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2019-10-06 AVIAT AIRCRAFT INC.: Amendment 39-19645; Docket No. FAA-2017-0418; Product Identifier 2016-CE-041-AD.
(a) EFFECTIVE DATE

    This AD is effective July 22, 2019.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This  AD  applies  to  Aviat Aircraft Inc. (Aviat) Models A-1C-180 and
    A-1C-200 airplanes, serial numbers 3181 through 3282,  certificated in
    any category, that are equipped with a Rapco part number (P/N) RA1798-
    00-1 fuel vent check valve on one or both wings.

(d) SUBJECT

    Joint Aircraft System Component (JASC) Code 2820, Fuel Distribution.

(e) UNSAFE CONDITION

    This AD was prompted by a report that Rapco P/N RA1798-00-1 fuel  vent
    check valves are sticking in the closed position.  We are issuing this
    AD to detect and  correct failure of the  fuel tank vent check  valve,
    which could  result in  fuel starvation  to the  engine and  cause the
    engine to shut down.

(f) COMPLIANCE

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

(g) VERIFY PROPER OPERATION OF THE FUEL VENT CHECK VALVE ON EACH WING

    Before further flight after July 22, 2019  (the effective date of this
    AD), revise the airplane flight manual (AFM) as follows:

(1) Insert  into  the  Limitations Section of the AFM steps 1 through 3 of
    the  Accomplishment  Instructions  in  Aviat  Aircraft  Inc. Mandatory
    Service Bulletin (MSB) No. 33, Initial Release dated November 11, 2016
    (Aviat SB, No. 33, IR).

(2) Immediately following steps 1 through 3, add the following language to
    the Limitations Section of the AFM:  Step 4.  If there is a stuck fuel
    vent check valve, it must be replaced in accordance with AD 2019-10-06
    before further flight.

(3) This  AFM  revision  requires  preflight checks of the fuel vent check
    valve on each wing.  This insertion and the steps therein  may be per-
    formed by the owner/operator (pilot) holding  at least a private pilot
    certificate.  The  AFM  revision  must  be  entered  into the aircraft
    records showing compliance  with  this  AD  in accordance  with 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) REMOVE INOPERATIVE FUEL VENT CHECK VALVE

    If a fuel vent check valve is not operating properly,  before  further
    flight, remove the inoperative valve by following steps 5 and 6 of the
    Accomplishment Instructions in Aviat SB, No. 33, IR.

(i) REPLACE INOPERATIVE FUEL VENT CHECK VALVE

    Before further flight  after removing  any inoperative fuel vent check
    valve as required by paragraph (h) of this AD, replace it with an air-
    worthy fuel vent check valve by following step 8 of the Accomplishment
    Instructions in Aviat SB, No. 33, IR.  If both fuel vent check valves,
    Rapco P/N RA1798-00-1, are replaced with Aviat P/N 38266-501 fuel vent
    check valves,  you may remove the AFM revisions required  by paragraph
    (g)(1) and (2) of this AD.

(j) SPECIAL FLIGHT PERMIT

    Special flight permits are not necessary  for the preflight checks.  A
    special flight permit  is  allowed  for  this AD per 14 CFR 39.23 with
    limitations.  Special flight permits are permitted for the airplane to
    be flown visual flight rules only to a location  where the inoperative
    fuel vent check valve  can be removed and replaced.  No special flight
    permits are allowed if both valves are found to be inoperative.

(k) ALTERNATIVE METHODS OF COMPLIANCE (AMOCS)

(1) The  Manager,  Denver  ACO Branch,  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  and office identified in
    paragraph (l)(1) of this AD.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, or lacking  a principal inspector,  the manager of  the local
    flight standards district office/certificate holding district office.

(l) RELATED INFORMATION

    For more information about this AD, contact Richard R Thomas, Aviation
    Safety Engineer (ASE), FAA, Denver ACO Branch, 26805 East 68th Avenue,
    Room 214,  Denver, Colorado 80249;  phone: (303) 342-1085;  fax: (303)
    342-1088;  email: richard.r.thomas@faa.gov. If an AMOC is requested by
    email,  it must be sent to both the ASE's  email  and  the  Denver ACO
    Branch general email: 9-Denver-Aircraft-Cert@faa.gov.

(m) 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.

(i) Aviat Aircraft Inc. Mandatory Service Bulletin No. 33, Initial Release
    dated November 11, 2016.

(ii) [Reserved]

(3) For service information identified in this AD,  contact Aviat Aircraft
    Inc., P.O. Box 1240, Afton, WY 83110; phone (307) 885-3151; fax: (307)
    885-9674; email aviat@aviataircraft.com; internet http://aviataircraft
    .com.

(4) You may view this service information at 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.

(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 June 10, 2019. Melvin J. Johnson, Air-
craft  Certification  Service,  Deputy  Director,  Policy  and  Innovation
Division, AIR-601.

FOR FURTHER INFORMATION CONTACT: Richard R. Thomas,  Aviation Safety Engi-
neer,  FAA,  Denver Aircraft Certification Office (ACO) Branch, 26805 East
68th Avenue, Room 214, Denver, Colorado 80249; phone: (303) 342-1085; fax:
(303) 342-1088; email: richard.r.thomas@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0418; Product Identifier 2016-CE-041-AD; Amendment
39-19645; AD 2019-10-06]
RIN 2120-AA64

Airworthiness Directives; Aviat Aircraft Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Aviat Aircraft Inc. Models A-1C-180 and A-1C-200 airplanes equipped
with a Rapco part number RA1798-00-1 fuel vent check valve installed on
either wing or both. This AD was prompted by a report that the fuel
tank vent check valves are sticking in the closed position causing fuel
starvation to the engine. This AD requires revision of the airplane
flight manual (AFM) to add a pre-flight check of the fuel vent check
valves for proper operation and replacing any inoperative fuel vent
check valve with an airworthy part. We are issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective July 22, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 22,
2019.

