AD 94-01-03 R2

On December 29, 1993, the Federal Aviation Administration (FAA) issued airworthiness directive (AD) 94-01-03, Amendment 39-8785 (59 FR 4555, February 1, 1994), to require replacing certain Bendix ignition coils and rotating magnets, regardless of time in service (TIS), with improved serviceable Teledyne Continental Motors (TCM) ignition coils and rotating magnets at either the next 100-hour inspection, the next annual inspection, the next progressive inspection, or the next 100 hours TIS after the effective date of the AD, whichever occurs first. For S-1200 series magnetos, the AD requires replacing only the ignition coils as the rotating magnets on that series magneto already incorporates the improved TCM design. Additionally, the AD requires re-marking magnetos to indicate compliance. That action was prompted by reports of accidents caused by failures of magnetos incorporating older Bendix components that had not been replaced in accordance with superseded AD 73-07-04, Amendment 39-1731 (38 FR 27600, October 5, 1973). That condition, if not corrected, could result in magneto failure and subsequent engine failure.

On August 11, 1994, the FAA issued AD 94-17-11, Amendment 39-9006 (59 FR 43029, August 22, 1994), that revises AD 94-01-03, and notes that an error in the serial number listing in TCM Service Bulletin (SB) No. 637, dated December 1992, resulted in too many affected magnetos requiring AD compliance. The AD applies only to certain magnetos manufactured by Bendix in Sidney, New York, and not to any Bendix magnetos built in either Jacksonville, Florida, or Atlanta, Georgia. In addition, the S-600 series magnetos require replacement of only the rotating magnets and not the ignition coils. Finally, the FAA received reports that there is some confusion as to how the S-20, S-200, S-600, and S-1200 series magnetos are referenced in the TCM SB and the AD and clarified the applicability paragraph by adding additional identification information.

On November 3, 1994, the FAA issued a correction to Docket No. 93-ANE-44, Amendment 39-9006 (59 FR 55955, November 10, 1994), which changes the AD number to AD 94-01-03 R1, as it was a revision to the previous AD and should not have been assigned a new AD number.

Since the issuance of that AD, the FAA received comments requesting clarification of the compliance notes and the option of installing replacement serviceable Parts Manufacturer Approval (PMA) parts.

The FAA has reviewed and approved the technical contents of TCM Mandatory Service Bulletin (MSB) No. MSB644, dated April 4, 1994, that describes procedures for replacing certain Bendix ignition coils and rotating magnets with improved serviceable TCM ignition coils and rotating magnets and marking magnetos to indicate compliance with this MSB.

Since an unsafe condition has been identified that is likely to exist or develop on other products of this same type design, this AD revises AD 94-01-03 R1to insert the text of several notes appearing after the applicability paragraph as compliance paragraphs to clarify that these actions are mandatory. In addition, this amendment allows installation of replacement serviceable PMA parts in addition to TCM parts. Also, this amendment clarifies that Bendix magnetos replaced with Slick magnetos satisfy the requirements of this AD, and that operators must perform the requirements of this AD on magnetos with Bendix magneto data plates that have been replaced with an overhaul facility's data plate. The actions are required to be accomplished in accordance with the MSB described previously.

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

Comments Invited Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public 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 under the caption "ADDRESSES." 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 Number 93-ANE-44." 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 that must be issued immediately to correct an unsafe condition in aircraft, and is not a "significant regulatory action" under Executive Order 12866. 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. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES."

List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment 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:

PART 39 - AIRWORTHINESS DIRECTIVES 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.

39.13 - [AMENDED] 2. Section 39.13 is amended by removing Amendment 39-9006 (59 FR 43029, August 22, 1994), corrected (59 FR 55955, November 10, 1994), and by adding a new airworthiness directive, Amendment 39-9271, to read as follows: