Here's the complete text of the notice in the Fed. Register:



DEPARTMENT OF TRANSPORTATION

Federal  Aviation  Administration

14 CFR Part 39

[Docket No. 97-CE-79-AD]
RIN 2120-AA64


Airworthiness Directives; American Champion Aircraft Corporation
7, 8,
and 11 Series Airplanes

AGENCY:  Federal  Aviation  Administration, DOT.

ACTION: Notice of  proposed rulemaking (NPRM).

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

SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to American Champion Aircraft Corporation (ACAC)
7, 8, and 11 series airplanes, excluding Model 8GCBC airplanes. The
Federal  Aviation  Administration (FAA) previously  proposed similar AD
action for the ACAC Model 8GCBC airplanes. The  proposed AD would
require installing inspection holes on the top and bottom wing surfaces,
repetitively inspecting the front and rear wood spars for damage,
repairing or replacing any damaged wood spar, and installing
inspection
covers. Damage is defined as cracks; compression cracks; longitudinal
cracks through the bolt holes or nail holes; or loose or missing rib
nails. The  proposed AD results from a review of the service history of
the affected airplanes that incorporate wood wing spars. The review was
prompted by in-flight wing structural failures on ACAC Model 8GCBC
airplanes, and revealed several incidents where damage was found on the
front and rear wood spars on the affected airplanes. The actions
specified by the  proposed AD are intended to prevent possible
compression cracks and other damage in the wood spar wing, which, if not
detected and corrected, could eventually result in in-flight structural
failure of the wing with consequent loss of the airplane.

DATES: Comments must be received on or before January 8, 1998.

ADDRESSES: Submit comments in triplicate to the  Federal  Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 97-CE-79-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106. Comments may be inspected at this location
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.

Service information that applies to the  proposed AD may be obtained
from American Champion Aircraft Corporation, P.O. Box 37, 32032
Washington Avenue, Highway D, Rochester, Wisconsin 53167. This
information also may be examined at the Rules Docket at the address
above.

FOR FURTHER INFORMATION CONTACT: Mr. William Rohder, Aerospace Engineer,
FAA, Chicago Aircraft Certification Office, 2300 E. Devon Avenue, Des
Plaines, Illinois 60018; telephone (847) 294-7697; facsimile (847)
294-7834.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire.  Communications should identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the proposed
rule. The proposals contained in this notice may be changed in light of
the comments received.
    Comments are specifically invited on the
overall regulatory, economic, environmental, and energy aspects of the
proposed rule. All comments submitted will be available, both before and
after the closing date for comments, in the Rules Docket for examination
by interested persons. A report that summarizes each FAA-public contact
concerned with the substance of this proposal will be filed in the Rules
Docket.
  Commenters wishing the FAA to acknowledge receipt of their
comments submitted in response to this notice must submit a
self-addressed, stamped postcard on which the following statement is
made: ``Comments to Docket No. 97-CE-79-AD.'' The postcard will be date
stamped and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request to
the FAA, Central Region, Office of the Regional Counsel, Attention:
Rules Docket No. 97-CE-79-AD, Room 1558, 601 E. 12th Street, Kansas
City, Missouri 64106.

Discussion

    AD 87-18-09, Amendment 39-5725, currently requires inspecting
(one-time) the sides of the front and rear wood spars for compression
cracks on ACAC Model 8GCBC airplanes, repairing or replacing any wood
spar with compression cracks, and re-inspecting immediately after any
incident involving wing damage. AD 87-18-09 was the result of three
accidents involving ACAC Model 8GCBC airplanes where structural damage
to the wing caused by compression cracks in a wood spar was considered
to be a primary factor of the accidents.
    Wood compression cracks are
failures of wood fibers on a plane perpendicular to the wood fiber
longitudinal axis. Repetitive high stress can initiate these compression
cracks on the top surface of the wing spar that is adjacent to doubler
plate glue lines and rib nail holes. These high stress conditions can
occur during crop dusting, banner and glider tow operations, turbulence,
and rough field or float operations. Compression cracks can also
initiate if the wing contacts the ground. Compression cracks can
initiate at either the top or bottom surface of the spar depending on
the loads (either upward or downward) at impact.
    In-flight
structural failure of the wing recently occurred on an ACAC Model 8GCBC
airplane that was initially inspected as required by AD 87-18-09. A
possible contributing factor of this incident was an undetected
compression crack on the right wing front spar.
    Investigation of
this accident and data acquired from inspections of several ACAC Model
8GCBC airplanes indicate that wood spar compression cracks can occur
without previous wing damage. The data indicates that detection of
compression crack initiation is unlikely on the sides of the spar,
unless the crack is in an advanced state of propagation. Based on this
data, the FAA believes that repetitive inspections are necessary. The
FAA recently issued an NPRM on the Model 8GCBC airplanes that was
published in the  Federal Register on September 26, 1997 (62 FR 50527).
This NPRM proposes to supersede AD 87-18-09, and, if issued as a final
rule, would require similar action to that  proposed in this document.

