Airworthiness Directives; American Champion Aircraft Corp., 17542-17545 [2017-06960]
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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.
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(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
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15:14 Apr 11, 2017
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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
https://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 https://
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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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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
https://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:
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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: https://
www.americanchampionaircraft.com/
service-letters.html. It is also available
on the internet at https://
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 https://
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 https://
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:
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ESTIMATED COSTS
Action
Labor cost
Fabrication of placard, inspection of aileron hinge rib and
support, and report of findings to the FAA.
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Frm 00013
Parts cost
2 work-hours × $85 per hour
= $170.00.
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$100
12APR1
Cost per
product
$270.00
Cost on U.S.
operators
$17,280
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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.
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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),
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(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-
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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
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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
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(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: https://
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: https://
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
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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
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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]
-----------------------------------------------------------------------
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 https://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: https://www.americanchampionaircraft.com/service-letters.html. It is also
available on the internet at https://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 https://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 https://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: https://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: https://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