, 2017. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., SUMMARY: E:\FR\FM\12APR1.SGM 12APR1 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this final rule, contact American Champion Aircraft Corp., P.O. Box 37, 32032 Washington Ave., Rochester, Wisconsin 53167; telephone: (262) 534– 6315; fax: (262) 534–2395; email: acaengineering@tds.net; Internet: http:// www.americanchampionaircraft.com/ service-letters.html. It is also available on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0283. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0283; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800–647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Wess Rouse, Aerospace Engineer, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: (847) 294–8113; fax: (847) 294–7834; email: wess.rouse@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We received a report of an event on an American Champion Aircraft Corp. Model 8KCAB airplane. In this event the pilot reported a stuck aileron during some phases of flight. The pilot was able to ‘‘un-stick’’ the aileron and land the airplane. Upon inspection, the operator found cracked structure around several of the aileron hinges. This AD was prompted by a report of a cracked hinge support and cracked hinge ribs, which resulted in partial loss of control with the aileron binding against the cove. This condition, if not corrected, could result in failure of the aileron support structure; leading to excessive deflection, binding of the control surface, and potential loss of control. We are issuing this AD to correct the unsafe condition on these products. Related Service Information Under 1 CFR Part 51 We reviewed American Champion Aircraft Corp. Service Letter 442, dated February 16, 2017. The service information describes procedures for initial and repetitive inspections of the aileron hinge rib and support. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES. FAA’s Determination We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between the AD and the Service Information.’’ This AD also requires sending the inspection results to the FAA so that appropriate FAA-approved repair action can be incorporated and the information can be evaluated for any possible future inspections or modifications. Differences Between the AD and the Service Information American Champion Aircraft Corp. Service Letter (SL) 442, dated February 16, 2017, requires repetitive inspections. The FAA has not determined whether these intervals are appropriate. This AD includes fabrication and installation of a placard limiting aerobatic flight for the 10 flight hours allowed prior to the inspection. The service information does not contain such a placard limitation. The service information requires reporting inspection results to American Champion. This AD requires reporting of inspection results to the 17543 FAA. The service information does not address corrective actions if cracks are found. This AD will not allow further flight for airplanes with known cracks. The actions required by this AD take precedence over the service information. FAA’s Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because these cracks can lead to a loss of control and current evidence suggests they are growing rapidly. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited 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 send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA–2017–0283 and Directorate Identifier 2017–CE–009–AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Costs of Compliance We estimate that this AD affects 64 airplanes of U.S. registry. We estimate the following costs to comply with this AD: pmangrum on DSK3GDR082PROD with RULES ESTIMATED COSTS Action Labor cost Fabrication of placard, inspection of aileron hinge rib and support, and report of findings to the FAA. VerDate Sep<11>2014 15:14 Apr 11, 2017 Jkt 241001 PO 00000 Frm 00013 Parts cost 2 work-hours × $85 per hour = $170.00. Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM $100 12APR1 Cost per product $270.00 Cost on U.S. operators $17,280 17544 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120–0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW., Washington, DC 20591. ATTN: Information Collection Clearance Officer, AES–200. pmangrum on DSK3GDR082PROD with RULES 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 rulemaking action. Regulatory Findings 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 DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), VerDate Sep<11>2014 15:14 Apr 11, 2017 Jkt 241001 (3) Will not affect intrastate aviation in Alaska, and (4) 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. 