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AGENCY: Federal Aviation Administration
(FAA), Department of Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new airworthiness directive (AD) for
all American Champion Aircraft Corp. Models 7ECA, 7GCAA, 7GCBC, 7KCAB,
8KCAB, and 8GCBC airplanes, manufactured prior to 1989 and equipped with
folding rear seat backs. This AD requires inspection of the rear seat
back hinge areas for cracking and excessive elongation of the rear seat
hinge bolt hole and, if cracking or excessive elongation is found, replacement
of the rear seat frame. We are issuing this AD to detect and correct cracking
of the rear seat back hinge area and excessive elongation of the rear
seat hinge bolt hole, either of which could result in failure of the seat
back. This failure could lead to a rear- seated pilot or passenger inadvertently
interfering with the control stick while attempting to not roll to the
rear of the airplane upon seat back failure. Consequently, this failure
could result in loss of control.
DATES: This AD becomes effective on December 3, 2009.
On December 3, 2009, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
ADDRESSES: For service information identified in this AD, contact
American Champion Aircraft Corporation, P.O. Box 37, 32032 Washington
Ave., Rochester, Wisconsin 53167; telephone: (262) 534-6315; fax: (262)
534-2395; Internet: http://www.amerchampionaircraft.com/Technical/ Technical.html.
To view the AD docket, go to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590, or on the Internet at http://www.regulations.gov.
The docket number is FAA-2009-0745; Directorate Identifier 2009-CE-036-AD.
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.
SUPPLEMENTARY INFORMATION:
Discussion
On August 7, 2009, we issued a proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an AD that would apply
to all American Champion Aircraft Corp. Models 7ECA, 7GCAA, 7GCBC, 7KCAB,
8KCAB, and 8GCBC airplanes, manufactured prior to 1989 and equipped with
folding rear seat backs. This proposal was published in the Federal Register
as a notice of proposed rulemaking (NPRM) on August 13, 2009 (74 FR 40781).
The NPRM proposed to require inspection of the rear seat back hinge areas
for cracking and excessive elongation of the rear seat hinge bolt hole
and, if cracking or excessive elongation is found, replacement of the
rear seat frame.
Comments
We provided the public the opportunity to participate in developing this
AD. We received no comments on the proposal or on the determination of
the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that air
safety and the public interest require adopting the AD as proposed except
for minor editorial corrections. We have determined that these minor corrections:
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.
Costs of Compliance
We estimate that this AD affects 2,000 airplanes in the U.S. registry.
We estimate the following costs to do the inspection:
|
Labor Cost
|
Parts Cost
|
Total Cost
Per Airplane
|
Total Cost
on U.S. Operators
|
| .5 work-hour X $80 per hour =
$40 |
Not applicable
|
$40
|
$80,000
|
We estimate the following
costs to do any necessary replacements that would be required based on
the results of the proposed inspection. We have no way of determining
the number of airplanes that may need this replacement:
| Labor Cost |
Parts Cost |
Total Cost Per Airplane |
| 1.5 work-hours X $80 per hour
= $120 |
Remanufactured seat $200
New standard seat $645
New wide seat $765 |
Remanufactured seat $320
New standard seat $765
New wide seat $885 |
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 AD.
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 the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
3. 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.
We prepared a summary of the costs to comply with this AD (and other information
as included in the Regulatory Evaluation) and placed it in the AD Docket.
You may get a copy of this summary by sending a request to us at the address
listed under ADDRESSES. Include "Docket No. FAA-2009-0745; Directorate
Identifier 2009-CE-036-AD'' in your request.
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 Federal Aviation Administration amends part 39 of the Federal Aviation
Regulations (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. FAA amends Sec. 39.13 by adding the following new AD:
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