Reasons for the  Proposed AD

    The above-referenced incidents on the ACAC Model 8GCBC airplanes
prompted the FAA to review the service history of the other ACAC 8
series airplanes, as well as the 7 and 11 series airplanes. The FAA has
record of eight reports of accidents (five fatal) on ACAC 7 and 8 series
airplanes, other than the Model 8GCBC airplanes. Four of these accidents
are attributed to overstress, two to wing failure due to previous damage
going undetected, one to an overload condition with evidence of wing
panel failure prior to impact, and one spar with an out-of-specification
wood spar grain slope. This review revealed 16 reports of spar crack
damage (spar butt end and/or longitudinal cracks), 6 reports of
compression cracked spars, and 13 reports of loose/missing rib nails.
These reports break down as follows:

--Model 7AC (2,626 U.S. registered airplanes): 12 reports of spar crack

damage, plus 2 reports of loose/missing rib nails;
--Model 7BCM (253 U.S. registered airplanes): 1 report of spar crack

damage;
--Model 7ECA (871 U.S. registered airplanes): 1 report of a compression

cracked spar, plus 6 reports of loose/missing rib nails;
--Model 7GCBC (829 U.S. registered airplanes): 1 report of a
compression
cracked spar;
--Model 7KCAB (482 U.S. registered airplanes): 2 reports of spar crack

damage, 2 reports of compression cracked spars, and 3 reports of
loose/
missing rib nails; and
--Model 8KCAB (480 U.S. registered airplanes): 1 report of spar crack

damage, 2 reports of compression cracked spars, and 2 reports of
loose/
missing rib nails.

    The FAA believes that many cracked/damaged spars are not reported
because general  aviation operators (operating in accordance with part
91 of the Federal  Aviation Regulations (14 CFR part 91)) are not
required to submit service difficulty reports.

Relevant Service Information

    The FAA has reviewed and approved the technical contents of ACAC
Service Letter 406, dated March 28, 1994, and ACAC Service Letter 417,
Revision A, dated October 2, 1997. ACAC Service Letter 406, dated March
28, 1994, includes procedures for conducting a detailed visual
inspection of both the front and rear wood wing spars for cracks;
compression cracks; longitudinal cracks through the bolt holes or nail
holes; and loose or missing rib nails (referred to as damage hereafter).
ACAC Service Letter 417, Revision A, dated October 2, 1997, includes
procedures for installing inspection holes and surface covers and
assuring that all applicable lower surface drain holes are installed.

The FAA's Determination

    After examining the circumstances and reviewing all available
information related to the incidents and accidents described above,
including the referenced service information, the FAA has determined
that (1) the wing design of all 7, 8, and 11 series airplanes equipped
with wood spars is similar and is conducive to spar cracks/damage; and
(2) AD action should be taken to prevent possible compression cracks and
other damage in the wood spar wing, which, if not detected and
corrected, could eventually result in in-flight structural failure of
the wing with consequent loss of the airplane.

Explanation of the Provisions of the  Proposed AD

    Since an unsafe condition has been identified that is likely to exist
or develop in other ACAC 7, 8, and 11 series airplanes (excluding the
Model 8GCBC airplanes) of the same type design, the FAA is proposing AD
action. The  proposed AD would require installing inspection holes on
the top and bottom wing surfaces, repetitively inspecting the front and
rear wood spars for damage, repairing or replacing any damaged wood
spar, and installing surface covers. Accomplishment of the  proposed
actions would be as follows:

--Installations: in accordance with ACAC Service Letter 417, Revision
A, dated October 2, 1997;
--Inspections: in accordance with ACAC Service Letter 406, dated March
28, 1994; and
--Spar Repair and Replacement, as applicable: in accordance with Advisory
Circular (AC) 43-13-1A, Acceptable Methods, Techniques and Practices; or
other data that the FAA has approved for spar repair and replacement.

