Airworthiness Directives; Univair Aircraft Corporation Models (ERCO) 415-C, 415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2 and A2-A; and (Mooney) M10 Airplanes, 20894-20898 [2011-9091]
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<![CDATA[
20894
Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules
Secretary under delegated authority, April 8,
2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011–9002 Filed 4–13–11; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0360; Directorate
Identifier 2010–CE–061–AD]
RIN 2120–AA64
Airworthiness Directives; Univair
Aircraft Corporation Models (ERCO)
415–C, 415–CD, 415–D, E, G; (Forney)
F–1 and F–1A; (Alon) A–2 and A2–A;
and (Mooney) M10 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede an
existing airworthiness directive (AD)
that applies to Univair Aircraft
Corporation Models (ERCO) 415–C,
415–CD, 415–D, E, G; (Forney) F–1 and
F–1A; (Alon) A–2 and A2–A; and
(Mooney) M10 Airplanes. The existing
AD currently requires an inspection of
the aileron balance assembly and
ailerons for cracks and excessive
looseness of associated parts with the
required repair or replacement of
defective parts as necessary. Since we
issued that AD, we received a report of
a Univair Aircraft Corporation Model
ERCO 415–D Ercoupe that crashed after
an in-flight breakup due to possible
aileron flutter. This proposed AD would
add airplanes to the Applicability
section and require inspections of the
ailerons, inspections of the aileron
balance assembly and aileron rigging for
looseness or wear with a required repair
or replacement of parts as necessary,
and a reporting of the inspection results.
We are issuing this proposed AD to
prevent failure of the aileron assembly
and associated parts, which could result
in loss of control.
DATES: We must receive comments on
this proposed AD by May 31, 2011.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
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SUMMARY:
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17:31 Apr 13, 2011
Jkt 223001
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this AD, contact Univair Aircraft
Corporation, 2500 Himalaya Road,
Aurora, Colorado 80011; telephone:
303–375–8882, fax: 303 375–8888;
Internet: https://univairparts.com. You
may review copies of the referenced
service information at the FAA, Small
Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call 816–329–4148.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Roger Caldwell, Aerospace Engineer,
FAA, Denver Aircraft Certification
Office, 26805 East 68th Ave., Room 214,
Denver, Colorado 80249–6361;
telephone: (303) 342–1086; fax: (303)
342–1088; e-mail:
roger.caldwell@faa.gov.
Discussion
We issued AD 52–02–02 (21 FR 9447,
December 4, 1956) for Ercoupe Model
415 Series and Models E and G
Airplanes. That AD requires an initial
and repetitive inspection of the aileron
balance assembly, including the aileron
hinges, screws and control system, the
ailerons for cracks in support structure
and skin, and the repair or replacement
of damaged parts. That AD resulted
from several Ercoupe accidents. We
issued that AD as a precautionary
measure.
Actions Since Existing AD Was Issued
Since we issued AD 52–02–02, we
received a report of a Univair Aircraft
Corporation Model ERCO 415–D
Ercoupe that crashed after an in-flight
breakup. Witnesses of the accident
noted that while the airplane was
banking both ailerons were ‘‘fluttering’’
at a high frequency, and as the bank
angle of the airplane increased to almost
90 degrees, the left wing of the airplane
‘‘folded back’’ and separated from the
fuselage. We have received nine other
documented cases of structural failures
of the wing and associated components
of the airframe.
There are several Univair airplane
models that have similar type design to
that of above-referenced incidents, are
not part of the compliance of AD 52–02–
02, and should be subjected to the
requirements of AD 52–02–02.
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2011–0360; Directorate Identifier
2010–CE–061–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Relevant Service Information
We reviewed Ercoupe Service
Memorandum Nos. 35, 56, and 57 (all
not dated). The Ercoupe Service
Memorandum No. 35 describes
procedures for use in rigging or making
adjustments to the rigging. The Ercoupe
Service Memorandum No. 56 describes
procedures for the inspection of control
surfaces for cracks and excessive play
and checking controls for excessive
movement. The Ercoupe Service
Memorandum No. 57 describes
procedures for aileron balance weight
inspection and removal.
FAA’s Determination
We are proposing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design.