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 FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2017–07–10 American Champion Aircraft Corp.: Amendment 39–18849; Docket No. FAA–2017–0283; Directorate Identifier 2017–CE–009–AD. (a) Effective Date This AD is effective April 12, 2017. (b) Affected ADs None. (c) Applicability This AD applies to the following American Champion Aircraft Corp. Model 8KCAB airplanes that are certificated in any category: (i) Serial numbers 1116–2012 through 1120–2012, and 1122–2012 and up; and (ii) any Model 8KCAB airplane equipped with part number 4–2142 exposed balance ailerons. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 57, Wings. (e) Unsafe Condition This AD was prompted by a report of a cracked hinge support and cracked hinge ribs, which resulted in partial loss of control with the aileron binding against the cove. We are issuing this AD to prevent failure of the aileron support structure, which may lead to excessive deflection, binding of the control surface, and potential loss of control. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Restrict Airplane Operation As of April 12, 2017 (the effective date of this AD), the airplane is restricted to non- PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 aerobatic flight until the actions required in paragraphs (h)(1) through (3) of this AD are done, as applicable. This restriction is done as follows: (1) Before further flight after April 12, 2017 (the effective date of this AD), fabricate a placard using at least 1⁄8 inch letters with the words ‘‘AEROBATIC FLIGHT PROHIBITED’’ on it and install the placard on the instrument panel within the pilot’s clear view. (2) This action may be performed by the owner/operator (pilot) holding at least a private pilot certificate and must be entered into the aircraft records showing compliance with this AD in accordance with 14 CFR 43.9 (a)(1)–(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439. (h) Inspection (1) Within the next 10 hours time-inservice (TIS) after April 12, 2017 (the effective date of this AD), inspect the aileron hinge rib and support following American Champion Aircraft Corporation Service Letter (SL) 442, dated February 16, 2017. (2) If no cracks are found, during the inspection required in paragraph (h)(1) of this AD, the placard prohibiting aerobatic flight required in paragraph (g)(1) of this AD can be removed. (3) If cracks are found during the inspection required in paragraph (h)(1) of this AD, no further flight is permitted until an FAA-approved repair for this AD has been accomplished. There is currently no fix for airplanes with cracks in this area so such airplanes could not be operated until a repair that was FAA-approved specifically for the AD is incorporated. (4) Within 10 days after the inspection required in paragraph (h)(1) of this AD or within 10 days after April 12, 2017 (the effective date of this AD), whichever occurs later, report the inspection results to the FAA at the Chicago Aircraft Certification Office (ACO). Submit the report to the FAA using the contact information found in paragraph (j) of this AD. Include in the report the following information: (i) Hours TIS on the airplane since the affected part was installed, (ii) crack length, and (iii) location for all cracks found. (i) Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the E:\FR\FM\12APR1.SGM 12APR1 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Chicago ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (j) of this AD. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Related Information For more information about this AD, contact Wess Rouse, Aerospace Engineer, FAA, Chicago ACO, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: (847) 294–8113; fax: (847) 294–7834; email: wess.rouse@faa.gov. (l) Material Incorporated by Reference pmangrum on DSK3GDR082PROD with RULES (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) American Champion Aircraft Corp. Service Letter 442, dated February 16, 2017. (ii) Reserved. (3) For American Champion Aircraft Corp. service information identified in this AD, contact American Champion Aircraft Corp., P.O. Box 37, 32032 Washington Ave., Rochester, Wisconsin 53167; telephone: (262) 534–6315; fax: (262) 534–2395; email: acaengineering@tds.net; Internet: http:// www.americanchampionaircraft.com/ service-letters.html. (4) You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. (5) You may view this service information that is incorporated by reference 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: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Kansas City, Missouri, on April 3, 2017. Melvin Johnson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–06960 Filed 4–11–17; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 15:14 Apr 11, 2017 Jkt 241001 SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 210, 227, 229, 230, 239, 240, and 249 [Release Nos. 33–10332; 