Airworthiness Directives; Mooney International Corporation Airplanes, 5246-5249 [2023-01730]

Download as PDF 5246 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Rules and Regulations H. E.O. 13175, Consultation With Indian Tribes 603(a) and 604(a). The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil penalties annually. No discretion is allowed. Thus, the RFA does not apply to this final rule. In accordance with Executive Order 13175, OPM has evaluated this rule and determined that it has no tribal implications. I. Paperwork Reduction Act C. Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)) This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises. D. Unfunded Mandate Reform Act of 1995 (2 U.S.C. 1532) This rule does not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not significantly or uniquely affect small governments. E. E.O. 12630, Takings This rule does not have takings implications. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. List of Subjects in 5 CFR Part 185 Basis for civil penalties and assessments, Claims, Penalties, Program fraud civil remedies. Office of Personnel Management. Stephen Hickman, Federal Register Liaison. For the reasons set forth in the preamble, amend part 185 of title 5 of the Code of Federal Regulations as follows: PART 185—PROGRAM FRAUD CIVIL REMEDIES 1. The authority citation for part 185 continues to read: ■ Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801–3812. § 185.103 [Amended] 2. In § 185.103, amend paragraphs (a) introductory text and (f)(2) by removing ‘‘$12,537’’ and adding ‘‘$13,508’’ in its place. ■ [FR Doc. 2023–01612 Filed 1–26–23; 8:45 am] BILLING CODE 6325–48–P F. E.O. 13132, Federalism This rule does not have federalism implications. The rule does 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. khammond on DSKJM1Z7X2PROD with RULES G. E.O. 12988, Civil Justice Reform 15:56 Jan 26, 2023 Jkt 259001 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–0024; Project Identifier AD–2022–01492–A; Amendment 39–22311; AD 2023–02–04] RIN 2120–AA64 This rule complies with the requirements of E.O. 12988. Specifically, this rule: (a) Does not unduly burden the judicial system. (b) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (c) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION Airworthiness Directives; Mooney International Corporation Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Mooney International Corporation Model M20C, M20D, M20E, M20F, and M20G airplanes. This AD was prompted by reports of the hybrid material SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 elevator balance weight cracking. This AD requires inspecting to determine whether a certain elevator balance weight is installed. If installed, this AD requires inspecting each affected elevator balance weight for corrosion and cracking, and depending on the findings, either replacing each affected elevator balance weight with a nonhybrid (lead) elevator balance weight or repetitively inspecting each affected elevator balance weight. This AD also prohibits the installation of an affected elevator balance weight on any airplane. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 13, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 13, 2023. The FAA must receive comments on this AD by March 13, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to 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. AD Docket: You may examine the AD docket at regulations.gov by searching for and locating Docket No. FAA–2023– 0024; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For service information identified in this final rule, contact Mooney International Corporation, 165 Al Mooney Road North, Kerrville, TX 78028; phone: (800) 456–3033; email: support@mooney.com; website: mooney.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov by searching for and locating Docket No. FAA–2023–0024. E:\FR\FM\27JAR1.SGM 27JAR1 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Bang Nguyen, Aviation Safety Engineer, Compliance & Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177; phone: (817) 222– 4973; email: bang.nguyen@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–0024 and Project Identifier AD–2022–01492– A’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. khammond on DSKJM1Z7X2PROD with RULES Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Bang Nguyen, Aviation Safety Engineer, Compliance & Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA has received reports of corrosion and cracks found on elevator VerDate Sep<11>2014 15:56 Jan 26, 2023 Jkt 259001 5247 balance weights on Mooney International Corporation Model M20F airplanes. The affected airplanes are equipped with smooth skin elevators, part number (P/N) 430000–503 and P/N 430000–504, with hybrid material elevator balance weight P/N 430018–1 installed. The hybrid elevator balance weight P/N 430018–1 is similar in size and shape (but not in weight) to the elevator balance weight P/N 430016–7. It is possible the hybrid elevator balance weight P/N 430018–1 has also been installed on Model M20C, M20D, M20E, and M20G airplanes. The hybrid elevator balance weights were found to have developed galvanic corrosion and visible signs of cracking, which caused them to become severely displaced. Justification for Immediate Adoption and Determination of the Effective Date This condition, if not addressed, could result in partial or total separation of the elevator balance weight during flight, which could lead to elevator flutter and consequent loss of control of the airplane. The FAA is issuing this AD to address the unsafe condition on these products. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule because corrosion on the elevator balance weight could lead to cracks that, if not addressed, could result in elevator flutter leading to elevator failure with consequent loss of control of the airplane. Because undetected corrosion could have developed over time and therefore the cracks can develop quickly and without warning, the affected elevator balance weights must be inspected before further flight. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). FAA’s Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Related Service Information Under 1 CFR Part 51 The FAA reviewed Mooney International Corporation Service Bulletin M20–345A, dated December 13, 2022. This service information specifies procedures for inspecting to determine whether a hybrid elevator balance weight P/N 430018–1 is installed, inspecting each hybrid elevator balance weight P/N 430018–01 for chipping or cracking, and depending on the inspection results, either repetitively inspecting each hybrid elevator balance weight or replacing with a non-hybrid (lead) elevator balance weight P/N 430016–7. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. AD Requirements Frm 00003 Fmt 4700 In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forego notice and comment. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required. Costs of Compliance This AD requires accomplishing the actions specified in the service information already described and prohibits the installation of an affected elevator balance weight on any airplane. PO 00000 Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. Sfmt 4700 The FAA estimates that this AD affects 3,098 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: E:\FR\FM\27JAR1.SGM 27JAR1 5248 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Rules and Regulations ESTIMATED COSTS Action Labor cost Parts cost Inspect for existence of P/N 430018–1 ....... 