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4702
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Proposed AD Requirements
This proposed AD would add
airplanes to the Applicability section of
AD 52–02–02 and require inspections of
the ailerons, add airplanes to the
Applicability section, add repetitive
inspections of the aileron bell crank and
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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules
the ailerons for looseness or wear with
a repair or replacement of parts as
necessary, and add the requirement to
report the inspection results.
Costs of Compliance
We estimate that this proposed AD
affects 2,600 airplanes of U.S. registry.
Labor cost
20895
We estimate the following costs to
comply with the proposed AD:
Total cost per
airplane
Parts cost
Total cost on
U.S. operators
Estimated Retained Costs
4 work-hours × $85 per hour = $340 ...................................................
Not applicable ...............................
$340
$884,000
42.50
110,500
Estimated New Costs
.5 work-hour × $85 per hour = $42.50 .................................................
We estimate the following costs to do
any necessary replacements for the
flight control system that would be
Not applicable ...............................
required based on the results of the
proposed inspection. We have no way of
determining the number of airplanes
that may need this replacement:
ON-CONDITION COSTS
Labor cost
2
2
2
2
2
work-hours
work-hours
work-hours
work-hours
work-hours
×
×
×
×
×
$85
$85
$85
$85
$85
per
per
per
per
per
hour
hour
hour
hour
hour
=
=
=
=
=
$170
$170
$170
$170
$170
.......................................
.......................................
.......................................
.......................................
.......................................
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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
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would 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.
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17:31 Apr 13, 2011
Total cost per
airplane
Parts cost
Jkt 223001
Aileron Hinge Part Number (P/N) 415–24003 $25
Elevator Hinge P/N 415–22007 $40 ........................................
Elevator Hinge P/N 415–22008 $83 ........................................
Rudder Hinge P/N 415–24003 $25 .........................................
Aileron Rod-End Bearing P/N GMM–3M–670 $20 ..................
$195
210
253
195
190
For the reasons discussed above, I
certify that the proposed regulation:
(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),
(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.
Comments Due Date
The Proposed Amendment
Subject
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
(d) Joint Aircraft System Component
(JASC)/Air Transport Association (ATA) of
America Code 27, Flight Controls.
PART 39—AIRWORTHINESS
DIRECTIVES
(e) This AD was prompted by a Univair
Aircraft Corporation Model ERCO 415–D
Ercoupe that crashed after an in-flight
breakup due to possible aileron flutter. We
are issuing this AD to add airplanes to the
Applicability section and require inspections
of the ailerons, inspections of the aileron
balance assembly and aileron rigging for
looseness or wear with a required repair or
replacement of parts as necessary, and a
reporting of the inspection results.
The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
The FAA amends § 39.13 by removing
airworthiness directive (AD) 52–02–02,
(21 FR 9447, December 4, 1956), and
adding the following new AD:
Univair Aircraft Corporation: Docket No.
FAA–2011–0360; Directorate Identifier
2010–CE–061–AD.
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(a) The FAA must receive comments on
this proposed AD action by May 31, 2011.
Affected ADs
(b) This AD supersedes AD 52–02–02 (21
FR 9447, December 4, 1956).
Applicability
(c) This AD applies to Univair Aircraft
Corporation Models (ERCO) 415–C, 415–CD,
415–D, E, G; (Forney) F–1 and F–1A; (Alon)
A–2 and A2–A; and (Mooney) M10 airplanes,
all serial numbers, that are certificated in any
category.
Unsafe Condition
Compliance
(f) Comply with this AD within the
compliance times specified, unless already
done.
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20896
Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules
Actions
Compliance
Procedures
(1) For all airplanes: Inspect the ailerons for
cracks in the support structure and skin.
(i) Within the next 25 hours time-in-service
(TIS) after the effective date of this AD or
within 3 months after the effective date of
this AD, whichever occurs first. Repetitively
thereafter inspect at intervals not to exceed
100 hours TIS or 12 months, whichever occurs first.
(ii) We will allow ‘‘unless already done’’ credit
for inspections done within the last 25
hours TIS before the effective date of this
AD or within the last 3 months before the
effective date of this AD, and you may use
the results from that inspection for the reporting requirement in paragraph (f)(10) of
this AD.
(i) Within the next 25 hours TIS after the effective date of this AD or within 3 months
after the effective date of this AD, whichever occurs first. Repetitively thereafter inspect at intervals not to exceed 100 hours
TIS or 12 months, whichever occurs first.
(ii) We will allow ‘‘unless already done’’ credit
for inspections done within the last 25
hours TIS before the effective date of this
AD or within the last 3 months before the
effective date of this AD, and you may use
the results from that inspection for the reporting requirement in paragraph (f)(10) of
this AD.
Before further flight after the inspection where
the cracking was found.
Follow Ercoupe Service Memorandums No.
56 and 57 (both not dated).
(i) Within the next 25 hours TIS after the effective date of this AD or within 3 months
after the effective date of this AD, whichever occurs first. Repetitively thereafter inspect at intervals not to exceed 100 hours
TIS or 12 months, whichever occurs first.
(ii) We will allow ‘‘unless already done’’ credit
for inspections done within the last 25
hours TIS before the effective date of this
AD or within the last 3 months before the
effective date of this AD, and you may use
the results from that inspection for the reporting requirement in paragraph (f)(10) of
this AD.
Before further flight after the inspection where
the looseness or damage was found.
Follow Ercoupe Service Memorandums No.
56 and 57 (both not dated).
(i) Within the next 25 hours TIS after the effective date of this AD or within 3 months
after the effective date of this AD, whichever occurs first. Repetitively thereafter inspect at intervals not to exceed 100 hours
TIS or 12 months, whichever occurs first.
(ii) We will allow ‘‘unless already done’’ credit
for inspections done within the last 25
hours TIS after the effective date of this AD
or within the last 3 months before the effective date of this AD, and you may use the
results from that inspection for the reporting
requirement in paragraph (f)(10) of this AD.
Follow Ercoupe Service Memorandums No.
56 and 57 (both not dated).
(2) For airplanes with the aileron balance assembly (ERCO Part Number (P/N) 415–
16009) installed: Inspect the assembly for
cracks in the support structure and skin.
(3) If any cracking is found during the inspections required in paragraphs (f)(1) and/or
(f)(2) of this AD, repair or replace cracked
parts.
(4) For airplanes with the aileron balance assembly (ERCO P/N 415–16009) installed: Inspect the four No. 6–32 screws that attach
the balance weight support to the aileron for
looseness and damage.
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(5) If any looseness or damage is found during
the inspection of the screws required in paragraph (f)(4) of this AD, replace the screws
with AN 526–632 screws, making sure to not
overstress during tightening.
(6) For airplanes with the aileron balance assembly (ERCO P/N 415–16009) installed: Inspect the aileron hinges and aileron control
system for excessive looseness or wear in
hinge pins or bearings. If, with one aileron
blocked in the neutral position, the total play
of the other aileron, measured at the trailing
edge, exceeds 7⁄16 inch, inspect all the joints
and bearings and tighten or replace those
which are loose.
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17:31 Apr 13, 2011
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Follow Ercoupe Service Memorandums No.
56 and 57 (both not dated).
Follow Ercoupe Service Memorandums No.
56 and 57 (both not dated).
Follow Ercoupe Service Memorandums No.
56 and 57 (both not dated).
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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules
20897
Actions
Compliance
Procedures
(7) For airplanes that have never had the aileron balance assembly (ERCO P/N 415–
16009) installed or from which it has been removed following Ercoupe Service Memorandum No. 57: Inspect the aileron hinges
and aileron control system for excessive
looseness or wear in hinge pins or bearings.
If, with one aileron blocked in the neutral position the total play of the other aileron,
measured at the trailing edge, exceeds 5⁄16
inch, inspect all the joints and bearings and
tighten those which are loose.
(8) For all airplanes: Determine that the air
speed instrument is correctly calibrated and
distinctly marked in accordance with the operating limitations.
Within the next 25 hours TIS after the effective date of this AD or within 3 months after
the effective date of this AD, whichever occurs first.
Follow Ercoupe Service Memorandums No.
56 and 57 (both not dated).
Within the next 25 hours TIS after the effective date of this AD or within 3 months after
the effective date of this AD, whichever occurs first.
Follow FAA Advisory Circular (AC) 23–8B,
Appendix 9, Airspeed Calibrations, dated
August 14, 2003, or any other FAA-approved airspeed calibration method. AC 23–
8B can be found at https://rgl.faa.gov/.
Follow Ercoupe Service Memorandum No. 35
(not dated).
(9) For all airplanes: Remove load from nose
wheel and adjust rigging.
(10) For all airplanes: Report the results from
the inspections and/or actions required in
paragraphs (f)(1), (f)(2), (f)(4), (f)(6), (f)(7),
(f)(8), and (f)(9) of this AD.
Within the next 25 hours TIS after the effective date of this AD or within 3 months after
the effective date of this AD, whichever occurs first. Repetitively thereafter inspect at
intervals not to exceed 100 hours TIS or 12
months, whichever occurs first.
Within 3 days after the initial inspections and/
or actions required in paragraphs (f)(1),
(f)(2), (f)(4), (f)(6), (f)(7), (f)(8), and (f)(9) of
this AD or within 3 days after the next repetitive inspection and/or action required in
paragraphs (f)(1), (f)(2), (f)(4), (f)(6), and
(f)(9), whichever occurs first.
DOCKET NO. FAA–2011–0360
Use the reporting form found in figure 1 and
send the report to the following offices:
(i) Roger A. Caldwell, Aerospace Engineer,
FAA, ANM–100D, Denver Aircraft Certification Office (ACO), 26805 East 68th Avenue, Room 214, Denver, Colorado 80249–
6361; and
(ii) Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011.
INSPECTION REPORT
Airplane model and year of manufacture
Airplane serial number
Airplane registration
Airplane tachometer hours at time of inspection
Airspeed calibrated and marked per paragraph (f)(8) of this AD?
YES, but no calibration adjustment required.
YES, and calibration was adjusted.
For Ercoupe Service Memorandum No. 56
Did aileron system play exceed 7⁄16 of an inch?
NO
YES, and was adjusted.
Was rudder looseness greater than 1⁄4 of an inch at the trailing
edge?
NO
YES, and was adjusted.
Was there elevator motion greater than 3⁄8 of an inch?
NO
YES, and was adjusted.
Were any other discrepancies noticed during this inspection, to include cracks or loose hinges?
For Ercoupe Service Memorandum No. 57
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Does the airplane have aileron balance weights?
NO
YES
If balance weights are installed, were the attachments secure?
NO
YES
Not applicable.
Did you remove the balance weights if allowed?
NO
YES
Not applicable.
If you did not remove balance weights, did you perform Ercoupe
Service Memorandum No. 20 (Ailerons-Reinforcement of)
NO
YES
Not applicable.
If balance weights were removed, was the aileron free play 5⁄16 of
an inch or less?
NO
YES
Not applicable.
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17:31 Apr 13, 2011
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14APP1
20898
Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules
Were any other discrepancies noticed during this inspection?
For Ercoupe Service Memorandum No. 35
Did you perform steps 1, 2, and 7 of the Ercoupe Service Memorandum No. 35?
NO
YES
Were any other discrepancies noticed during this inspection?
Send report to: Roger A. Caldwell, Aerospace Engineer, FAA, ANM–100D, Denver ACO,
26805 East 68th Avenue, Room 214, Denver, Colorado 80249–6361;
fax: (303) 342–1088; E-mail: roger.caldwell@faa.gov; and
Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011
Figure 1
Paperwork Reduction Act Burden Statement
(g) 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
burden should be directed to the FAA at: 800
Independence Ave., SW., Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Denver 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 Principal Maintenance Inspector
or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
(3) AMOCs approved for AD 52–02–02 are
approved as AMOCs for this AD.
Related Information
(i) For more information about this AD,
contact Roger Caldwell, Aerospace Engineer,
FAA, Denver ACO, 26805 East 68th Ave.,
Room 214, Denver, Colorado 80249–6361;
telephone: (303) 342–1086; fax: (303) 342–
1088; e-mail: roger.caldwell@faa.gov.
(j) For service information identified in this
AD, contact Univair Aircraft Corporation,
2500 Himalaya Road, Aurora, Colorado
80011; telephone: (303) 375–8882, facsimile:
(303) 375–8888; Internet: https://
univairparts.com. You may review copies of
the referenced service information at the
FAA, Small Airplane Directorate, 901 Locust
VerDate Mar<15>2010
17:31 Apr 13, 2011
Jkt 223001
St., Kansas City, MO 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148.
Issued in Kansas City, Missouri, on April
7, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2011–9091 Filed 4–13–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: Fax comments to Docket
Operations at 202–493–2251.