34–80355; File No. S7–09–16] RIN 3235–AL38 Inflation Adjustments and Other Technical Amendments Under Titles I and III of the Jobs Act Securities and Exchange Commission. ACTION: Final rule; technical amendments; interpretation. AGENCY: We are adopting technical amendments to conform several rules and forms to amendments made to the Securities Act of 1933 (‘‘Securities Act’’) and the Securities Exchange Act of 1934 (‘‘Exchange Act’’) by Title I of the Jumpstart Our Business Startups (‘‘JOBS’’) Act. To effectuate inflation adjustments required under Title I and Title III of the JOBS Act, we are also adopting new rules that include an inflation-adjusted threshold in the definition of the term ‘‘emerging growth company’’ as well as amendments to adjust the dollar amounts in Regulation Crowdfunding. DATES: Effective April 12, 2017. FOR FURTHER INFORMATION CONTACT: With regard to the amendments to Regulation Crowdfunding, Julie Davis at (202) 551–3460, in the Office of Small Business Policy, Division of Corporation Finance, and with regard to the other amendments, N. Sean Harrison at (202) 551–3430, in the Office of Rulemaking, Division of Corporation Finance, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549. SUMMARY: We are adopting amendments to Rule 405 1 and Forms C,2 S–1,3 S–3,4 S–4,5 S–8,6 S–11,7 F–1,8 F–3 9 and F–4 10 under the Securities Act; 11 Rule 12b–2,12 Rule 14a–21 13 and Forms 10,14 8–K,15 10– SUPPLEMENTARY INFORMATION: 1 17 CFR 230.405. CFR 239.900. 3 17 CFR 239.11. 4 17 CFR.239.13. 5 17 CFR 239.25. 6 17 CFR 239.16b. 7 17 CFR 239.18. 8 17 CFR 239.31. 9 17 CFR 239.33. 10 17 CFR 239.34. 11 15 U.S.C. 77a et seq. 12 17 CFR 240.12b–2. 13 17 CFR 240.14a–21. 14 17 CFR 249.210. 15 17 CFR 249.308. 2 17 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 17545 Q,16 10–K,17 20–F 18 and 40–F 19 under the Exchange Act; 20 Rule 2–02 21 and Rule 3–02 22 of Regulation S–X; 23 Rule 100 24 and Rule 201 25 of Regulation Crowdfunding; 26 and Items 301,27 303,28 308,29 402 30 and 1101 31 of Regulation S–K.32 I. Introduction We are adopting several technical amendments to conform our rules and forms to certain provisions of Title I of the JOBS Act.33 Title I amended the Securities Act and the Exchange Act to provide several exemptions from a number of shareholder voting, disclosure and other regulatory requirements for an issuer that qualifies as an ‘‘emerging growth company’’ 34 (‘‘EGC’’). Specifically, the regulatory 16 17 CFR 249.308a. CFR 249.310. 18 17 CFR 249.220f. 19 17 CFR 249.240f. 20 15 U.S.C. 78a et seq. 21 17 CFR 210.2–02. 22 17 CFR 210.3–02. 23 17 CFR 210.1–01 et seq. 24 17 CFR 227.100. 25 17 CFR 227.201. 26 17 CFR 227.100 et seq. 27 17 CFR 229.301. 28 17 CFR 229.303. 29 17 CFR 229.308. 30 17 CFR 229.402. 31 17 CFR 229.1101. 32 17 CFR 229.10 et seq. 33 Public Law 112–106, 126 Stat. 306 (2012). 34 Section 101(a) of the JOBS Act amended Section 2(a) of the Securities Act [15 U.S.C. 77b(a)] and Section 3(a) of the Exchange Act [15 U.S.C. 78c(a)] to define an ‘‘emerging growth company’’ as an issuer with less than $1 billion in total annual gross revenues during its most recently completed fiscal year. If an issuer qualifies as an EGC on the first day of its fiscal year, it maintains that status until the earliest of (1) the last day of the fiscal year of the issuer during which it has total annual gross revenues of $1 billion or more; (2) the last day of its fiscal year following the fifth anniversary of the first sale of its common equity securities pursuant to an effective registration statement; (3) the date on which the issuer has, during the previous three-year period, issued more than $1 billion in nonconvertible debt; or (4) the date on which the issuer is deemed to be a ‘‘large accelerated filer’’ (as defined in Exchange Act Rule 12b–2). See Section 2(a)(19) of the Securities Act [15 U.S.C. 77b(a)(19)] and Section 3(a)(80) of the Exchange Act [15 U.S.C. 78c(a)(80)]. A ‘‘large accelerated filer’’ is an issuer that, as of the end of its fiscal year, has an aggregate worldwide market value of the voting and nonvoting common equity held by its non-affiliates of $700 million or more, as measured on the last business day of the issuer’s most recently completed second fiscal quarter; has been subject to the requirements of Section 13(a) or 15(d) of the Exchange Act for a period of at least twelve calendar months; has filed at least one annual report pursuant to Section 13(a) or 15(d) of the Exchange Act; and is not eligible to use the scaled disclosure requirements under Regulation S–K for smaller reporting companies for its annual and quarterly reports. See Exchange Act Rule 12b–2. In Section IV.A of this release, we explain how we are adjusting for inflation the revenue threshold to qualify as an EGC, as required by the JOBS Act. 17 17 E:\FR\FM\12APR1.SGM 12APR1

