[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Pages 6663-6666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1998]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 /
Rules and Regulations
[[Page 6663]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1128; Directorate Identifier 2011-CE-031-AD;
Amendment 39-16933; AD 2012-02-10]
RIN 2120-AA64
Airworthiness Directives; CPAC, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing airworthiness directive (AD)
for all CPAC, Inc. (type certificate formerly held by Commander
Aircraft Corporation, Gulfstream Aerospace Corporation, and Rockwell
International) Models 112, 112B, 112TC, 112TCA, 114, 114A, 114B, and
114TC airplanes. That AD currently requires a one-time inspection of
the elevator spar for cracks and, if any crack is found, either replace
with a serviceable elevator spar that is found free of cracks or
repair/modify the elevator spar with an FAA-approved method. That AD
also requires reporting to the FAA the results of the inspection. Since
we issued that AD, using the data collected through the reporting
requirement, we have determined there is a need for continued
inspections. This new AD requires repetitive inspections of the
elevator spar for cracks and, if any crack is found, either replacing
with a serviceable elevator spar that is free of any cracks and/or
corrosion or repairing/modifying the elevator spar with an FAA-approved
procedure. We are issuing this AD to correct the unsafe condition on
these products.
DATES: This AD is effective March 15, 2012.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: (800) 647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: T.N. Baktha, Senior Aerospace
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport
Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-4155; fax:
(316) 946-4107; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2011-07-13, Amendment 39-16650 (76 FR 18376,
April 4, 2011). That AD applies to the specified products. The NPRM
published in the Federal Register on October 17, 2011 (76 FR 64038).
That NPRM proposed to retain all of the requirements of AD 2011-07-13
and make the previous one-time inspection repetitive.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 64038, October 17, 2011) and the FAA's response to each comment.
Request for Clarification
James D. Richards of Aerodyme Corporation requested additional
information be added to the final rule AD action to clarify whether or
not the inspection intervals and procedures in this AD take precedence
over those specified in the FAA-approved Parts Manufacturer Approval
(PMA) Elevator Spars 44211-RE9 and 44211-RE10, Instructions for
Continued Airworthiness, original issue date May 5, 2011.
James D. Richards obtained a PMA for CPAC, Inc. Models 112, 112B,
112TC, 112TCA, 114, 114A, 114B, and 114TC airplanes elevator spars. The
PMA Instructions for Continued Airworthiness have inspection intervals
and procedures that are different from the intervals and procedures
specified in the proposed AD (76 FR 64038, October 17, 2011).
We agree with the commenter. We do not want to have two different
inspection intervals and procedures for the same elevator spars. We
revised this AD as requested and added information into paragraph (f)
to clarify that the actions required in this AD take precedence over
those contained in PMA Elevator Spars 44211-RE9 and 44211-RE10,
Instructions for Continued Airworthiness, original issue date May 5,
2011.
Request for Additional Information
Fredrick E. Maupertuis requested that specific information be added
to paragraph (l) Special Flight Permit of the final rule AD action
about allowable crack criteria. Fredrick E. Maupertuis questioned
whether the number of cracks, the length of the cracks, and/or the
orientation of cracks found during an inspection will be a determining
factor in obtaining a special flight permit.
We agree with the commenter because the requested information was
not included in the proposed AD (76 FR 64038, October 17, 2011). We
revised this AD as requested by adding crack criteria and allowances
into paragraph (l).
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (76 FR 64038, October 17, 2011) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 64038, October 17, 2011).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
[[Page 6664]]
Interim Action
We consider this AD interim action. We continue to evaluate the
reported data and repair procedures to determine a possible terminating
action. Based on this determination, we may initiate further rulemaking
action if needed to address the unsafe condition identified in this AD.
Costs of Compliance
We estimate that this AD affects 773 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspection of the elevator spar... 8 work-hours x $85 per N/A $680 $525,640
hour = $680.
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We estimate the following costs to do any replacement that will be
required based on the results of the inspection. We have no way of
determining the number of aircraft that might need this replacement:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Labor cost per Parts cost per Cost per product per
Action elevator spar elevator spar elevator spar
----------------------------------------------------------------------------------------------------------------
Replace cracked elevator spar with a Up to 16 work-hours x May range from $100 to May range from $1,460
serviceable elevator spar. $85 per hour = $1,360. $1,000. to $2,360.
