DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0003; Product Identifier 2017-CE-033-AD; Amendment
39-19326; AD 2018-14-06]
RIN 2120-AA64
Airworthiness Directives; American Champion Aircraft Corp.
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are superseding Airworthiness Directive (AD) (AD) 2017-07-
10 for certain American Champion Aircraft Corp. (ACAC) Model 8KCAB
airplanes. AD 2017-07-10 required 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 requires repetitive inspections of the aileron
hinge support, installation of the aileron hinge support reinforcement
kit, and incorporation of revised pages into the service manual. 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 address the unsafe
condition on these products.
DATES: This AD is effective August 17, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 17,
2018.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of April
12, 2017 (82 FR 17542, April 12, 2017).
ADDRESSES: 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.
You may review
copies of the referenced service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148. It is also available on the internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2018-0003.
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-2018-
0003; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, M-30, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Wess Rouse, Small Airplane Program
Manager, 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 issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to remove AD 2017-07-10, Amendment 39-18849 (82 FR 17542, April
12, 2017) (``AD 2017-07-10''), and add a new AD. AD 2017-07-10 applied
to certain American Champion Aircraft Corp. (ACAC) Model 8KCAB
airplanes. AD 2017-07-10 required fabricating and installing a placard
to prohibit aerobatic flight, inspecting the aileron hinge rib and
support, and reporting the inspection results to the FAA. We issued AD
2017-07-10 to prevent failure of the aileron support structure, which
may lead to excessive deflection, binding of the control surface, and
potential loss of control.
The NPRM published in the Federal Register on January 11, 2018 (83
FR 1311). The NPRM 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. The NPRM proposed to retain the
placard and one-time inspection requirements of AD 2017-07-10 and
remove the reporting requirement. The NPRM also proposed to require
repetitive inspections of the aileron hinge support, installation of
the aileron hinge support reinforcement kit, and incorporation of
revised pages into the service manual. We are issuing this AD to
address the unsafe condition on these products.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request To Remove the Reinforcement Kit Requirement
Scott Austin, Chris Murley, Moritz Bartsch, David Trost, and an
anonymous individual requested the AD not require installation of the
reinforcement kit. In support of this request, the commenters state the
airplanes with failures that prompted the AD had different horsepower,
different wingtips, and were used repeatedly in ``hard'' aerobatic
operations. The commenters felt that airplanes with these design
differences and those used in normal operations would be safely
mitigated with repetitive inspections and installation of the
reinforcement kit only if cracks are found.
We do not agree. The commenters did not provide data to support a
position that the unsafe condition is affected by the differences in
horsepower or wing design. Additionally, all Model 8KCAB airplanes are
certificated to the same operational limits. We have no safety basis to
only rely on 100-hour/annual inspections to mitigate the unsafe
condition. We have not changed this AD based on this comment.
Additional Changes Made to This AD
We have deleted paragraph (g)(1) of the NPRM and renumbered
paragraphs (g)(2) and (g)(3) to (g)(1) and (g)(2) respectively in this
AD. Paragraphs (g)(2) and (g)(3) of the NPRM basically presented the
actions that were specified in paragraph (g)(1) of the NPRM, thus making
it
redundant and unnecessary.
We have also corrected minor typographical errors in paragraphs
(h)(1), (h)(3), and (h)(4) in this AD.
Lastly, we have clarified the document title of the airworthiness
limitations in paragraphs (h)(6) and (h)(7) in this AD.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed, except for the changes described
previously. These changes are consistent with the intent of the
proposals in the NPRM and will not increase the economic burden on any
operator nor increase the scope of the AD.
Related Service Information Under 1 CFR Part 51
We reviewed American Champion Aircraft Corp. Service Letter 442,
Revision A, dated August 18, 2017 (ACAC SL No. 442); American Champion
Aircraft Corp. Service Letter 444 Initial Revision, dated August 18,
2017 (ACAC SL No. 444); and page 4-1, Manual Revision B, of the
Airworthiness Limitations section and page 5-9, Manual Revision B, of
the Time and Maintenance Checks section, both dated October 3, 2017,
and included in American Champion Aircraft Corporation SM-601 8KCAB
Service Manual, Reissue B, dated October 3, 2017. ACAC SL No. 442
describes procedures and inspection intervals for inspection of the
aileron hinge rib and hinge support. ACAC SL No. 444 provides
instructions for the installation of the aileron hinge reinforcement
kit. Page 4-1 and page 5-9 are revised pages that add a repetitive
inspection to the 8KCAB Service Manual, SM-601, Reissue B, dated
October 3, 2017. 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 section.
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
Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
Fabrication of placard, inspection
of aileron hinge rib and support |
2 work-hours x $85 per hour
= $170.00 |
$100 |
$270.00 |
$17,280 |
Repetitive 100-hour TIS inspections |
1.5 work-hours x $85 per
hour = $127.50 |
N/A |
127.50 |
8,160 |
Installation of aileron hinge
support reinforcement kit |
50 work-hours x $85 per hour
= $4,250 |
2,200 |
6,450 |
412,800 |
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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under 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
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]
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2017-07-10, Amendment 39-18849 (82 FR 17542, April 12, 2017), and
adding the following new AD:
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