Agencies

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Pages 17542-17545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06960]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0283; Directorate Identifier 2017-CE-009-AD; 
Amendment 39-18849; AD 2017-07-10]
RIN 2120-AA64


Airworthiness Directives; American Champion Aircraft Corp.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
American Champion Aircraft Corp. Model 8KCAB airplanes. This AD 
requires fabrication and installation of a placard to prohibit 
aerobatic flight, inspection of the aileron hinge rib and support, and 
a reporting requirement of the inspection results to the FAA. This AD 
was prompted by a report of a cracked hinge support and cracked hinge 
ribs, which resulted in partial loss of control with the aileron 
binding against the cove. We are issuing this AD to correct the unsafe 
condition on these products.

DATES: This AD is effective April 12, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 12, 
2017.
    We must receive comments on this AD by May 30, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE.,

[[Page 17543]]

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    For service information identified in this final rule, contact 
American Champion Aircraft Corp., P.O. Box 37, 32032 Washington Ave., 
Rochester, Wisconsin 53167; telephone: (262) 534-6315; fax: (262) 534-
2395; email: aca-engineering@tds.net; Internet: http://www.americanchampionaircraft.com/service-letters.html. It is also 
available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2017-0283.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0283; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wess Rouse, Aerospace Engineer, 2300 
East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: 
(847) 294-8113; fax: (847) 294-7834; email: wess.rouse@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We received a report of an event on an American Champion Aircraft 
Corp. Model 8KCAB airplane. In this event the pilot reported a stuck 
aileron during some phases of flight. The pilot was able to ``un-
stick'' the aileron and land the airplane. Upon inspection, the 
operator found cracked structure around several of the aileron hinges. 
This AD was prompted by a report of a cracked hinge support and cracked 
hinge ribs, which resulted in partial loss of control with the aileron 
binding against the cove. This condition, if not corrected, could 
result in failure of the aileron support structure; leading to 
excessive deflection, binding of the control surface, and potential 
loss of control. We are issuing this AD to correct the unsafe condition 
on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed American Champion Aircraft Corp. Service Letter 442, 
dated February 16, 2017. The service information describes procedures 
for initial and repetitive inspections of the aileron hinge rib and 
support. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between the AD and the Service Information.'' This AD 
also requires sending the inspection results to the FAA so that 
appropriate FAA-approved repair action can be incorporated and the 
information can be evaluated for any possible future inspections or 
modifications.

Differences Between the AD and the Service Information

    American Champion Aircraft Corp. Service Letter (SL) 442, dated 
February 16, 2017, requires repetitive inspections. The FAA has not 
determined whether these intervals are appropriate. This AD includes 
fabrication and installation of a placard limiting aerobatic flight for 
the 10 flight hours allowed prior to the inspection. The service 
information does not contain such a placard limitation. The service 
information requires reporting inspection results to American Champion. 
This AD requires reporting of inspection results to the FAA. The 
service information does not address corrective actions if cracks are 
found. This AD will not allow further flight for airplanes with known 
cracks. The actions required by this AD take precedence over the 
service information.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because these 
cracks can lead to a loss of control and current evidence suggests they 
are growing rapidly. Therefore, we find that notice and opportunity for 
prior public comment are impracticable and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    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 send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2017-0283 and 
Directorate Identifier 2017-CE-009-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 64 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Fabrication of placard, inspection of   2 work-hours x $85 per              $100         $270.00         $17,280
 aileron hinge rib and support, and      hour = $170.00.
 report of findings to the FAA.
----------------------------------------------------------------------------------------------------------------


[[Page 17544]]

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW., Washington, DC 20591. ATTN: Information 
Collection Clearance Officer, AES-200.

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 
rulemaking action.