Replace cracked elevator spar with a Up to 16 work-hours x $1,250................. $2,610.
new elevator spar. $85 per hour = $1,360.
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We estimate the following costs to do any repair/modification that
will be required based on the results of the inspection. We have no way
of determining the number of aircraft that might need this repair/
modification:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost airplane
----------------------------------------------------------------------------------------------------------------
Repair/modify cracked elevator spar.......... Up to 26 work-hours x $85 per * $1,690 $3,900
hour = $2,210.
----------------------------------------------------------------------------------------------------------------
* An STC is available to repair the elevator spars and the STC holder sells the repair kit in pairs only. Kits
to repair only one side of the elevator are not available for sale. The parts cost in the table above is for a
pair of repair kits. The STC holder currently charges $2,250 to install both repair kits.
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
rulemaking action.
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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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 FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2011-07-13, Amendment 39-16650 (76 FR 18376, April 4, 2011), and adding
the following new AD:
2012-02-10 CPAC, Inc. (Type Certificate Formerly Held by Commander
Aircraft Corporation, Gulfstream Aerospace
[[Page 6665]]
Corporation, and Rockwell International): Amendment 39-16933; Docket
No. FAA-2011-1128; Directorate Identifier 2011-CE-031-AD.
(a) Effective Date
This airworthiness directive (AD) is effective March 15, 2012.
(b) Affected ADs
This AD supersedes AD 2011-07-13, Amendment 39-16650 (76 FR
18376, April 4, 2011).
(c) Applicability
This AD applies to CPAC, Inc. (type certificate formerly held by
Commander Aircraft Corporation, Gulfstream Aerospace Corporation,
and Rockwell International) Models 112, 112B, 112TC, 112TCA, 114,
114A, 114B, and 114TC airplanes, all serial numbers, certificated in
any category. Type Certificate No. A12SO does not include Models
112A and 115. The Model 112A is a Rockwell ``marketing name'' for
the Model 112. The Model 115 is a Rockwell ``marketing name'' for
the Model 114. Since they are type-certificated as Model 112 and
Model 114, this AD is applicable to the Models 112A and 115.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 55, Stabilizers.
(e) Unsafe Condition
This AD was prompted by reports of a total of nine elevator spar
cracks across seven of the affected airplanes, including a crack of
2.35 inches just below the outboard hinge of the right-hand
elevator. We are issuing this AD to prevent structural failure of
the elevator spar due to such cracking, which could result in
separation of the elevator from the airplane with consequent loss of
control.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done. The inspection intervals and procedures in this
AD take precedence over those contained in Parts Manufacturer
Approval (PMA) Elevator Spars 44211-RE9 and 44211-RE10, Instructions
for Continued Airworthiness, original issue date May 5, 2011.
(g) Inspection Requirement Retained From AD 2011-07-13, Amendment 39-
16650 (76 FR 18376, April 4, 2011)
Within the next 5 hours time-in-service (TIS) after April 4,
2011 (the effective date retained from AD 2011-07-13 (76 FR 18376,
April 4, 2011)), visually inspect the left-hand (LH) and right-hand
(RH) elevator spar behind and around the outboard hinge bracket on
the elevator spar for cracks. Do the inspection following the
procedures specified in paragraph (j) of this AD. If cracks are
found during this inspection, take the necessary corrective actions
specified in paragraph (k) of this AD.
(h) Reporting Requirement Retained From AD 2011-07-13, Amendment 39-
16650 (76 FR 18376, April 4, 2011)
Within 30 days after the inspection required in paragraph (g) of
this AD, report the results of the inspection to the FAA, Wichita
Aircraft Certification Office (ACO), Attn: T.N. Baktha, Senior
Aerospace Engineer, 1801 Airport Road, Room 100; Wichita, Kansas
67209; phone: (316) 946-4155; fax: (316) 946-4107; email:
[email protected]. Include the following information:
(1) Airplane model and serial number.
(2) Hours TIS at time of inspection.
(3) Annotate any cracking found, including the exact location
and length of any cracks.
(4) Any installations, repairs, modifications, etc. that have
been done on your airplane in the elevator spar area or that could
have affected the elevator spar.
(5) Type of operation primarily flown.
