[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Rules and Regulations]
[Pages 71344-71347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26915]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-64-AD; Amendment 39-13891; AD 2004-25-04]
RIN 2120-AA64
Airworthiness Directives; Mooney Aircraft Corporation Models
M20B, M20C, M20D, M20E, M20F, M20G, and M20J Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all
Mooney Aircraft Corporation (Mooney) Models M20B, M20C, M20D, M20E,
M20F, M20G, and M20J airplanes equipped with an O & N Bladder Fuel Cell
installed per Supplemental Type Certificate (STC) SA2277CE or STC
SA2350CE. The STCs apply to all the affected airplane models except for
Model M20B airplanes. Model M20B airplanes could have one of the STCs
incorporated by field approval. This AD requires you to inspect the
drain valve to assure that it is inserted fully into the drain nipple
and modify any drain valve found not to be inserted fully into the
drain nipple. This AD also requires certain modifications and
replacements on the affected fuel cells to reduce the chances of water/
ice contamination. This AD is the result of reports of rainwater
entering the fuel bladders and the information from the subsequent
evaluation of the fuel systems. The actions specified by this AD are
intended to assist in preventing water from entering the fuel bladders,
which could result in rough engine operation or complete loss of engine
power.
DATES: This AD becomes effective on January 21, 2005.
As of January 21, 2005, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
ADDRESSES: You may get the service information identified in this AD
from O & N Aircraft Modifications Inc., 210 Windsock Lane, Seamans
Airport, Factoryville, PA 18419; telephone: (717) 945-3769; facsimile:
(717) 945-7282.
You may view the AD docket at FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 98-CE-64-AD, 901 Locust,
Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. to 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Paul O. Pendleton, Aerospace Engineer,
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room
100, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316)
946-4143; facsimile: (316) 946-4107.
SUPPLEMENTARY INFORMATION:
Discussion
What events have caused this AD? The FAA has received a report of
water being trapped in the fuel bladders on Mooney Models M20C, M20D,
M20E, M20F, M20G, and M20J airplanes that are equipped with an O & N
Bladder Fuel Cell installed per Supplemental Type Certificate (STC)
SA2277CE or STC SA2350CE. The STCs apply to all of the above-referenced
airplane models except for the Mooney Model M20B airplanes; the Model
M20B airplanes could have one of the STCs incorporated by field
approval.
Evaluation of this problem shows that improper installation of the
fuel bladder drains and fuel caps could allow rainwater to enter the
fuel bladders if the fuel cap was defective.
The evaluation also revealed additional installation problems and
design deficiencies, including:
--Inadequate installation of the foam filler that supports the fuel
bladders;
--Inadequate engine crankcase breather vent and primary fuel vent ice
protection; and
--Fuel caps that have the sealing surface below the fuel tank opening.
What is the potential impact if FAA took no action? If not
prevented, water entering the fuel bladders could result in rough
engine operation or complete loss of engine power.
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 Mooney Aircraft Corporation
(Mooney) Models M20B, M20C, M20D, M20E, M20F, M20G, and M20J airplanes
equipped with an O & N Bladder Fuel Cell installed per Supplemental
Type Certificate (STC) SA2277CE or STC SA2350CE. This proposal was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on October 9, 1998 (63 FR 54401). The NPRM proposed to require
you to inspect the drain valve to assure that it was inserted fully
into the drain nipple and modify any drain valve found not fully
inserted into the drain nipple. The NPRM also proposed to require you
to incorporate the design changes specified in O & N Aircraft
Modifications Inc. Mandatory Service Bulletin No. ON-100, dated
February 1, 1998.
Comments
Was the public invited to comment? We provided the public the
opportunity to participate in developing this AD. The following
presents the comments received on the proposal and FAA's response to
each comment:
Comment Issue No. 1: Remove the Requirement To Replace the Flush Style
Fuel Cap With a Raised Style Fuel Cap
What is the commenter's concern? The FAA received 18 comments with
each commenter stating that requiring replacement of the flush style
fuel caps with raised style fuel caps is unnecessary.
Most commenters, which are owners and operators of the affected
model airplanes, state that they have never experienced getting a
single drop of water in the fuel tanks with the O&N flush style fuel
caps. Many of these airplanes are washed frequently with high-pressure
hoses and are parked outside in the rain, sleet, and snow.
The commenters express no problems with the flush style fuel caps
because of proper maintenance and proper operating procedures.
Several commenters state that all high performance airplanes have
flush style fuel caps. They further comment that, if the FAA wants
these fuel caps replaced on the affected Mooney airplanes because they
pose an unsafe condition, then the FAA should mandate this on all
airplanes with flush style fuel caps.
The commenters also communicate that this replacement would cause a
financial burden with no gain in safety.
The commenters want the fuel cap replacement requirement removed
from the AD.
[[Page 71345]]
What is FAA's response to the concern? We are requiring you to
replace the flush style fuel caps with raised style caps because the
sealing surface of the flush style fuel caps is below the fuel tank
opening.
However, based on the comments received, we have developed ``Pilot
Operating Procedures for Pre-flight Fuel System Check.'' Inserting
these procedures into the Limitations Section of the FAA-approved
Airplane Flight Manual (AFM) would serve as an alternative method of
compliance (AMOC) for replacing the flush style fuel caps.
Based on these comments, we will change the final rule AD to
incorporate these procedures as an AMOC to replacing the fuel caps.
Comment Issue No. 2: Revise or Remove the Proposed AD
What is the commenter's concern? The notice of proposed rulemaking
(NPRM) states that improper installation of the fuel bladder drains and
fuel caps could allow rainwater to enter the fuel bladders.
Several commenters do not feel they should be penalized because of
improper installation of the fuel bladders and the flush fuel cap that
an unauthorized independent fixed base operator did. The commenters
express that no reported problems exist with water in the fuel system
on O&N bladder systems installed at an authorized installation center.
Most commenters state that the proposed AD is unnecessary, could
cause significant damage to the existing fuel bladder tanks, and could
cause a financial burden to the owners and operators with no gain in
safety.
These commenters want the proposed AD withdrawn.
One commenter wants the proposed AD revised to include a proper
inspection by licensed FAA personnel to prevent the reoccurrence of any
improper installation.
Several commenters want the applicability of the AD revised to
exclude airplanes that had the O&N bladder system installed at an
authorized O&N facility.
What is FAA's response to the concern? The FAA does not concur that
the AD is not necessary. As earlier stated, our evaluation of the
problem reveals installation and design deficiencies on the fuel
bladder drains and fuel caps. Our determination on this issue is that
the actions of the AD are necessary to ensure that the unsafe condition
does not continue to exist or develop on the affected type design
airplanes.
As stated before, the incorporation of the ``Pilot Operating
Procedures for Pre-flight Fuel System Check'' as an AMOC for the fuel
cap replacement requirement will alleviate a percentage of the
commenters' concerns.
Comment Issue No. 3: Remove Requirement To Install an Anti-Ice Mast
What is the commenter's concern? One commenter states these
airplanes are not certificated to fly into known icing conditions.
Another commenter states that, since anti-icing masts are not
normally found on general aviation aircraft, there is no reason to add
it to the affected Mooney airplanes. The commenter further expresses
that the anti-ice mast is unproven and untested on Mooney airplanes and
could actually impede vent performance under normal and icing
conditions. The commenter also states that, if the FAA believes that
the risk of vent icing is inordinately high, the FAA should then issue
an AD for all registered aircraft.
The commenters want the final rule AD revised to remove the
requirement to install an anti-ice mast forward of the vent tubes.
What is FAA's response to the concern? The FAA does not concur. As
stated earlier, this is one of the areas where we found installation or
design deficiencies that needed action to remove an unsafe condition.
Therefore, we have determined that this portion of the AD is valid and
necessary to address the unsafe condition.
We are not changing the final rule AD action based on these
comments.
Comment Issue No. 4: Crank Case Vent Hole Is Unrelated to the O&N
Bladder Fuel Cells
What is the commenter's concern? The commenter states that, if
Mooney airplanes with the bladder fuel cells installed need to have
this vent hole drilled in the engine's crankcase breathers, the FAA
should then include all piston-powered airplanes.
What is FAA's response to the concern? To this date, FAA has not
received data indicating that the condition exists on any other
installations other the Mooney airplanes with the O&N fuel cap
installation. If our continued evaluation reveals such a condition, we
will consider further rulemaking action on other type design aircraft.
We are not changing the final rule AD action based on these
comments.
Conclusion
What is FAA's final determination on this issue? We have carefully
reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed except for the
changes discussed above and minor editorial corrections. We have
determined that these changes and minor corrections:
--Are consistent with 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.
Changes to 14 CFR Part 39--Effect on the AD
How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997,
July 22, 2002), which governs the FAA's AD system. This regulation now
includes material that relates to altered products, special flight
permits, and alternative methods of 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.
Costs of Compliance
How many airplanes does this AD impact? We estimate that this AD
affects 300 airplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the
affected airplanes? We estimate the following costs to accomplish the
inspection and modification:
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Total cost per
Labor cost Parts cost airplane Total cost on U.S. operations
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8 work hours x $65 per hour = $200................ $520 + $200 = $750. $720 x 300 = $216,000.
$520.
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[[Page 71346]]
Authority for This Rulemaking
What authority does FAA have for issuing this rulemaking action?
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 AD.
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
``AD Docket No. 98-CE-64-AD'' in your request.
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. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2004-25-04 Mooney Aircraft Corporation: Amendment 39-13891; Docket
No. 98-CE-64-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on January 21, 2005.