Differences Between This  Proposed AD and ACAC Service Letter 406

    ACAC Service Letter 406, dated March 28, 1994, specifies the same
inspections as are  proposed in this notice of  proposed rulemaking
(NPRM). The differences between the service letter and NPRM are:
--the
service letter specifies the  proposed action within the next 30 days or
10 flight hours and at each 100 hour/annual inspection thereafter. The
FAA has determined that a more realistic and enforceable compliance time
would be to require:

    1. The  proposed initial inspection at the first annual
inspection that occurs 3 calendar months or more after the effective date
of the AD or within 15 calendar months after the effective date of the
AD, whichever occurs first; and
    2. The  proposed repetitive inspections thereafter at intervals not
to exceed 12 calendar months or 500 hours time-in-service (TIS),
whichever occurs first;

and
--the service letter applies to all ACAC 7 and 8 series airplanes,
whereas the NPRM applies to ACAC 7, 8, and 11 series airplanes with
similar design, except for the Model 8GCBC airplanes. The FAA previously
proposed similar AD action for the ACAC Model 8GCBC airplanes, Docket
No. 97-CE-33-AD (62 FR 50527, September 26, 1997).

Compliance Time of the  Proposed AD

    The compliance time of the  proposed AD is presented in calendar time
and hours TIS. Although the unsafe condition specified in the  proposed
AD is a result of airplane operation, operators of the affected
airplanes utilize their airplanes in different ways.
    For example, an
operator may utilize his/her airplane 50 hours TIS in a year while
utilizing the aircraft in no or very little crop dusting operations,
banner and glider tow operations, or rough field or float operations.
This airplane would obviously have a lower crack propagation rate than
an airplane operated 300 hours TIS a year in frequent crop dusting
operations, banner and glider tow operations, or rough field or float
operations. However, this airplane could have pre-existing and
undetected wood spar damage that occurred during previous operations. In
this situation, the damage to the wood spar would propagate at a level
that depends on the operational exposure of the airplane and severity of
the initial wood spar damage.
    To assure that compression cracks do
not go undetected in the wood spars of the affected airplanes, the FAA
has determined that the following compliance times should be used:

    1. The  proposed initial inspection at the first annual inspection
that occurs 3 calendar months or more after the effective date of the AD
or within 15 calendar months after the effective date of the AD,
whichever occurs first; and
    2. The  proposed repetitive inspections thereafter at intervals not
to exceed 12 calendar months or 500 hours TIS, whichever occurs first.

Cost Impact

    The FAA estimates that 6,440 airplanes in the U.S. registry would be
affected by the  proposed AD, that it would take approximately 6
workhours (Installations: 5 workhours; Initial Inspection: 1 workhour)
per airplane to accomplish the  proposed action, and that the average
labor rate is approximately $60 an hour. Parts cost approximately $292
per airplane, provided that each airplane would only need 11 additional
standard inspection hole covers per wing bottom surface (total of 22 new
covers per airplane). If the airplane would require the installation of
more inspection covers (i.e., a result of previous non-factory wing
recover work), the cost could be slightly higher. Based on these
figures, the total cost impact of the  proposed AD on U.S operators is
estimated to be $4,198,880 or $652 per airplane.
    This cost figure is
based on the presumption that no affected airplane owner/operator has
accomplished the installations or the initial inspection. The FAA has no
knowledge of any owner/operator of the affected airplanes that has
already accomplished the installations and initial inspection.
    This
cost figure also does not account for repetitive inspections.  The FAA
has no way of determining the number of repetitive inspections each
owner/operator of the affected airplanes will incur over the life of
his/her airplane. However, each  proposed repetitive inspection would
cost substantially less than the initial inspection because of the cost
of the initial  proposed inspection hole and cover installations would
not be repetitive. The inspection covers allow easy access for the
inspection of the wood spars, and the  proposed compliance time would
enable the owners/operators of the affected airplanes to accomplish the
repetitive inspections at regularly scheduled annual inspections.

Regulatory Impact

    The regulations  proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
    For the reasons discussed
above, I certify that this action (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); and (3) if promulgated, 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. A copy of the
draft regulatory evaluation prepared for this action has been placed in
the Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft,  Aviation safety, Safety.

The  Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the  Federal  Aviation  Administration proposes to amend
14 CFR part 39 of the  Federal  Aviation Regulations 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.

[[Page 59313]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:

American Champion Aircraft Company: Docket No. 97-CE-79-AD.