FOR FURTHER INFORMATION CONTACT: John
King, Staff Attorney, Regulations
Division, Office of the Chief Counsel,
Federal Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone: 202–
267–3073.
SUPPLEMENTARY INFORMATION:
14 CFR Part 39
The Request
[Docket No. FAA–2010–1167]
The Federal Aviation
Administration’s (FAA) Organization/
Procedures Working Group (WG) of the
Airworthiness Directive Implementation
Aviation Rulemaking Committee (AD
ARC) requested that the FAA provide a
legal interpretation of several provisions
in 14 Code of Federal Regulations (CFR)
that would help resolve a number of
issues that have been debated within the
WG. These issues partly result from
certain changes made in the plain
language revision to CFR part 39 in 2002
(see 67 FR 48003, July 22, 2002).
Proposed Airworthiness Directive
Legal Interpretation
Federal Aviation
Administration, DOT.
ACTION: Proposed airworthiness
directive interpretation.
AGENCY:
The Federal Aviation
Administration is considering issuing a
legal interpretation on various
provisions in the regulations applicable
to airworthiness directives. Comments
from the public are requested to assist
the agency in developing the final legal
interpretation.
DATES: Comments must be received on
or before May 16, 2011.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2010–1167 using any of the following
methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
Hand Delivery or Courier: Bring
comments to Docket Operations in
SUMMARY:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
Question 1—Continuing Obligation
Some members of the WG question
the extent of an aircraft operator’s
continuing obligation to maintain an
AD-mandated configuration. They ask
about two regulations:
Section 39.7 What is the legal effect of
failing to comply with an airworthiness
directive?
Anyone who operates a product that does
not meet the requirements of an applicable
airworthiness directive is in violation of this
section.
Section 39.9 What if I operate an aircraft
or use a product that does not meet the
requirements of an airworthiness directive?
If the requirements of an airworthiness
directive have not been met, you violate
§ 39.7 each time you operate the aircraft or
use the product.
E:\FR\FM\14APP1.SGM
14APP1
]]>Agencies
[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Proposed Rules]
[Pages 20894-20898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9091]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0360; Directorate Identifier 2010-CE-061-AD]
RIN 2120-AA64
Airworthiness Directives; Univair Aircraft Corporation Models
(ERCO) 415-C, 415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2
and A2-A; and (Mooney) M10 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to Univair Aircraft Corporation Models (ERCO) 415-C,
415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2 and A2-A; and
(Mooney) M10 Airplanes. The existing AD currently requires an
inspection of the aileron balance assembly and ailerons for cracks and
excessive looseness of associated parts with the required repair or
replacement of defective parts as necessary. Since we issued that AD,
we received a report of a Univair Aircraft Corporation Model ERCO 415-D
Ercoupe that crashed after an in-flight breakup due to possible aileron
flutter. This proposed AD would add airplanes to the Applicability
section and require inspections of the ailerons, inspections of the
aileron balance assembly and aileron rigging for looseness or wear with
a required repair or replacement of parts as necessary, and a reporting
of the inspection results. We are issuing this proposed AD to prevent
failure of the aileron assembly and associated parts, which could
result in loss of control.
DATES: We must receive comments on this proposed AD by May 31, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Univair
Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011;
telephone: 303-375-8882, fax: 303 375-8888; Internet: https://univairparts.com. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call 816-329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Roger Caldwell, Aerospace Engineer,
FAA, Denver Aircraft Certification Office, 26805 East 68th Ave., Room
214, Denver, Colorado 80249-6361; telephone: (303) 342-1086; fax: (303)
342-1088; e-mail: roger.caldwell@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0360;
Directorate Identifier 2010-CE-061-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We issued AD 52-02-02 (21 FR 9447, December 4, 1956) for Ercoupe
Model 415 Series and Models E and G Airplanes. That AD requires an
initial and repetitive inspection of the aileron balance assembly,
including the aileron hinges, screws and control system, the ailerons
for cracks in support structure and skin, and the repair or replacement
of damaged parts. That AD resulted from several Ercoupe accidents. We
issued that AD as a precautionary measure.