What Other ADs Are Affected By This Action?
(b) None.
What Airplanes Are Affected by This AD?
(c) This AD affects Models M20C, M20D, M20E, M20F, M20G, and
M20J airplanes, all serial numbers, that are:
(1) certificated in any category;
(2) equipped with an O & N Bladder Fuel Cell installed per
Supplemental Type Certificate (STC) SA2277CE or STC SA2350CE; and
(3) This AD affects Model M20B airplanes, all serial numbers,
that are certificated in any category and have any of the STCs
referenced in paragraph (c)(2) incorporated by field approval.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of reports of rain water entering the
fuel bladders and the information from the subsequent evaluation of
the fuel systems. The actions specified in this AD are intended to
assist in preventing water from entering the fuel bladders, which
could result in rough engine operation or complete loss of engine
power.
What Must I Do To Address This Problem?
(e) To address this problem, you must do the following:
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Actions Compliance Procedures
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(1) On both the left and right wing, Within the next 12 months after Follow O & N Aircraft Modifications
inspect the drain valve to assure January 21, 2005 (the effective Inc. Mandatory Service Bulletin No.
that it was inserted fully into the date of this AD), unless already ON-100, dated February 1, 1998.
drain nipple done (see Note 1)
(2) Modify any drain valve found not Prior to further flight after the Follow O & N Aircraft Modifications
to be inserted fully into the drain inspection required in paragraph Inc. Mandatory Service Bulletin No.
nipple (e)(1) of this AD, unless already ON-100, dated February 1, 1998.
done (see Note 1).
(3) On both the left and right wing Within the next 12 months after Follow O & N Aircraft Modifications
do the following: January 21, 2005 (the effective Inc. Mandatory Service Bulletin No.
(i) Install a foam wedge to reduce date of this AD), unless already ON-100, dated February 1, 1998.
the amount of trapped fluids in the done (see Note 1).
center fuel cell;
(ii) Install an anti-ice mast
forward of the vent tubes to
prevent icing of the fuel tank
vents;
(iii) Drill a vent hole to prevent
icing of the engine's crankcase
breathers; and
(iv) Replace the flush style fuel
caps and adapters with raised style
caps and adapters. Follow the
instructions in paragraph (f) of
this AD as an alternative method of
compliance for replacing the flush
style fuel caps
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Note 1: All kits installed by (or obtained from) O&N Aircraft
Modifications Inc. after February 1, 1998, incorporate the actions
of this AD. If you have one of these kits installed, you may take
``unless already done'' credit for the actions of this AD.
What Is the Alternate Method of Compliance (AMOC) for Replacing the
Flush Style Fuel Caps as Required in Paragraph (e)(3)(iv) of This AD?
(f) Instead of replacing the flush style fuel caps as required
in paragraph (e)(3)(iv) of this AD, you may do a preflight fuel
system check prior to each flight. To do this, you must insert the
following ``Pilot Operating Procedures--Preflight Fuel System
Check'' (paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) of this AD)
into the Limitation Section of the FAA-approved Airplane Flight
Manual (AFM):
[[Page 71347]]
(1) Place a suitable container under the fuel strainer drain
outlet prior to operating the strainer drain control for at least 4
seconds. Check strainer to ensure drain is closed.(2) Inspect the
fluid drained from the fuel strainer and each wing tank quick drain
for evidence of fuel contamination in the form of water, rust,
sludge, ice, or any other substance not compatible with fuel. Also
check for proper fuel grade before the first flight of each day and
after each refueling. If any contamination is detected, comply with
paragraph (f)(4) of this AD.
(3) Repeat steps in paragraph (f)(1) and (f)(2) of this AD on
each wing tank quick drain.
(4) If the airplane has been exposed to rain, sleet, or snow, or
if the wing fuel tanks or fuel strainer drains produce water or
other contamination, you must purge the airplane fuel system to the
extent necessary to ensure that there is no water, ice, or other
fuel contamination.
May I Request Another AMOC for This AD?
(g) 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, Wichita Aircraft
Certification Office (ACO), FAA. For information on any already
approved alternative methods of compliance, contact Paul O.
Pendleton, Aerospace Engineer, FAA, Wichita ACO, 1801 Airport Road,
Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone:
(316) 946-4143; facsimile: (316) 946-4107.
Does This AD Incorporate Any Material by Reference?
(h) You must do the actions required by this AD following the
instructions in O & N Aircraft Modifications Inc. Mandatory Service
Bulletin No. ON-100, dated February 1, 1998. 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. You may get a copy from O & N Aircraft Modifications Inc., 210
Windsock Lane, Seamans Airport, Factoryville, PA 18419. You may
review copies at FAA, Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on December 1, 2004.
David A. Downey,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-26915 Filed 12-8-04; 8:45 am]
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