AD 93-15-02 R1

Effective April 17, 1995.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 17, 1995.

Comments for inclusion in the Rules Docket must be received on or before June 5, 1995.

Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket 93-CE-35-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Service information that applies to this AD may be obtained from Field Support Engineering, Fairchild Aircraft, P.O. Box 790490, San Antonio, Texas 78279-0490; telephone (210) 824-9421; facsimile (210) 820-8609. This information may also be examined at the FAA, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Mr. Werner Koch, Aerospace Engineer, FAA, Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0150; telephone (817) 222-5150; facsimile (817) 222-5959.

AD 93-15-02, Amendment 39-8648 (59 FR 40734, July 30, 1993), currently requires the following on Fairchild Aircraft SA226 and SA227 series airplanes that are equipped with a Simmonds-Precision pitch trim actuator, part number (P/N) DL5040M5: repetitively measuring the freeplay of the pitch trim actuator and repetitively inspecting the actuator for rod slippage; and, if certain freeplay limitations are not met or rod slippage is evident, replacing any actuator with a new actuator of the same part number or with a part of improved design, P/N 27-19008-01 or 27-19008-02. The requirements of the AD will no longer apply when an actuator of improved design is installed. Accomplishment of the freeplay measurements and inspections is in accordance with the instructions in Fairchild Aircraft SA226 Series Service Letter (SL) 226-SL-005, and Fairchild Aircraft SA227 Series SL 227-SL-011, both Issued: April 8, 1993, Revised: April 28, 1993, as applicable. Accomplishment of the pitch trim actuator replacement is in accordance with the applicable maintenance manual.

AD 93-15-02 was issued based on reports of two in-flight incidents where the above-referenced pitch trim actuator failed on Fairchild Aircraft SA226 and SA227 series airplanes. In one case, the horizontal stabilizer went full-nose down, and in the other instance, the horizontal stabilizer jammed. Fortunately, the pilots were able to safely land in both of these instances. Upon removal and inspection of each of these pitch trim actuators, fatigued barrel nuts were found and the actuator usage time was well over 5,000 hours TIS.

Since AD 93-15-02 became effective, the FAA received a report of an in-flight incident where the referenced actuator on one of the affected airplanes failed. The airplane operator had accomplished the 5,000-hour TIS initial inspection (with satisfactory results), but had not reached the 6,500-hour TIS mandatory replacement threshold.

Fairchild Aircraft has revised SA226 Series SL 226-SL-005 and SA227 Series SL 227-SL-011 to reflect the revised compliance times and a change to the inspection procedure. The revision date of this service information is March 2, 1995.

After examining the circumstances and reviewing all available information related to the incident described above, the FAA has determined that AD 93-15-02 should be revised by (1) reducing the number of hours TIS before the initial inspection is required; and (2) shortening both the time period between repetitive inspections and the actuator replacement compliance time, unless the replacement actuator is new or if the tube nut assemblies have been replaced during overhaul.

Since an unsafe condition has been identified that is likely to exist or develop in other Fairchild Aircraft SA226 and SA227 series airplanes of the same type design that are equipped with a Simmonds-Precision pitch trim actuator, P/N DL5040M5, this AD requires the same repetitive inspections and actuator replacement as AD 93-15-02, but revises the compliance times as previously specified. The inspections will be accomplished in accordance with the instructions in Fairchild Aircraft SA226 Series Service Letter (SL) 226-SL-005, and Fairchild Aircraft SA227 Series SL 227-SL-011, both Issued: April 8, 1993, Revised: March 2, 1995, as applicable.

Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for public prior comment [[Page 15668]] hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.

Although this action is in the form of a final rule that involves requirements affecting immediate flight safety and, thus, was not preceded by notice and opportunity to comment, comments are invited on this rule. Interested persons are invited to comment on this 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 will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 AD 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. 93-CE-35-AD.'' The postcard will be date stamped and returned to the commenter.

The regulations adopted herein will 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 final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

The FAA has determined that this regulation is an emergency regulation and that it is not considered to be significant under Executive Order 12866. It is impracticable for the agency to follow the procedures of Executive Order 12866 with respect to this rule since the rule must be issued immediately to correct an unsafe condition in aircraft. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket.

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Accordingly, pursuant to 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:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89.