    Applicability: The following airplane models, all serial numbers,
certificated in any category, that are equipped with wood wing spars:

7AC
7BCM (L-16A)
7DC
S7EC
7GC
7GCB
7HC
7KCAB
S11AC
7ACA
7CCM (L-16B)
S7DC
7ECA
7GCA
7GCBA
7JC
8KCAB
11BC
S7AC< BR>S7CCM
7EC
7FC
7GCAA
7GCBC
7KC
11AC
S11BC

& nbsp;   Note 1: This AD applies to each airplane identified in the preceding
applicability provision, regardless of whether it has been modified,
altered, repaired, or reconfigured in the area subject to the
requirements of this AD. For airplanes that have been modified, altered,
repaired, or reconfigured so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of the
modification, alteration, or repair on the unsafe condition addressed by
this AD; and, if the unsafe condition has not been eliminated, the
request should include specific proposed actions to address it.

    Compliance: Required as indicated in the body of this AD, unless
already accomplished.
    To prevent possible compression cracks and
other damage in the wood spar wing, which, if not detected and
corrected, could eventually result in in-flight structural failure of
the wing with consequent loss of the airplane, accomplish the
following:
    (a) At the first annual inspection that occurs 3 calendar
months or more after the effective date of this AD or within the next 15
calendar months after the effective date of this AD, whichever occurs
first, accomplish the following:
    (1) Install inspection holes in the
top and bottom surface of each wing in accordance with American Champion
Aircraft Corporation (ACAC) Service Letter 417, Revision A, dated
October 2, 1997. Assure that all drainage holes are installed as
depicted in this service letter, and install drainage holes as
necessary.
    (2) Inspect (detailed visual) both the front and rear
wood wing spars for cracks; compression cracks; longitudinal cracks
through the bolt holes or nail holes; and loose or missing rib nails
(referred to as damage hereafter). Accomplish these inspections in
accordance with ACAC Service Letter 406, dated March 28, 1994.
    (3)
If any spar damage is found, prior to further flight, accomplish the
following:
    (i) Repair or replace the wood wing spar in accordance
with Advisory Circular (AC) 43-13-1A, Acceptable Methods, Techniques and
Practices; or other data that is approved by the FAA for wing spar
repair or replacement.
    (ii) If the wing is recovered, accomplish the
installations required by paragraph (a)(1) of this AD, as applicable.

(4) Install inspection hole covers on the top and bottom surface of the
wing in accordance with ACAC Service Letter 417, Revision A, dated
October 2, 1997.
    (b) Within 12 calendar months or 500 hours TIS
(whichever occurs first) after accomplishing all actions required by
paragraph (a) of this AD, and thereafter at intervals not to exceed 12
calendar months or 500 hours TIS, whichever occurs first, accomplish the
inspection, repair, replacement, and installation required by paragraphs
(a)(2), (a)(3), as applicable; including its subparagraphs; and (a)(4)
of this
AD.
    (c) If, after the effective date of this AD, any of the affected
airplanes are involved in an incident/accident that involves wing
contact damage (e.g., surface deformations such as abrasions, gouges,
scratches, or dents, etc.), prior to further flight after that
incident/accident, accomplish the inspection, repair, replacement, and
installation required by paragraphs (a)(2), (a)(3), as applicable;
including its subparagraphs; and (a)(4) of this AD.
    (d) Special
flight permits may be issued in accordance with sections 21.197 and
21.199 of the  Federal  Aviation Regulations (14 CFR 21.197 and 21.199)
to operate the airplane to a location where the requirements of this AD
can be accomplished.
    (e) An alternative method of compliance or
adjustment of the initial or repetitive compliance time that provides an
equivalent level of safety may be approved by the Manager, Chicago
Aircraft Certification Office (ACO), 2300 E. Devon Avenue, Des Plaines,
Illinois 60018. The request shall be forwarded through an appropriate
FAA Maintenance Inspector, who may add comments and then send it to the
Manager, Chicago ACO.

    Note 2: Information concerning the existence of approved alternative
methods of compliance with this AD, if any, may be obtained from the
Chicago ACO.

    (f) All persons affected by this directive may obtain copies of the
documents referred to herein upon request to American Champion Aircraft
Corporation, P.O. Box 37, 32032 Washington Avenue, Highway D, Rochester,
Wisconsin 53167; or may examine these documents at the FAA, Central
Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
    Issued in Kansas City, Missouri, on
October 27, 1997.  Mary Ellen A. Schutt, Acting Manager, Small Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 97-28984 Filed
10-31-97; 8:45 am]

Sincerely,

H.G. Frautschy
Editor, Vintage Airplane
Associate Editor, Sport Aviation