ADDRESSES: For service information identified in this final rule,
contact Aviat Aircraft Inc., P.O. Box 1240, Afton, WY 83110; phone
(307) 885-3151; fax: (307) 885-9674; email: aviat@aviataircraft.com;
internet: http://aviataircraft.com. You may view this 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-2017-0418.

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-
0418; 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 Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Richard R. Thomas, Aviation Safety
Engineer, FAA, Denver Aircraft Certification Office (ACO) Branch, 26805
East 68th Avenue, Room 214, Denver, Colorado 80249; phone: (303) 342-
1085; fax: (303) 342-1088; email: richard.r.thomas@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Aviat Aircraft Inc.
(Aviat) Models A-1C-180 and A-1C-200 airplanes equipped with Rapco part
number (P/N) RA1798-00-1 fuel vent check valves. The NPRM published in
the Federal Register on May 5, 2017 (82 FR 21142). The NPRM was
prompted by a report of the fuel tank vent check valves sticking in the
closed position causing fuel starvation to the engine. The incident
airplane was equipped with Rapco P/N RA1798-00-1 fuel vent check
valves. As designed, the check valve ball seat on this P/N valve is
nearly the same diameter as the ball and the ball can readily wedge
itself in the seat and block the fuel tank vent. The NPRM proposed to
require revising the AFM to add a pre-flight check of the fuel vent
check valves for proper operation and replacing any inoperative fuel
vent check valve with a Dukes P/N 1798-00-1 fuel check valve.

Actions Since the NPRM was Issued

Since we issued the NPRM, Aviat designed a new fuel vent check
valve, P/N 38266-501, that can be installed in place of the Rapco fuel
vent check valve. We determined this Aviat fuel vent check valve is not
subject to the unsafe condition. We also determined that the Dukes fuel
vent check valve, P/N 1798-00-1, cannot be installed to replace a Rapco
fuel vent check valve due to a difference in length. Accordingly, we
revised paragraph (i) of this AD to require replacing inoperative Rapco
fuel vent check valves with Aviat valves instead of Dukes valves. We
also removed the note from the Applicability section that referenced
the Dukes valve.
We are issuing this AD to correct the unsafe condition on these
products.

Comments

We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.

Additional Changes Made to the Final Rule

We updated the on-condition parts cost to reflect that removing and
replacing the Rapco fuel vent check valve requires cutting a hole in
the wing skin and installing an access cover over the hole once the
valve has been replaced. We added the minimal cost of this cover to the
on-condition parts cost. Labor cost was unaffected by the cover
installation.
We clarified the requirement to amend the AFM and added a fourth
step to the AFM amendment to alert the owner/operator (pilot) that an
inoperative check valve must be replaced in accordance with this AD. We
also removed the requirement to make a maintenance entry under part 43,
as revising a flight manual is not a maintenance action. A record of
the AFM change must still be made as required by 14 CFR
91.417(a)(2)(v).
We refined the requirements to remove and replace an inoperative
fuel vent check valve by removing the references to steps 4 and 9 of
the service information. Step 4 of the service information is no longer
necessary due to other changes to this AD, and step 9 is unnecessary
for this AD because it is required by standard maintenance practices
under 14 CFR part 43. We also changed the language regarding replacing
both valves with valves that are unaffected by this AD from ``the repetitive
pre-flight checks required in paragraph (g) of this AD are terminated'' to ``you
may remove the AFM revisions required by paragraph (g) of this AD.'' This
change makes it clear that operators do not need an alternative method
of compliance (AMOC) to return the AFM to its pre-AD configuration if
they remove both Rapco valves.
Lastly, we added a second email address for requesting an AMOC.
Requests must be submitted to both the assigned Aviation Safety
Engineer and the Denver ACO Branch general email addresses.

Conclusion

We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed except
for the changes previously discussed. We have determined that these
changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

We reviewed Aviat Mandatory Service Bulletin No. 33, Initial
Release, dated November 11, 2016. The service bulletin contains
procedures for checking the fuel vent check valve on each wing of the
airplane for proper operation and replacing any inoperative fuel vent
check valve. 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 98 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
Pre-flight check of the fuel vent check valve for proper operation as incorporated in the aircraft flight manual. .5 work-hour x $85 per hour = $42.50 per pre-flight check
N/A
$42.50
$4,165

We conservatively estimated the cost to do a single pre-flight
check. We recognize the pilot is allowed to perform this check without
the assistance of a mechanic, which will significantly reduce the
estimated cost. We further recognize that an individual airplane will
require this check every pre-flight from the issuance of this AD until
the end of its useful life as long as at least one P/N RA1798-00-1 fuel
vent check valve is installed on either wing. We have no way of
determining the total cost of repeating this check every pre-flight
either for a single product or for all U.S. operators.
We estimate the following costs to do any necessary replacements
that will be required based on the results of the pre-flight check. We
have no way of determining the number of airplanes that may need these
replacements.

On-Condition Costs

Action
Labor cost
Parts cost
Cost per product
Remove and replace inoperative fuel vent check valve. 2 work-hours (1 work-hour to remove and 1 work-hour to replace) x $85 per hour = $170 per fuel vent check valve. (There are 2 fuel vent check valves per airplane = $340 to remove and replace both.). $330 per fuel vent check valve and $25 per access cover. ($710 for both.) $525 per fuel vent check valve. ($1050 to remove and replace both.)

The access cover cost is for a solid color. It does not include
custom paint schemes to match an individual airplane.

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

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 adding the following new airworthiness
directive (AD):