[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Rules and Regulations]
[Pages 35370-35372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11880]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21357; Directorate Identifier 2005-CE-29-AD; 
Amendment 39-14136; AD 2005-12-20]
RIN 2120-AA64


Airworthiness Directives; The Lancair Company Model LC41-550FG 
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) for 
certain The Lancair Company (Lancair) Model LC41-550FG airplanes. This 
AD requires both visual and dye penetrant inspections of the elevator 
torque tube assembly for cracks. If a crack is found, this AD requires 
replacement with a modified assembly that incorporates a steel doubler. 
This AD also requires replacement of the modified elevator torque tube 
assembly every 300 hours time-in-service or 18 months (whichever occurs 
first). This AD results from cracks found in the weld area of the 
elevator torque tube assembly. We are issuing this AD to detect and 
correct cracks in the elevator torque tube assembly, which could result 
in failure of the elevator torque tube assembly and subsequent loss of 
control of the airplane.

DATES: This AD becomes effective on June 21, 2005.
    As of June 21, 2005, 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 August 10, 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 AD, contact The 
Lancair Company, 22550 Nelson Road, Bend Oregon 97701; telephone: (541) 
330-4191; e-mail: [email protected].
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2005-21357.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Morfitt, Program Manager, 
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue, 
SW., Renton, Washington 98055-4065; telephone: (425) 917-6405; 
facsimile: (425) 917-6590.

SUPPLEMENTARY INFORMATION:
    What events have caused this AD? Maintenance personnel found a 
large crack in the weld area on the elevator torque tube assembly 
during an elevator disassembly of a Lancair Model LC41-550FG airplane. 
The airplane had only 54 hours total time-in-service.
    This incident prompted an inspection of the elevator torque tube 
assemblies held in inventory at Lancair. The inspection revealed 70 
percent of the factory inventory had cracks.
    A combination of design aspects and manufacturing flaws caused the 
cracks. These flaws lead to rapid fatigue failure of the elevator 
torque tube assembly.
    What is the potential impact if FAA took no action? Cracks in the 
elevator torque tube assembly could cause the elevator torque tube 
assembly to fail. This failure could result in loss of control of the 
airplane.
    Is there service information that applies to this subject? Lancair 
has issued Mandatory Service Bulletin No. SB-05-005A, dated May 20, 
2005.

[[Page 35371]]

    What are the provisions of this service information? The service 
bulletin includes procedures for inspecting, both visually and with dye 
penetrant, the elevator torque tube assemblies for cracks. The service 
bulletin also includes procedures for replacing and reworking cracked 
elevator torque tube assemblies.

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 Lancair Model LC41-550FG airplanes of the same type 
design, we are issuing this AD to prevent failure of the elevator 
torque tube assembly. This failure could cause loss of control of the 
airplane.
    What does this AD require? This AD requires incorporation of 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 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-2005-21357; 
Directorate Identifier 2005-CE-29-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.

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 FAA-2005-21357; Directorate Identifier 2005-CE-29-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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-12-20 The Lancair Company: Amendment 39-14136; Docket No. FAA-
2005-21357; Directorate Identifier 2005-CE-29-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on June 21, 2005.

Are Any Other ADs Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model LC41-550F airplanes, serial numbers 
41001 through 41082, that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD results from cracks found in the weld area of the 
elevator torque tube assembly. We are issuing this AD to detect and 
correct cracks in the elevator torque tube assembly, which could 
result in failure of the elevator torque tube assembly and 
subsequent loss of control of the airplane.

What Must I Do To Address This Problem?

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

    Note 1: The Lancair Company Certified Aircraft Mandatory Service 
Bulletin SB-05-005A, Model 400, dated May 20, 2005, allows the pilot 
to perform the visual inspection of the elevator torque tube 
assembly. The Federal Aviation Regulations (14 CFR 43.3) only allow 
the pilot to perform preventive maintenance as described in 14 CFR 
part 43, App. A, paragraph (c). These visual inspections are not 
considered preventive maintenance under 14 CFR part 43, App. A, 
paragraph (c). Therefore, an appropriately-rated mechanic must 
perform all actions of this AD.


[[Page 35372]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect the      Before further        Follow Part 1 of The
 area of weld joining the      flight after June     Lancair Company
 torque tube to the elevator   21, 2005 (the         Certified Aircraft
 end rib for cracks.           effective date of     Mandatory Service
                               this AD), and         Bulletin SB-05-
                               before each flight    005A, Model 400,
                               until the action      dated May 20, 2005.
                               required in
                               paragraph (e)(2) of
                               this AD is done
                               until a crack is
                               found, whichever
                               occurs first. It is
                               acceptable to do
                               the dye penetrant
                               inspection and
                               modification
                               required in
                               paragraph (e)(2) of
                               this AD before
                               further flight and
                               eliminate the need
                               for the visual
                               inspection(s).
(2) Do a dye penetrant        Within 10 hours TIS   Follow Part 2 of The
 inspection of the area of     after June 21, 2005   Lancair Company
 weld joining the torque       (the effective date   Certified Aircraft
 tube to the elevator end      of this AD). Doing    Mandatory Service
 rib for cracks and modify     the dye penetrant     Bulletin SB-05-
 the elevator torque tube      inspection and        005A, Model 400,
 assembly by installing a      modification          dated May 20, 2005,
 steel doubler.                terminates the        and Revision B to
                               repetitive visual     Chapter 4 of
                               inspection required   Maintenance Manual
                               in paragraph (e)(1)   RC050001, dated May
                               of this AD. This      25, 2005.
                               modified elevator
                               torque tube
                               assembly has a safe
                               limit of 300 hours
                               TIS or 18 months
                               after modification,
                               whichever occurs
                               first, and you must
                               replace it at that
                               interval.
(3) Replace the elevator      Any time a crack is   Follow Part 2 of The
 torque tube assembly with a   found during any      Lancair Company
 new assembly that             inspection required   Certified Aircraft
 incorporates a steel          in paragraphs         Mandatory Service
 doubler in the area of weld   (e)(1) and (e)(2)     Bulletin SB-05-
 joining the torque tube to    of this AD. You may   005A, Model 400,
 the elevator end rib.         do the replacement    dated May 20, 2005,
                               sooner if desired,    and Revision B to
                               in which case, you    Chapter 4 of
                               may discontinue the   Maintenance Manual
                               inspections in        RC050001, dated May
                               paragraphs (e)(1)     25, 2005.
                               and (e)(2) of this
                               AD. The new
                               replacement
                               assembly has a safe
                               life limit of 300
                               hours TIS or 18
                               months after
                               replacement,
                               whichever occurs
                               first, and you must
                               replace it at that
                               interval.
------------------------------------------------------------------------


    Note 2: The compliance times in this AD take precedence over the 
compliance times in the service information.

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, Seattle Aircraft 
Certification Office, FAA. For information on any already approved 
alternative methods of compliance, contact Mr. Jeffrey Morfitt, 
Program Manager, FAA, Seattle Aircraft Certification Office (ACO), 
1601 Lind Avenue, SW., Renton, Washington 98055-4065; telephone: 
(425) 917-6405; facsimile: (425) 917-6590.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in The Lancair Company Certified Aircraft Mandatory 
Service Bulletin SB-05-005A, Model 400, dated May 20, 2005. 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 The Lancair Company 22550 Nelson Road, Bend Oregon 97701; 
telephone: (541) 330-4191; e-mail: [email protected]. 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-05-21357; Directorate 
Identifier 2005-CE-29-AD.

    Issued in Kansas City, Missouri, on June 10, 2005.
Kim Smith,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11880 Filed 6-17-05; 8:45 am]
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