Regulatory Findings

    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 DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 FAA amends 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 adding the following new airworthiness 
directive (AD):

2017-07-10 American Champion Aircraft Corp.: Amendment 39-18849; 
Docket No. FAA-2017-0283; Directorate Identifier 2017-CE-009-AD.

(a) Effective Date

    This AD is effective April 12, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following American Champion Aircraft 
Corp. Model 8KCAB airplanes that are certificated in any category:
    (i) Serial numbers 1116-2012 through 1120-2012, and 1122-2012 
and up; and
    (ii) any Model 8KCAB airplane equipped with part number 4-2142 
exposed balance ailerons.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of a cracked hinge support and 
cracked hinge ribs, which resulted in partial loss of control with 
the aileron binding against the cove. We are issuing this AD to 
prevent failure of the aileron support structure, which may lead to 
excessive deflection, binding of the control surface, and potential 
loss of control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Restrict Airplane Operation

    As of April 12, 2017 (the effective date of this AD), the 
airplane is restricted to non-aerobatic flight until the actions 
required in paragraphs (h)(1) through (3) of this AD are done, as 
applicable. This restriction is done as follows:
    (1) Before further flight after April 12, 2017 (the effective 
date of this AD), fabricate a placard using at least \1/8\ inch 
letters with the words ``AEROBATIC FLIGHT PROHIBITED'' on it and 
install the placard on the instrument panel within the pilot's clear 
view.
    (2) This action may be performed by the owner/operator (pilot) 
holding at least a private pilot certificate and must be entered 
into the aircraft records showing compliance with this AD in 
accordance with 14 CFR 43.9 (a)(1)-(4) and 14 CFR 91.417(a)(2)(v). 
The record must be maintained as required by 14 CFR 91.417, 121.380, 
or 135.439.

(h) Inspection

    (1) Within the next 10 hours time-in-service (TIS) after April 
12, 2017 (the effective date of this AD), inspect the aileron hinge 
rib and support following American Champion Aircraft Corporation 
Service Letter (SL) 442, dated February 16, 2017.
    (2) If no cracks are found, during the inspection required in 
paragraph (h)(1) of this AD, the placard prohibiting aerobatic 
flight required in paragraph (g)(1) of this AD can be removed.
    (3) If cracks are found during the inspection required in 
paragraph (h)(1) of this AD, no further flight is permitted until an 
FAA-approved repair for this AD has been accomplished. There is 
currently no fix for airplanes with cracks in this area so such 
airplanes could not be operated until a repair that was FAA-approved 
specifically for the AD is incorporated.
    (4) Within 10 days after the inspection required in paragraph 
(h)(1) of this AD or within 10 days after April 12, 2017 (the 
effective date of this AD), whichever occurs later, report the 
inspection results to the FAA at the Chicago Aircraft Certification 
Office (ACO). Submit the report to the FAA using the contact 
information found in paragraph (j) of this AD. Include in the report 
the following information:
    (i) Hours TIS on the airplane since the affected part was 
installed,
    (ii) crack length, and
    (iii) location for all cracks found.

(i) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the

[[Page 17545]]

burden should be directed to the FAA at: 800 Independence Ave. SW., 
Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago ACO, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
ACO, send it to the attention of the person identified in paragraph 
(j) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    For more information about this AD, contact Wess Rouse, 
Aerospace Engineer, FAA, Chicago ACO, 2300 East Devon Avenue, Room 
107, Des Plaines, Illinois 60018; telephone: (847) 294-8113; fax: 
(847) 294-7834; email: wess.rouse@faa.gov.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) American Champion Aircraft Corp. Service Letter 442, dated 
February 16, 2017.
    (ii) Reserved.
    (3) For American Champion Aircraft Corp. service information 
identified in this AD, contact American Champion Aircraft Corp., 
P.O. Box 37, 32032 Washington Ave., Rochester, Wisconsin 53167; 
telephone: (262) 534-6315; fax: (262) 534-2395; email: aca-engineering@tds.net; Internet: http://www.americanchampionaircraft.com/service-letters.html.
    (4) You may view this referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, 
call (816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on April 3, 2017.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-06960 Filed 4-11-17; 8:45 am]
 BILLING CODE 4910-13-P