(i) Repetitive Inspection Requirement
As a result of the inspection required in paragraph (g) of this
AD, if the elevator spar was:
(1) Replaced with a new elevator spar, within the next 300 hours
TIS after the replacement, visually inspect the elevator spar behind
the outboard hinge bracket and surrounding area for cracks.
Repetitively inspect thereafter at intervals not to exceed 12 months
or 150 hours TIS, whichever occurs first. Do the inspection
following the procedures specified in paragraph (j) of this AD.
(2) Replaced with a serviceable elevator spar (one that was in
service before and had no cracks and/or corrosion), within the next
150 hours TIS after the replacement, visually inspect the elevator
spar behind the outboard hinge bracket and surrounding area for
cracks. Repetitively inspect thereafter at intervals not to exceed
12 months or 150 hours TIS, whichever occurs first. Do the
inspection following the procedures specified in paragraph (j) of
this AD.
(3) Found free of cracks, within the next 150 hours TIS after
the inspection, visually inspect the elevator spar behind the
outboard hinge bracket and surrounding area for cracks. Repetitively
inspect thereafter at intervals not to exceed 12 months or 150 hours
TIS, whichever occurs first. Do the inspection following the
procedures specified in paragraph (j) of this AD.
(j) Inspection Procedures
(1) Disconnect the elevator trim pushrod at the trim tab.
(2) Remove the hinge bolts at the horizontal stabilizer points.
(3) Remove six screws and two bolts at the inboard end of the
elevator and remove the elevator.
(4) Remove all fasteners common to the elevator outboard aft end
rib, part number (P/N) 44330, and elevator skin, P/N 44323.
(5) Remove the remaining two fasteners common to the elevator
outboard aft end rib (P/N 44330) and the elevator spar, P/N 44211.
(6) Remove the elevator aft end rib, P/N 44330, to gain access
to the aft side of the elevator spar.
(7) Remove the four bolts, washers, and nuts that secure the
outboard elevator hinge bracket, P/N 44285.
(8) Remove elevator hinge bracket, P/N 44285, from the elevator
spar.
(9) Clean in and around the location of the elevator outboard
hinge bracket, outboard elevator hinge, and the outboard elevator
hinge bracket (as applicable) on the elevator spar and visually
inspect for cracks. Use a 10x magnifier to facilitate the detection
of any crack.
(k) Corrective Actions
(1) If cracks are found during any inspection required in
paragraphs (g), (i)(1), (i)(2), or (i)(3) of this AD, before further
flight, either replace the elevator spar with a new spar or a
serviceable spar that is found free of cracks and/or corrosion or
repair/modify the elevator spar following a procedure approved for
this AD by the FAA, Wichita ACO;
(2) After doing the actions required in paragraph (k)(1) of this
AD, before further flight, reassemble the elevator assembly,
rebalance the elevator, and reinstall on the airplane following
standard repair practices. Ensure elevator rigging is within
tolerance, and that the system operates with ease, smoothness, and
positiveness appropriate to its function; and
(3) After taking corrective action, continue with the repetitive
inspections required in paragraphs (i)(1), (i)(2), and (i)(3) of
this AD.
(l) Special Flight Permit
(1) Special flight permits are permitted for daytime visual
flight rules (VFR) only, restricted to crew, calm weather, reduced
speed not to exceed 111 knots calibrated air speed (KCAS), and not
to exceed 5 flight hours when cracks are found in the elevator spar
if:
(i) The cracks are at or near the outboard hinge bracket;
(ii) The cracks are 1.25 inches long or less; and
(iii) There is no more than one crack on the top and one at the
bottom of the hinge bracket.
(2) Special flight permits are not allowed if:
(i) The crack length is greater than 1.25 inches; or
(ii) The number of cracks is more than two.
(m) Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the
[[Page 6666]]
burden should be directed to the FAA at: 800 Independence Ave. SW.,
Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(n) AMOCs
(1) The Manager, Wichita ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) AMOCs approved for AD 2011-07-13, Amendment 39-16650 (76 FR
18376, April 4, 2011), are approved for this AD.
(o) Related Information
For more information about this AD, contact T.N. Baktha, Senior
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone: (316) 946-4155; fax: (316) 946-4107;
email: [email protected].
Issued in Kansas City, Missouri, on January 25, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-1998 Filed 2-8-12; 8:45 am]
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