Actions Since Existing AD Was Issued
Since we issued AD 52-02-02, we received a report of a Univair
Aircraft Corporation Model ERCO 415-D Ercoupe that crashed after an in-
flight breakup. Witnesses of the accident noted that while the airplane
was banking both ailerons were ``fluttering'' at a high frequency, and
as the bank angle of the airplane increased to almost 90 degrees, the
left wing of the airplane ``folded back'' and separated from the
fuselage. We have received nine other documented cases of structural
failures of the wing and associated components of the airframe.
There are several Univair airplane models that have similar type
design to that of above-referenced incidents, are not part of the
compliance of AD 52-02-02, and should be subjected to the requirements
of AD 52-02-02.
Relevant Service Information
We reviewed Ercoupe Service Memorandum Nos. 35, 56, and 57 (all not
dated). The Ercoupe Service Memorandum No. 35 describes procedures for
use in rigging or making adjustments to the rigging. The Ercoupe
Service Memorandum No. 56 describes procedures for the inspection of
control surfaces for cracks and excessive play and checking controls
for excessive movement. The Ercoupe Service Memorandum No. 57 describes
procedures for aileron balance weight inspection and removal.
FAA's Determination
We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements
This proposed AD would add airplanes to the Applicability section
of AD 52-02-02 and require inspections of the ailerons, add airplanes
to the Applicability section, add repetitive inspections of the aileron
bell crank and
[[Page 20895]]
the ailerons for looseness or wear with a repair or replacement of
parts as necessary, and add the requirement to report the inspection
results.
Costs of Compliance
We estimate that this proposed AD affects 2,600 airplanes of U.S.
registry. We estimate the following costs to comply with the proposed
AD:
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Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
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Estimated Retained Costs
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4 work-hours x $85 per hour = $340.......... Not applicable................ $340 $884,000
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Estimated New Costs
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.5 work-hour x $85 per hour = $42.50........ Not applicable................ 42.50 110,500
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We estimate the following costs to do any necessary replacements
for the flight control system 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:
On-Condition Costs
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Total cost per
Labor cost Parts cost airplane
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2 work-hours x $85 per hour = Aileron Hinge Part $195
$170. Number (P/N) 415-
24003 $25
2 work-hours x $85 per hour = Elevator Hinge P/N 415- 210
$170. 22007 $40.
2 work-hours x $85 per hour = Elevator Hinge P/N 415- 253
$170. 22008 $83.
2 work-hours x $85 per hour = Rudder Hinge P/N 415- 195
$170. 24003 $25.
2 work-hours x $85 per hour = Aileron Rod-End 190
$170. Bearing P/N GMM-3M-
670 $20.
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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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
(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),
(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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
The FAA amends Sec. 39.13 by removing airworthiness directive (AD)
52-02-02, (21 FR 9447, December 4, 1956), and adding the following new
AD:
Univair Aircraft Corporation: Docket No. FAA-2011-0360; Directorate
Identifier 2010-CE-061-AD.
Comments Due Date
(a) The FAA must receive comments on this proposed AD action by
May 31, 2011.
Affected ADs
(b) This AD supersedes AD 52-02-02 (21 FR 9447, December 4,
1956).
Applicability
(c) This AD applies to Univair Aircraft Corporation Models
(ERCO) 415-C, 415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2
and A2-A; and (Mooney) M10 airplanes, all serial numbers, that are
certificated in any category.
Subject
(d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 27, Flight Controls.
Unsafe Condition
(e) This AD was prompted by a Univair Aircraft Corporation Model
ERCO 415-D Ercoupe that crashed after an in-flight breakup due to
possible aileron flutter. We are issuing this AD to add airplanes to
the Applicability section and require inspections of the ailerons,
inspections of the aileron balance assembly and aileron rigging for
looseness or wear with a required repair or replacement of parts as
necessary, and a reporting of the inspection results.
Compliance
(f) Comply with this AD within the compliance times specified,
unless already done.
[[Page 20896]]
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Actions Compliance Procedures
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(1) For all airplanes: Inspect the (i) Within the next 25 hours time-in- Follow Ercoupe Service Memorandums
ailerons for cracks in the support service (TIS) after the effective No. 56 and 57 (both not dated).
structure and skin. date of this AD or within 3 months
after the effective date of this
AD, whichever occurs first.
Repetitively thereafter inspect at
intervals not to exceed 100 hours
TIS or 12 months, whichever occurs
first.