1 work hour × $85 per hour = $85 .............. Not Applicable ..... The FAA estimates the following costs to do any necessary replacements that would be required based on the results of the inspection. The FAA estimates the following costs to do any necessary inspection or replacement that would be required based on the results of the initial inspection. There were 137 elevator balance weights P/N 430018–1 produced. Therefore, up to 137 airplanes of the 3,098 affected airplanes could have the affected Cost per product Cost on U.S. operators $85 $263,330 elevator balance weights installed. The FAA has no way of knowing if all 137 affected elevator balance weights are installed. ON-CONDITION COSTS Action Labor cost Parts cost Inspect elevator balance weights P/N 430018–1 for cracks/corrosion. Replace elevator balance weights P/N 430018–1. 6 work-hours × $85 per hour = $510 .... Not Applicable ..... $510 per inspection cycle. 10 work-hours × $85 per hour = $850 .. $650 .................... $1,500. 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. The FAA is 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. khammond on DSKJM1Z7X2PROD with RULES Regulatory Findings 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, and (2) Will not affect intrastate aviation in Alaska. VerDate Sep<11>2014 15:56 Jan 26, 2023 Jkt 259001 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–02–04 Mooney International Corporation: Amendment 39–22311; Docket No. FAA–2023–0024; Project Identifier AD–2022–01492–A. (a) Effective Date This airworthiness directive (AD) is effective February 13, 2023. (b) Affected ADs None. (c) Applicability Mooney International Corporation Model M20C, M20D, M20E, M20F, and M20G airplanes, all serial numbers up to 680170 inclusive, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Code: 5520, Elevator Structure. (e) Unsafe Condition This AD was prompted by reports of the hybrid elevator balance weight cracking. The PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Cost per product FAA is issuing this AD to detect and address the corrosion and cracking of the hybrid elevator balance weight. The unsafe condition, if not addressed, could result in partial or total separation of the elevator balance weight during flight, which could lead to elevator flutter with consequent loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Action (1) Before further flight after the effective date of this AD, inspect both elevators to determine if any hybrid elevator balance weight part number (P/N) 430018–1 is installed in accordance with STEP 1.1 of the Instructions section in Mooney International Corporation Service Bulletin M20–345A, dated December 13, 2022. The repetitive inspection and replacement required by paragraphs (g)(2) and (3) of this AD are not required if any hybrid elevator balance weight P/N 430018–1 is not installed. (2) If any hybrid elevator balance weight P/ N 430018–1 is installed, before further flight after the effective date of this AD and thereafter at intervals not to exceed 100 hours time-in-service or 12 months, whichever occurs first, inspect each hybrid elevator balance weight P/N 430018–1 for any corrosion and cracks in accordance with STEP 2 of the Instructions section in Mooney International Corporation Service Bulletin M20–345A, dated December 13, 2022. (3) If any corrosion or cracks are found as a result of any inspection required in paragraph (g)(2) of this AD, before further flight, replace the elevator balance weight with a non-hybrid (lead) elevator balance weight P/N 430016–7 in accordance with STEPS 3.1.1 through 3.1.8 of the Instructions section in Mooney International Corporation Service Bulletin M20–345A, dated December 13, 2022, except contacting Mooney Service Parts in STEP 3.1.7 is not required by this AD. The repetitive inspections required by E:\FR\FM\27JAR1.SGM 27JAR1 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Rules and Regulations paragraph (g)(2) of this AD are no longer required for that elevator balance weight after this replacement. (4) As of the effective date of this AD, do not install hybrid elevator balance weight P/ N 430018–1 on any airplane. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Fort Worth 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 certification office, send it to the attention of the person identified in paragraph (i) 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. (i) Related Information For more information about this AD, contact Bang Nguyen, Aviation Safety Engineer, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; phone: (817) 222–4973; email: bang.nguyen@faa.gov. khammond on DSKJM1Z7X2PROD with RULES (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Mooney International Corporation Service Bulletin M20–345A, dated December 13, 2022. (ii) [Reserved] (3) For service information identified in this AD, contact Mooney International Corporation, 165 Al Mooney Road North, Kerrville, TX 78028; phone: (800) 456–3033; email: support@mooney.com; website: mooney.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on January 19, 2023. Gaetano A. Sciortino, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–01730 Filed 1–24–23; 4:15 pm] BILLING CODE 4910–13–P VerDate Sep<11>2014 15:56 Jan 26, 2023 Jkt 259001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2022–1224; Airspace Docket No. 22–ACE–18] RIN 2120–AA66 Amendment of Class E Airspace; Marshalltown, IA Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends the Class E airspace at Marshalltown, IA. This action is the result of an airspace review as part of the decommissioning of the Elmwood very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program. DATES: Effective 0901 UTC, April 20, 2023. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_ traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. SUPPLEMENTARY INFORMATION: SUMMARY: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends the Class E airspace extending upward from PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 5249 700 feet above the surface at Marshalltown Municipal Airport, Marshalltown, IA, to support instrument flight rule operations at this airport. History The FAA published a notice of proposed rulemaking in the Federal Register (87 FR 66629; November 4, 2022) for Docket No. FAA–2022–1224 to amend the Class E airspace at Marshalltown, IA. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order JO 7400.11G, dated August 19, 2022, and effective September 15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in FAA Order JO 7400.11. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This amendment to 14 CFR part 71 amends the Class E airspace extending upward from 700 feet above the surface to within a 6.5-mile (increased from a 6.4-mile) radius of Marshalltown Municipal Airport, Marshalltown, IA; and removes the Elmwood VOR/DME and associated extensions from the airspace legal description. This action is due to an airspace review as part of the decommissioning of the Elmwood VOR, which provided navigation information for the instrument procedures at this airport, as part of the VOR MON Program. FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative E:\FR\FM\27JAR1.SGM 27JAR1

Agencies

[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Rules and Regulations]
[Pages 5246-5249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01730]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0024; Project Identifier AD-2022-01492-A; 
Amendment 39-22311; AD 2023-02-04]
RIN 2120-AA64


Airworthiness Directives; Mooney International Corporation 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Mooney International Corporation Model M20C, M20D, M20E, M20F, 
and M20G airplanes. This AD was prompted by reports of the hybrid 
material elevator balance weight cracking. This AD requires inspecting 
to determine whether a certain elevator balance weight is installed. If 
installed, this AD requires inspecting each affected elevator balance 
weight for corrosion and cracking, and depending on the findings, 
either replacing each affected elevator balance weight with a non-
hybrid (lead) elevator balance weight or repetitively inspecting each 
affected elevator balance weight. This AD also prohibits the 
installation of an affected elevator balance weight on any airplane. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective February 13, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 13, 
2023.
    The FAA must receive comments on this AD by March 13, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2023-0024; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, any 
comments received, and other information. The street address for Docket 
Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Mooney International Corporation, 165 Al Mooney Road North, 
Kerrville, TX 78028; phone: (800) 456-3033; email: mooney.com">[email protected]mooney.com; 
website: mooney.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov by searching for and locating Docket No. FAA-2023-0024.

[[Page 5247]]


FOR FURTHER INFORMATION CONTACT: Bang Nguyen, Aviation Safety Engineer, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort 
Worth, TX 76177; phone: (817) 222-4973; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-0024 and Project Identifier 
AD-2022-01492-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Bang 
Nguyen, Aviation Safety Engineer, Compliance & Airworthiness Division, 
FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177. Any commentary that 
the FAA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Background

    The FAA has received reports of corrosion and cracks found on 
elevator balance weights on Mooney International Corporation Model M20F 
airplanes. The affected airplanes are equipped with smooth skin 
elevators, part number (P/N) 430000-503 and P/N 430000-504, with hybrid 
material elevator balance weight P/N 430018-1 installed. The hybrid 
elevator balance weight P/N 430018-1 is similar in size and shape (but 
not in weight) to the elevator balance weight P/N 430016-7. It is 
possible the hybrid elevator balance weight P/N 430018-1 has also been 
installed on Model M20C, M20D, M20E, and M20G airplanes. The hybrid 
elevator balance weights were found to have developed galvanic 
corrosion and visible signs of cracking, which caused them to become 
severely displaced.
    This condition, if not addressed, could result in partial or total 
separation of the elevator balance weight during flight, which could 
lead to elevator flutter and consequent loss of control of the 
airplane. The FAA is issuing this AD to address the unsafe condition on 
these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Mooney International Corporation Service Bulletin 
M20-345A, dated December 13, 2022. This service information specifies 
procedures for inspecting to determine whether a hybrid elevator 
balance weight P/N 430018-1 is installed, inspecting each hybrid 
elevator balance weight P/N 430018-01 for chipping or cracking, and 
depending on the inspection results, either repetitively inspecting 
each hybrid elevator balance weight or replacing with a non-hybrid 
(lead) elevator balance weight P/N 430016-7. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in ADDRESSES.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described and prohibits the installation of an 
affected elevator balance weight on any airplane.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because corrosion on the elevator balance weight could lead to cracks 
that, if not addressed, could result in elevator flutter leading to 
elevator failure with consequent loss of control of the airplane. 
Because undetected corrosion could have developed over time and 
therefore the cracks can develop quickly and without warning, the 
affected elevator balance weights must be inspected before further 
flight. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest pursuant to 5 
U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 3,098 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 5248]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
             Action                    Labor cost              Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
Inspect for existence of P/N      1 work hour x $85    Not Applicable...........             $85        $263,330
 430018-1.                         per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The FAA estimates the following costs to do any necessary 
inspection or replacement that would be required based on the results 
of the initial inspection. There were 137 elevator balance weights P/N 
430018-1 produced. Therefore, up to 137 airplanes of the 3,098 affected 
airplanes could have the affected elevator balance weights installed. 
The FAA has no way of knowing if all 137 affected elevator balance 
weights are installed.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                 Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Inspect elevator balance weights P/  6 work-hours x $85 per  Not Applicable..............  $510 per inspection
 N 430018-1 for cracks/corrosion.     hour = $510.                                          cycle.
Replace elevator balance weights P/  10 work-hours x $85     $650........................  $1,500.
 N 430018-1.                          per hour = $850.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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 adding the following new airworthiness 
directive:

2023-02-04 Mooney International Corporation: Amendment 39-22311; 
Docket No. FAA-2023-0024; Project Identifier AD-2022-01492-A.

(a) Effective Date

    This airworthiness directive (AD) is effective February 13, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    Mooney International Corporation Model M20C, M20D, M20E, M20F, 
and M20G airplanes, all serial numbers up to 680170 inclusive, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5520, Elevator 
Structure.

(e) Unsafe Condition

    This AD was prompted by reports of the hybrid elevator balance 
weight cracking. The FAA is issuing this AD to detect and address 
the corrosion and cracking of the hybrid elevator balance weight. 
The unsafe condition, if not addressed, could result in partial or 
total separation of the elevator balance weight during flight, which 
could lead to elevator flutter with consequent loss of control of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action

    (1) Before further flight after the effective date of this AD, 
inspect both elevators to determine if any hybrid elevator balance 
weight part number (P/N) 430018-1 is installed in accordance with 
STEP 1.1 of the Instructions section in Mooney International 
Corporation Service Bulletin M20-345A, dated December 13, 2022. The 
repetitive inspection and replacement required by paragraphs (g)(2) 
and (3) of this AD are not required if any hybrid elevator balance 
weight P/N 430018-1 is not installed.
    (2) If any hybrid elevator balance weight P/N 430018-1 is 
installed, before further flight after the effective date of this AD 
and thereafter at intervals not to exceed 100 hours time-in-service 
or 12 months, whichever occurs first, inspect each hybrid elevator 
balance weight P/N 430018-1 for any corrosion and cracks in 
accordance with STEP 2 of the Instructions section in Mooney 
International Corporation Service Bulletin M20-345A, dated December 
13, 2022.
    (3) If any corrosion or cracks are found as a result of any 
inspection required in paragraph (g)(2) of this AD, before further 
flight, replace the elevator balance weight with a non-hybrid (lead) 
elevator balance weight P/N 430016-7 in accordance with STEPS 3.1.1 
through 3.1.8 of the Instructions section in Mooney International 
Corporation Service Bulletin M20-345A, dated December 13, 2022, 
except contacting Mooney Service Parts in STEP 3.1.7 is not required 
by this AD. The repetitive inspections required by

[[Page 5249]]

paragraph (g)(2) of this AD are no longer required for that elevator 
balance weight after this replacement.
    (4) As of the effective date of this AD, do not install hybrid 
elevator balance weight P/N 430018-1 on any airplane.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Fort Worth 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 certification office, send it to the attention of the 
person identified in paragraph (i) 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.

(i) Related Information

    For more information about this AD, contact Bang Nguyen, 
Aviation Safety Engineer, Compliance & Airworthiness Division, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; phone: (817) 222-4973; 
email: [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Mooney International Corporation Service Bulletin M20-345A, 
dated December 13, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Mooney International Corporation, 165 Al Mooney Road North, 
Kerrville, TX 78028; phone: (800) 456-3033; email: 
mooney.com">[email protected]mooney.com; website: mooney.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 19, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-01730 Filed 1-24-23; 4:15 pm]
BILLING CODE 4910-13-P
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