[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Pages 67809-67811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25595]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19618; Directorate Identifier 2004-CE-39-AD; 
Amendment 39-13872; AD 2004-23-17]
RIN 2120-AA64


Airworthiness Directives; Mooney Airplane Company, Inc., Model 
M20M Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) to 
supersede Airworthiness Directive 91-03-15, which applies to certain 
Mooney Airplane Company, Inc., (Mooney) Model M20M airplanes. AD 91-03-
15 currently requires you to replace the tailpipe coupling with 
improved tailpipe coupling. Since we issued AD 91-03-15, a fire erupted 
in the lower left cockpit area on one of the airplanes affected by AD 
91-03-15. The V-clamp that attaches the exhaust tailpipe to the 
turbocharger fell off, which allowed the exhaust tailpipe to detach 
from the turbocharger. Hot exhaust gases from the turbocharger outlet 
blasted the lower left firewall. This AD requires you to replace the 
existing radiant heat shield with the new improved design heat shield, 
deflector kit; replace the existing exhaust tailpipe-to-turbocharger V-
band clamp with the new design V-band clamp; and modify the hydraulic 
brake fluid poly line. We are issuing this AD to prevent the V-clamp 
from detaching from the turbocharger and to prevent exposure of the 
firewall to hot exhaust gases, which could result in an in-flight fire. 
An in-flight fire could lead to loss of control of the airplane and 
passenger injury.

DATES: This AD becomes effective on December 1, 2004.
    As of December 1, 2004, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.
    We must receive any comments on this AD by January 12, 2005.

ADDRESSES: Use one of the following to submit comments on this AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact Mooney Airplane Company, Inc., Louis Schreiner Field, 
Kerrville, Texas 78028; telephone: (830) 896-6000.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2004-19618.

FOR FURTHER INFORMATION CONTACT: Garry D. Sills, Aerospace Engineer, 
Rotorcraft Directorate, ASW-150, 2601 Meacham Blvd, Fort Worth, Texas 
76193; telephone: (817) 222-5154; facsimile: (817) 222-5960.

SUPPLEMENTARY INFORMATION:
    Has FAA taken any action to this point? The FAA issued AD 91-03-15, 
Amendment 39-6870 to prevent the discharge of high temperature exhaust 
gases inside the engine compartment that could result in the airplane 
cabin catching fire for certain Mooney Model M20M airplanes. AD 91-03-
15 currently requires replacing the tailpipe coupling.
    What has happened since AD 91-03-15 to initiate this AD action? The 
FAA received a report that a fire erupted below the pilot's rudder 
pedals shortly after takeoff on one of the airplanes affected by AD 91-
03-15, which caused smoke to fill the cabin. Investigation revealed 
that the V-clamp attaching the exhaust tailpipe to the turbocharger had 
fallen off. This allowed the exhaust tailpipe to drop away form the 
turbocharger. Hot exhaust gases from the turbocharger outlet were 
blasted onto the lower left firewall. The fire ignited in the left 
lower cockpit area below the rudder/brake pedals and behind the 
firewall. Hydraulic fluid ignited when a plastic hydraulic supply line 
behind the firewall melted.
    What is the potential impact if FAA took no action? The V-clamp 
could detach from the turbocharger and expose the firewall to hot 
exhaust gases, which could result in an in-flight fire. An in-flight 
fire could lead to loss of control of the airplane and passenger 
injury.
    Is there service information that applies to this subject? Mooney 
has issued Service Bulletin M20-283A, dated March 30, 2004.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Replacing the existing radiant heat shield with the new heat shield, 
deflector kit;
--Replacing the existing exhaust tailpipe-to-turbocharger V-band clamp; 
and
--Modifying the hydraulic brake fluid poly line.

FAA's Determination and Requirements of the AD

    What has FAA decided? We have evaluated all pertinent information 
and identified an unsafe condition that is likely to exist or develop 
on other products of this same type design.
    Since the unsafe condition described previously is likely to exist 
or develop on other Mooney Model M20M airplanes of the same type 
design, we are issuing this AD to prevent the V-clamp from detaching 
from the turbocharger and to prevent exposure of the firewall to hot 
exhaust gases, which could result in an in-flight fire. An in-flight 
fire could lead to loss of control of the airplane and passenger 
injury.
    What does this AD require? This AD supersedes AD 91-03-15 and 
requires you to incorporate the actions in the previously-referenced 
service bulletin.
    In preparing this rule, we contacted type clubs and aircraft 
operators to get technical information and information on operational 
and economic impacts. We did not receive any information through these 
contacts. If received, we would have included a discussion of any 
information that may have influenced this action in the rulemaking 
docket.
    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, we published a new version of 14 CFR part 39 (67 FR 47997, July 
22, 2002), which governs FAA's AD system. This regulation now includes 
material that relates to altered products, special flight permits, and 
alternative methods of

[[Page 67810]]

compliance. This material previously was included in each individual 
AD. Since this material is included in 14 CFR part 39, we will not 
include it in future AD actions.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19618; 
Directorate Identifier 2004-CE-39-AD'' in the subject line of your 
comments. If you want us to acknowledge receipt of your mailed 
comments, send us a self-addressed, stamped postcard with the docket 
number written on it; we will date-stamp your postcard and mail it back 
to you. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify it. If a person contacts us through a 
nonwritten communication, and that contact relates to a substantive 
part of this AD, we will summarize the contact and place the summary in 
the docket. We will consider all comments received by the closing date 
and may amend the AD in light of those comments.

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD will not have a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``Docket No. FAA-2004-19618; Directorate Identifier 2004-CE-39-AD'' in 
your request.
    This rulemaking is promulgated under the authority in Subtitle VII, 
Part A, Subpart III, Section 44701, General requirements. Under that 
section, the FAA is charged with prescribing minimum standards required 
in the interest of safety for the design of aircraft. This regulation 
is within the scope of that authority since it corrects an unsafe 
condition in the design of the aircraft caused by the V-clamp detaching 
from the turbocharger and exposing the firewall to hot exhaust gases.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
91-03-15, Amendment 39-6870 and by adding a new AD to read as follows:

2004-23-17 Mooney Airplane Company, Inc.: Amendment 39-13872; Docket 
No. FAA-2004-19618; Directorate Identifier 2004-CE-39-AD. Supersedes 
AD 91-03-15; Amendment 39-6870.

When Does This AD Become Effective?

    (a) This AD becomes effective on December 1, 2004.

Are Any Other ADs Affected by This Action?

    (b) Yes. This AD supersedes AD 91-03-15, Amendment 39-6870.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model M20M airplanes, serial numbers 27-0001 
through 27-0321, that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of an in-flight cockpit fire. We are 
issuing this AD to prevent the V-clamp from detaching from the 
turbocharger and to prevent exposure of the firewall to hot exhaust 
gases, which could result in an in-flight fire. An in-flight fire 
could lead to loss of control of the airplane and passenger injury.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Remove the existing       Within 10 hours time- Follow Mooney
 radiant heat shield, part     in-service (TIS)      Airplane Company,
 number (P/N) 600182-501       after December 1,     Inc. Service
 (A), and replace with the     2004 (the effective   Bulletin M20-283A,
 new radiant heat shield, P/   date of this AD),     dated March 30,
 N 600182-501 (B), and         unless already        2004.
 install the new heat shield   done. If you have
 deflector, P/N 600505-001.    already
 Remove the existing V-band    incorporated all
 clamp, P/N 55677-340M or      parts of Mooney
 40D21162-340M, and install    Airplane Company,
 the new V-band clamp, P/N     Inc. Service
 NH1009399-10 or 40D23255-     bulletin M20-283,
 340M.                         dated January 3,
                               2004, then you only
                               have to replace the
                               tailpipe V-band
                               clamp with the new
                               configuration V-
                               band clamp, P/N
                               NH109399-10 or
                               40D23255-340M.
(2) Modify the hydraulic      Within 10 hours TIS   Follow Mooney
 brake fluid poly line.        after December 1,     Airplane Company,
                               2004 (the effective   Inc. Service
                               date of this AD),     Bulletin M20-283A,
                               unless already        dated March 30,
                               done. If you have     2004.
                               already
                               incorporated all
                               parts of Mooney
                               Airplane Company,
                               Inc. Service
                               Bulletin M20-283,
                               dated January 3,
                               2004, then you only
                               have to replace the
                               tailpipe V-band
                               clamp with the new
                               configuration V-
                               band clamp, P/N
                               NH109399-10 or
                               40D23255-340M.
------------------------------------------------------------------------


[[Page 67811]]

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Fort Worth Aircraft 
Certification Office, FAA. For information on any already approved 
alternative methods of compliance, contact Garry D. Sills, Aerospace 
Engineer, Rotorcraft Directorate, ASW-150, 2601 Meacham Blvd., Fort 
Worth, Texas 76193; telephone: (817) 222-5154; facsimile: (817) 222-
5960.
    (1) Alternative methods of compliance (AMOC) approved for AD 91-
03-15 are not considered approved as an AMOC for this AD.
    (2) You may have already done the actions of this AD per an AMOC 
from 91-03-15. If so, no further action is required.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Mooney Airplane Company, Inc. Service Bulletin M20-
283A, dated March 30, 2004. The Director of the Federal Register 
approved the incorporation by reference of this service bulletin in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of 
this service information, contact Mooney Airplane Company, Inc., 
Louis Schreiner Field, Kerrville, Texas 78028; telephone: (830) 896-
6000. To review copies of this service information, go to the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030. To view the AD docket, 
go to the Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19618.

    Issued in Kansas City, Missouri, on November 12, 2004.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25595 Filed 11-19-04; 8:45 am]
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