(ii) We will allow ``unless already
done'' credit for inspections done
within the last 25 hours TIS before
the effective date of this AD or
within the last 3 months before the
effective date of this AD, and you
may use the results from that
inspection for the reporting
requirement in paragraph (f)(10) of
this AD.
(2) For airplanes with the aileron (i) Within the next 25 hours TIS Follow Ercoupe Service Memorandums
balance assembly (ERCO Part Number after the effective date of this AD No. 56 and 57 (both not dated).
(P/N) 415-16009) installed: Inspect or within 3 months after the
the assembly for cracks in the effective date of this AD,
support structure and skin. whichever occurs first.
Repetitively thereafter inspect at
intervals not to exceed 100 hours
TIS or 12 months, whichever occurs
first.
(ii) We will allow ``unless already
done'' credit for inspections done
within the last 25 hours TIS before
the effective date of this AD or
within the last 3 months before the
effective date of this AD, and you
may use the results from that
inspection for the reporting
requirement in paragraph (f)(10) of
this AD.
(3) If any cracking is found during Before further flight after the Follow Ercoupe Service Memorandums
the inspections required in inspection where the cracking was No. 56 and 57 (both not dated).
paragraphs (f)(1) and/or (f)(2) of found.
this AD, repair or replace cracked
parts.
(4) For airplanes with the aileron (i) Within the next 25 hours TIS Follow Ercoupe Service Memorandums
balance assembly (ERCO P/N 415- after the effective date of this AD No. 56 and 57 (both not dated).
16009) installed: Inspect the four or within 3 months after the
No. 6-32 screws that attach the effective date of this AD,
balance weight support to the whichever occurs first.
aileron for looseness and damage. Repetitively thereafter inspect at
intervals not to exceed 100 hours
TIS or 12 months, whichever occurs
first.
(ii) We will allow ``unless already
done'' credit for inspections done
within the last 25 hours TIS before
the effective date of this AD or
within the last 3 months before the
effective date of this AD, and you
may use the results from that
inspection for the reporting
requirement in paragraph (f)(10) of
this AD.
(5) If any looseness or damage is Before further flight after the Follow Ercoupe Service Memorandums
found during the inspection of the inspection where the looseness or No. 56 and 57 (both not dated).
screws required in paragraph (f)(4) damage was found.
of this AD, replace the screws with
AN 526-632 screws, making sure to
not overstress during tightening.
(6) For airplanes with the aileron (i) Within the next 25 hours TIS Follow Ercoupe Service Memorandums
balance assembly (ERCO P/N 415- after the effective date of this AD No. 56 and 57 (both not dated).
16009) installed: Inspect the or within 3 months after the
aileron hinges and aileron control effective date of this AD,
system for excessive looseness or whichever occurs first.
wear in hinge pins or bearings. If, Repetitively thereafter inspect at
with one aileron blocked in the intervals not to exceed 100 hours
neutral position, the total play of TIS or 12 months, whichever occurs
the other aileron, measured at the first.
trailing edge, exceeds \7/16\ inch, (ii) We will allow ``unless already
inspect all the joints and bearings done'' credit for inspections done
and tighten or replace those which within the last 25 hours TIS after
are loose. the effective date of this AD or
within the last 3 months before the
effective date of this AD, and you
may use the results from that
inspection for the reporting
requirement in paragraph (f)(10) of
this AD.
[[Page 20897]]
(7) For airplanes that have never Within the next 25 hours TIS after Follow Ercoupe Service Memorandums
had the aileron balance assembly the effective date of this AD or No. 56 and 57 (both not dated).
(ERCO P/N 415-16009) installed or within 3 months after the effective
from which it has been removed date of this AD, whichever occurs
following Ercoupe Service first.
Memorandum No. 57: Inspect the
aileron hinges and aileron control
system for excessive looseness or
wear in hinge pins or bearings. If,
with one aileron blocked in the
neutral position the total play of
the other aileron, measured at the
trailing edge, exceeds \5/16\ inch,
inspect all the joints and bearings
and tighten those which are loose.
(8) For all airplanes: Determine Within the next 25 hours TIS after Follow FAA Advisory Circular (AC) 23-
that the air speed instrument is the effective date of this AD or 8B, Appendix 9, Airspeed
correctly calibrated and distinctly within 3 months after the effective Calibrations, dated August 14,
marked in accordance with the date of this AD, whichever occurs 2003, or any other FAA-approved
operating limitations. first. airspeed calibration method. AC 23-
8B can be found at https://rgl.faa.gov/.
(9) For all airplanes: Remove load Within the next 25 hours TIS after Follow Ercoupe Service Memorandum
from nose wheel and adjust rigging. the effective date of this AD or No. 35 (not dated).
within 3 months after the effective
date of this AD, whichever occurs
first. Repetitively thereafter
inspect at intervals not to exceed
100 hours TIS or 12 months,
whichever occurs first.
(10) For all airplanes: Report the Within 3 days after the initial Use the reporting form found in
results from the inspections and/or inspections and/or actions required figure 1 and send the report to the
actions required in paragraphs in paragraphs (f)(1), (f)(2), following offices:
(f)(1), (f)(2), (f)(4), (f)(6), (f)(4), (f)(6), (f)(7), (f)(8), and (i) Roger A. Caldwell, Aerospace
(f)(7), (f)(8), and (f)(9) of this (f)(9) of this AD or within 3 days Engineer, FAA, ANM-100D, Denver
AD. after the next repetitive Aircraft Certification Office
inspection and/or action required (ACO), 26805 East 68th Avenue, Room
in paragraphs (f)(1), (f)(2), 214, Denver, Colorado 80249-6361;
(f)(4), (f)(6), and (f)(9), and
whichever occurs first. (ii) Univair Aircraft Corporation,
2500 Himalaya Road, Aurora,
Colorado 80011.
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Docket No. FAA-2011-0360 Inspection Report
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Airplane model and year of
manufacture
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Airplane serial number
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Airplane registration
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Airplane tachometer hours at time
of inspection
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Airspeed calibrated and marked per YES, but no YES, and
paragraph (f)(8) of this AD? calibration calibration was
adjustment adjusted.
required.
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For Ercoupe Service Memorandum No. 56
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Did aileron system play exceed \7/ NO YES, and was adjusted.
16\ of an inch?
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Was rudder looseness greater than NO YES, and was adjusted.
\1/4\ of an inch at the trailing
edge?
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Was there elevator motion greater NO YES, and was adjusted.
than \3/8\ of an inch?
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Were any other discrepancies
noticed during this inspection,
to include cracks or loose
hinges?
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For Ercoupe Service Memorandum No. 57
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Does the airplane have aileron NO YES
balance weights?
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If balance weights are installed, NO YES Not applicable.
were the attachments secure?
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Did you remove the balance weights NO YES Not applicable.
if allowed?
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If you did not remove balance NO YES Not applicable.
weights, did you perform Ercoupe
Service Memorandum No. 20
(Ailerons-Reinforcement of)
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If balance weights were removed, NO YES Not applicable.
was the aileron free play \5/16\
of an inch or less?
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[[Page 20898]]
Were any other discrepancies
noticed during this inspection?
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For Ercoupe Service Memorandum No. 35
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Did you perform steps 1, 2, and 7 NO YES
of the Ercoupe Service Memorandum
No. 35?
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Were any other discrepancies
noticed during this inspection?
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Send report to: Roger A. Caldwell, Aerospace Engineer, FAA, ANM-100D,
Denver ACO,
26805 East 68th Avenue, Room 214, Denver, Colorado 80249-6361;
fax: (303) 342-1088; E-mail: roger.caldwell@faa.gov; and
Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011
Figure 1
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Paperwork Reduction Act Burden Statement
(g) 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 burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Denver 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 Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
(3) AMOCs approved for AD 52-02-02 are approved as AMOCs for
this AD.
Related Information
(i) For more information about this AD, contact Roger Caldwell,
Aerospace Engineer, FAA, Denver ACO, 26805 East 68th Ave., Room 214,
Denver, Colorado 80249-6361; telephone: (303) 342-1086; fax: (303)
342-1088; e-mail: roger.caldwell@faa.gov.
(j) For service information identified in this AD, contact
Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado
80011; telephone: (303) 375-8882, facsimile: (303) 375-8888;
Internet: https://univairparts.com. You may review copies of the
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust St., Kansas City, MO 64106. For information
on the availability of this material at the FAA, call (816) 329-
4148.
Issued in Kansas City, Missouri, on April 7, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-9091 Filed 4-13-11; 8:45 am]
BILLING CODE 4910-13-P
