AD 96-09-08 R1

Airworthiness Directive 96-09-08, Amendment 39-9584, (61 FR 19540, May 2, 1996) is applicable to Aviat Aircraft Inc., Models S-2A, S-2B, and S-2S airplanes (formerly Pitts Models S-2A, S-2B, and S-2S airplanes) and currently requires inspecting the longerons around the rear cabane struts for cracks, and if no cracks are found, continue repetitively inspecting the airplane. If cracks are found during any inspection, prior to further flight, repair any cracks found according to the approved repair scheme provided by the Denver ACO manager.

Accomplishment of the actions of AD 96-09-08 is required in accordance with Aviat Aircraft Inc. Service Bulletin (SB) No. 24, dated February 8, 1996, which has been revised and replaced by Aviat SB No. 24, dated March 20, 1996.

Explanation of the Need for the Revision The service bulletin incorporated into AD 96-09-08 contains identical requirements as this revised AD, except for the change in the date to March20, 1996 and the change to the compliance time.

The FAA determined that the revised service bulletin should be incorporated because the previous service bulletin dated February 8, 1996 was not made available to the owners and operators by the manufacturer until after the service bulletin was changed. The FAA cannot determine if some of the owners/operators of the affected airplanes may have already complied with AD 96-09-08 in accordance with Aviat SB No. 24, dated February 8, 1996.

Since the service bulletin must be available in order for the owners/operators to comply with this action, this AD revises AD 96-09-08 by (1) retaining the initial inspection, the repetitive inspection, and repair required by AD 96-09-08; and (2) incorporating the revised service bulletin to require accomplishment of the actions in accordance with Aviat SB No. 24, dated March 20, 1996.

Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make AD 96-09-08 effective in less than 30 days to all known U.S. operators of Aviat Models S-2A, S-2B, and S-2S airplanes. These conditions still exist, and the AD revision is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons. The actions are to be done in accordance with the instructions in Aviat SB No. 24, dated March 20, 1996.

Comments Invited 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 tothe 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. 95-CE-101-AD." The postcard will be date stamped and returned to the commenter.

Regulatory Impact 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 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, February26, 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.

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 USC 106(g), 40113, 44701.

Section 39.13 - [AMENDED] 2. Section 39.13, Amendment 39-9584, (61 FR 19540, May 2, 1996), is revised to read as follows: