[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Pages 35-39]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32885]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-45-AD; Amendment 39-12987; AD 2002-26-02]
RIN 2120-AA64


Airworthiness Directives; Univair Aircraft Corporation Models 
Alon A-2 and A2-A; ERCO 415-C, 415-CD, 415-D, 415-E, and 415-G; Forney 
F-1 and F-1A; and Mooney M10 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Univair Aircraft Corporation (Univair) Models Alon A-2 
and A2-A; ERCO 415-C, 415-CD, 415-D, 415-E, and 415-G; Forney F-1 and 
F-1A, and Mooney M10 airplanes. This AD requires you to repetitively 
inspect the wing center section for evidence of corrosion through the 
installation of

[[Page 36]]

inspection openings, through the use of a specified scope and light 
source, or through the removal of the outer wing panels. This AD also 
requires you to repair or replace any parts where corrosion or 
corrosion damage is found, install cover plates if inspection openings 
were made, and send inspection results to Federal Aviation 
Administration (FAA). This AD is the result of several reports of 
corrosion being found throughout the wing center section structure. The 
actions specified by this AD are intended to detect and correct 
corrosion in the wing center section which could result in failure of 
the wing center section structure during flight. Such failure could 
lead to loss of control of the airplane.

DATES: This AD becomes effective on February 14, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
February 14, 2003.

ADDRESSES: You may get the service information referenced in this AD 
from Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 
80011, telephone: (303) 375-8882; facsimile: (303) 375-8888. You may 
view this information at the Federal Aviation Administration (FAA), 
Central Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 2001-CE-45-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; 
or at the Office of the Federal Register, 800 North Capitol Street, NW, 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Roger Caldwell, Aerospace Engineer, 
FAA, Denver Aircraft Certification Office, 26805 East 68th Avenue, Room 
214, Denver, Colorado 80249-6361; telephone: (303) 342-1086; facsimile: 
(303) 342-1088.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The FAA has received several 
reports of severe corrosion being found throughout the wing center 
section of Univair Models Alon A-2 and A2-A; ERCO 415-C, 415-CD, 415-D, 
415-E, and 415-G; Forney F-1 and F-1A, and Mooney M10 airplanes. We 
have determined that the original design configuration of these 
airplanes does not provide adequate means for routine visual inspection 
of the wing center section wing walkway boxes. The inability to inspect 
this area has resulted in corrosion being undetected on these 
airplanes.
    What is the potential impact if FAA took no action? If corrosion is 
not detected and corrected, the wing center section structure could 
fail during flight. Such failure could lead to loss of control of the 
airplane.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Univair Models Alon A-2 and A2-A; 
ERCO 415-C, 415-CD, 415-D, 415-E, and 415-G; Forney F-1 and F-1A; and 
Mooney M10 airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on April 3, 2002 (67 
FR 15763). The NPRM proposed to require the following:

--Repetitively inspect the wing center section for evidence of 
corrosion through the installation of inspection openings, through the 
use of a specified scope and light source, or through the removal of 
the outer wing panels;
--Install cover plate assemblies if inspection openings were made; and
--Repair or replace any parts where corrosion or corrosion damage was 
found.

    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue No. 1: Add Additional Method for Accomplishing the 
Inspection

    What is the commenter's concern? Several commenters state that the 
two methods specified in the NPRM are an economic burden, impact the 
aesthetic and structural appearance of the airplane, and/or reduce the 
structural integrity of the wings. Several of the commenters state that 
the cost of the scope and light source necessary to perform the 
inspection is much more expensive than that stated in the NPRM, and 
that installing inspection openings in the wings will reduce the 
structural integrity of the wings.
    The commenters request to have a third method added to the AD that 
allows for removing the outer wing panels from the airplane to 
accomplish the inspections. The commenters also state that this method 
is less of an economic burden and feel it is more effective than the 
two methods proposed in the NPRM.
    What is FAA's response to the concern? We concur that a third 
inspection method option should be added to the AD.
    The manufacturer has revised the service bulletin to incorporate 
this additional method, and we will incorporate the new service 
bulletin into the final rule AD action.
    We also have verified that the Olympus OSF Endoscope 
(sigmoidoscope) with a Fujinon FIL-150 light source, as specified in 
Note 1 of the NPRM, is available for the cost stated in the NPRM.
    We will change the final rule AD action to incorporate Revision 1 
of Univair Service Bulletin 31.

Comment Issue No. 2: Change the Repetitive Inspection Compliance Time

    What is the commenter's concern? Several commenters state that the 
majority of the airplanes affected by this AD are over 40 years old 
with no history of corrosion problems in the wing center section. 
Therefore, once the initial inspection has been performed and no 
corrosion is found, the commenters do not believe that corrosion would 
become an unsafe condition within the next 12 months or 100 hours time-
in-service (TIS). The commenters suggest that a 3 year or a 5 year 
repetitive interval will be more than adequate.
    What is FAA's response to the concern? We agree with the 
commenters. The initial inspection compliance time will remain the 
same; however, we will change the repetitive inspection intervals to be 
every 3 years.
    We will change the final rule AD action to incorporate this change.

Comment Issue No. 3: Service Bulletin Unavailable

    What is the commenter's concern? Several commenters state that 
Univair was unable to provide them with a copy of the service bulletin 
referenced in the NPRM. Therefore, the commenters were unable to 
provide comments related to the actions required by the service 
bulletin as stated in the NPRM. We infer that the commenters want the 
NPRM withdrawn because they could not obtain the service bulletin.
    What is FAA's response to the concern? We do not concur. We 
understand the concerns of the commenters. However, we cannot require 
accomplishment of any action in accordance with a supplemental 
document, i.e., manufacturer's service bulletin, unless we have an 
approved original copy submitted to FAA from the manufacturer. The 
service bulletin referenced in the NPRM is an official part of the 
rules docket and was available during the comment period at the offices 
specified in the ADDRESSES paragraph in the NPRM.
    We are not changing the final rule AD action based on this comment.

[[Page 37]]

Comment Issue No. 4: Remove the Mooney Model M10 Airplanes From the 
Applicability

    What is the commenter's concern? The commenter states that the 
Mooney rear spar can be readily inspected after the seats and baggage 
compartment floor are removed. This makes it is unnecessary to install 
inspection holes in the skin on this airplane. The commenter wants 
Mooney Model M10 airplanes removed from the applicability section of 
the final rule AD action.
    What is FAA's response to the concern? We do not concur. Corrosion 
or corrosion damage can occur on the Mooney Model M10 airplanes, and 
owners/operators of the affected airplanes have two other methods to 
use for accomplishing the inspection requirements of this AD without 
installing inspection holes.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 5: AD Is Not Warranted

    What is the commenter's concern? Several commenters state that, as 
long as the airplane has been properly maintained (using existing 
procedures) and properly stored, there should not be a problem with 
corrosion build-up in the wing center section. Also, the commenters 
state that the NPRM was issued based on an isolated case of corrosion 
being found on an airplane that was improperly maintained and stored. 
The commenters don't believe there is enough evidence to warrant AD 
action against the entire fleet. Therefore, the commenters recommend 
that FAA withdraw the NPRM.
    What is FAA's response to the concern? We do not concur that the 
NPRM should be withdrawn. We have 27 documented cases, from 1974 to the 
present, of corrosion found throughout the wing components and other 
parts of the airframe. Our analysis indicates that normal maintenance 
procedures and methods do not allow for the detection of corrosion in 
the wing center section of the affected airplanes.
    We are not changing the final rule AD based on these comments.

FAA's Determination

    What is FAA's final determination on this issue? After careful 
review of all available information related to the subject presented 
above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed except for the addition of 
another method to be used for accomplishing the inspection, changing 
the compliance time for the repetitive inspection intervals, and minor 
editorial corrections. We have determined that these changes and minor 
corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

    How many airplanes does this AD impact? We estimate that this AD 
affects 2,600 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affect airplanes? We estimate the following costs to accomplish the 
installation of the inspection openings:

------------------------------------------------------------------------
                                                          Total cost per
              Labor cost                   Parts cost        airplane
------------------------------------------------------------------------
10 workhours x $60 per hour = $600....            $175             $775
------------------------------------------------------------------------

    We estimate the following costs to accomplish the inspection using 
a scope and light source:

----------------------------------------------------------------------------------------------------------------
                                                                                            Total cost on U.S.
              Labor cost                      Parts cost        Total cost per airplane         operators
----------------------------------------------------------------------------------------------------------------
2 workhours x $60 per hour = $120....  $450 for purchase of a   $120 or $570...........  $120 x 2,600 = $312,000
                                        borescope or an                                   or
                                        endoscope, if                                    $570 x 2,600 =
                                        applicable.                                       $1,482,000.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish the inspection by 
removing the outer wing panel:

----------------------------------------------------------------------------------------------------------------
                                                                      Total Cost per      Total Cost on U.S.
               Labor cost                        Parts cost              airplane              operators
----------------------------------------------------------------------------------------------------------------
5 workhours x $60 per hour = $300......  Not applicable............            $300   $300 x 2,600 = $780,000.
----------------------------------------------------------------------------------------------------------------

    The FAA has no method of determining the number of repetitive 
inspections each owner/operator will incur over the life of each of the 
affected airplanes so the cost impact is based on the initial 
inspection.
    The FAA has no method of determining the number of repairs or 
replacements each owner/operator will incur over the life of each of 
the affected airplanes based on the results of the inspections. We have 
no way of determining the number of airplanes that may need such 
repair. The extent of damage may vary on each airplane.

Compliance Time of This AD

    What would be the compliance time of this AD? The compliance time 
of this AD is ``within the next 12 calendar months after the effective 
date of this AD and thereafter at intervals not to exceed 3 years.''
    Why is the compliance time presented in calendar time instead of 
hours time-in-service (TIS)? The unsafe condition specified by this AD 
is caused by corrosion. Corrosion can occur regardless of whether the 
airplane is in operation or is in storage. Therefore, to assure that 
the unsafe condition specified in this AD does not go

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undetected for a long period of time, the compliance is presented in 
calendar time instead of hours TIS.

Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this action (1) Is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979); and (3) 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. A copy 
of the final evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2002-26-02 Univair Aircraft Corporation: Amendment 39-12987; Docket 
No. 2001-CE-45-AD.
    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are certificated 
in any category:

------------------------------------------------------------------------
                   Models                           Serial Numbers
------------------------------------------------------------------------
Alon A-2 and A2-A...........................  All.
ERCO 415-C, 415-CD, 415-D, 415-E, and 415-G.  All.
Forney F-1 and F-1A.........................  All.
Mooney M10..................................  All.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct corrosion in the wing 
center section which could result in failure of the wing center 
section structure during flight. Such failure could lead to loss of 
control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the wing center   Within the next 12    In accordance with
 section for corrosion or      calendar months       the Procedures
 corrosion damage by           after February 14,    section of Univair
 accomplishing one of the      2003 (the effective   Aircraft
 following:                    date of this AD)      Corporation Service
(i) Install inspection         and thereafter at     Bulletin No. 31,
 openings to gain access to    intervals not to      dated January 29,
 the wing walkway box          exceed 3 years.       2002; or Univair
 structure and inspect the                           Aircraft
 wing center structure for                           Corporation Service
 corrosion or corrosion                              Bulletin No. 31,
 damage;.                                            Revision 1, dated
(ii) Use a scope and light                           June 14, 2002; and
 source, e.g., fiberscope                            Advisory Circular
 borescope or an endoscope                           43-4A, Corrosion
 (as specified in paragraph                          Control for
 (e) of this AD) to inspect                          Aircraft.
 the wing center structure
 for corrosion or corrosion
 damage); or.
(iii) Remove the outer wing
 panels to gain visual
 access to the wing walkway
 box structure for corrosion
 or corrosion damage..
(2) If corrosion or           Prior to further      In accordance with
 corrosion damage is found     flight after any      the Procedures
 during any inspection         inspection in which   section of Univair
 required in paragraph         the corrosion or      Aircraft
 (d)(1) of this AD, repair     corrosion damage is   Corporation Service
 or replace damaged            found.                Bulletin No. 31,
 components of the wing                              dated January 29,
 center section.                                     2002; or Univair
                                                     Aircraft
                                                     Corporation Service
                                                     Bulletin No. 31,
                                                     Revision 1, dated
                                                     June 14, 2002; the
                                                     applicable
                                                     maintenance manual;
                                                     and Advisory
                                                     Circular 43-4A,
                                                     Corrosion Control
                                                     for Aircraft.
(3) If inspection openings    Prior to further      In accordance with
 are installed in accordance   flight after each     the Procedures
 with paragraph (d)(1)(i) of   inspection or         section of Univair
 this AD, install cover        repair required in    Aircraft
 plate assemblies.             paragraphs (d)(1)     Corporation Service
                               and (d)(2) of this    Bulletin No. 31,
                               AD.                   dated January 29,
                                                     2002; or Univair
                                                     Aircraft
                                                     Corporation Service
                                                     Bulletin No. 31,
                                                     Revision 1, dated
                                                     June 14, 2002.

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(4) If any damage is found    Within 10 days after  Send the report to
 during any inspection         the inspection in     Roger Caldwell,
 required by this AD, submit   which the corrosion   FAA, at the address
 a Malfunction or Defect       or damage was found   in paragraph (g) of
 Report (M or D), FAA Form     or within 10 days     this AD. You may
 8010-4, to the FAA.           after February 14,    also file
(i) Include the airplane       2003 (the effective   electronically as
 model and serial number,      date of this AD),     discussed in this
 the extent of the damage      whichever occurs      AD.
 (location and type), and      later.
 the total number of hours
 TIS on the damaged area..
(ii) You may submit M or D
 reports electronically by
 accessing the FAA AFS-600
 Web page at http://av-info.faa.gov/isdr. You will
 lose access to the report
 once electronically
 submitted. We recommend you
 print two copies prior to
 submitting the report.
 Forward one copy to the
 Denver Aircraft
 Certification Office (ACO)
 and keep the one copy for
 your records. The Office of
 Management and Budget (OMB)
 approved the information
 collection requirements
 contained in this
 regulation under the
 provisions of the Paperwork
 Reduction Act of 1980 (44
 U.S.C. 3501 et seq.) and
 assigned OMB Control Nubmer
 2120-0056..
------------------------------------------------------------------------

    (e) What kind of scope or light source must I use to accomplish 
the inspection required in paragraph (d)(1)(ii) of this AD? We have 
determined that Olympus OSF Endoscope (sigmoidoscope) with a Fujinon 
FIL-150 light source is acceptable for the inspections option chosen 
in paragraph (d)(1)(ii) of this AD. Other scopes and light sources 
are acceptable and must meet the following minimum characteristics:
    (1) Must be a remote high intensity light source of 150 Watts 
halogen or better.
    (2) The optical system must be of a quality such that it remains 
constantly in focus from about 4 millimeters (0.16 inch) to 
infinity.
    (3) When the tip is approximately 4 millimeters from the 
inspected surface, a magnification of about 10X must be achieved.
    (4) The image guide and protective sheath length must be at 
least 2 feet for more, and the distal tip diameter must be 0.450 
inch or larger.
    (5) There must be control handles for four-way tip articulation 
of the last 4 to 5 inches for a minimum of 100 degrees for each 
direction.
    (f) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Denver Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Denver ACO.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (f) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (g) Where can I get information about any already-approved 
alternative methods of compliance? Contact Roger Caldwell, Aerospace 
Engineer, FAA, Denver Aircraft Certification Office, 26805 East 68th 
Avenue, Room 214, Denver, Colorado 80249-6361; telephone: (303) 342-
1086; facsimile: (303) 342-1088.
    (h) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (i) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Univair Aircraft Corporation Service Bulletin No. 31, dated 
January 29, 2002; or Univair Aircraft Corporation Service Bulletin 
No. 31, Revision 1, dated June 14, 2002. The Director of the Federal 
Register approved this incorporation by reference under 5 U.S.C. 
552(a) and 1 CFR part 51. You may get copies from Univair Aircraft 
Corporation, 2500 Himalaya Road, Aurora, Colorado 80011. You may 
view copies at the FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (j) When does this amendment become effective? This amendment 
becomes effective on February 14, 2003.

    Issued in Kansas City, Missouri, on December 23, 2002.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-32885 Filed 12-31-02; 8:45 am]
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