[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Pages 6663-6666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1998]



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  Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / 
Rules and Regulations  

[[Page 6663]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1128; Directorate Identifier 2011-CE-031-AD; 
Amendment 39-16933; AD 2012-02-10]
RIN 2120-AA64


Airworthiness Directives; CPAC, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for all CPAC, Inc. (type certificate formerly held by Commander 
Aircraft Corporation, Gulfstream Aerospace Corporation, and Rockwell 
International) Models 112, 112B, 112TC, 112TCA, 114, 114A, 114B, and 
114TC airplanes. That AD currently requires a one-time inspection of 
the elevator spar for cracks and, if any crack is found, either replace 
with a serviceable elevator spar that is found free of cracks or 
repair/modify the elevator spar with an FAA-approved method. That AD 
also requires reporting to the FAA the results of the inspection. Since 
we issued that AD, using the data collected through the reporting 
requirement, we have determined there is a need for continued 
inspections. This new AD requires repetitive inspections of the 
elevator spar for cracks and, if any crack is found, either replacing 
with a serviceable elevator spar that is free of any cracks and/or 
corrosion or repairing/modifying the elevator spar with an FAA-approved 
procedure. We are issuing this AD to correct the unsafe condition on 
these products.

DATES: This AD is effective March 15, 2012.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: (800) 647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: T.N. Baktha, Senior Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-4155; fax: 
(316) 946-4107; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2011-07-13, Amendment 39-16650 (76 FR 18376, 
April 4, 2011). That AD applies to the specified products. The NPRM 
published in the Federal Register on October 17, 2011 (76 FR 64038). 
That NPRM proposed to retain all of the requirements of AD 2011-07-13 
and make the previous one-time inspection repetitive.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(76 FR 64038, October 17, 2011) and the FAA's response to each comment.

Request for Clarification

    James D. Richards of Aerodyme Corporation requested additional 
information be added to the final rule AD action to clarify whether or 
not the inspection intervals and procedures in this AD take precedence 
over those specified in the FAA-approved Parts Manufacturer Approval 
(PMA) Elevator Spars 44211-RE9 and 44211-RE10, Instructions for 
Continued Airworthiness, original issue date May 5, 2011.
    James D. Richards obtained a PMA for CPAC, Inc. Models 112, 112B, 
112TC, 112TCA, 114, 114A, 114B, and 114TC airplanes elevator spars. The 
PMA Instructions for Continued Airworthiness have inspection intervals 
and procedures that are different from the intervals and procedures 
specified in the proposed AD (76 FR 64038, October 17, 2011).
    We agree with the commenter. We do not want to have two different 
inspection intervals and procedures for the same elevator spars. We 
revised this AD as requested and added information into paragraph (f) 
to clarify that the actions required in this AD take precedence over 
those contained in PMA Elevator Spars 44211-RE9 and 44211-RE10, 
Instructions for Continued Airworthiness, original issue date May 5, 
2011.

Request for Additional Information

    Fredrick E. Maupertuis requested that specific information be added 
to paragraph (l) Special Flight Permit of the final rule AD action 
about allowable crack criteria. Fredrick E. Maupertuis questioned 
whether the number of cracks, the length of the cracks, and/or the 
orientation of cracks found during an inspection will be a determining 
factor in obtaining a special flight permit.
    We agree with the commenter because the requested information was 
not included in the proposed AD (76 FR 64038, October 17, 2011). We 
revised this AD as requested by adding crack criteria and allowances 
into paragraph (l).

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 64038, October 17, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 64038, October 17, 2011).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

[[Page 6664]]

Interim Action

    We consider this AD interim action. We continue to evaluate the 
reported data and repair procedures to determine a possible terminating 
action. Based on this determination, we may initiate further rulemaking 
action if needed to address the unsafe condition identified in this AD.

Costs of Compliance

    We estimate that this AD affects 773 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection of the elevator spar...  8 work-hours x $85 per                N/A             $680         $525,640
                                     hour = $680.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any replacement that will be 
required based on the results of the inspection. We have no way of 
determining the number of aircraft that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                           Labor cost  per          Parts cost  per       Cost per  product per
                Action                      elevator spar            elevator  spar           elevator spar
----------------------------------------------------------------------------------------------------------------
Replace cracked elevator spar with a   Up to 16 work-hours x    May range from $100 to   May range from $1,460
 serviceable elevator spar.             $85 per hour = $1,360.   $1,000.                  to $2,360.
Replace cracked elevator spar with a   Up to 16 work-hours x    $1,250.................  $2,610.
 new elevator spar.                     $85 per hour = $1,360.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any repair/modification that 
will be required based on the results of the inspection. We have no way 
of determining the number of aircraft that might need this repair/
modification:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        airplane
----------------------------------------------------------------------------------------------------------------
Repair/modify cracked elevator spar..........  Up to 26 work-hours x $85 per          * $1,690           $3,900
                                                hour = $2,210.
----------------------------------------------------------------------------------------------------------------
* An STC is available to repair the elevator spars and the STC holder sells the repair kit in pairs only. Kits
  to repair only one side of the elevator are not available for sale. The parts cost in the table above is for a
  pair of repair kits. The STC holder currently charges $2,250 to install both repair kits.

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.
    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 
rulemaking action.

Regulatory Findings

    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.
    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 DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 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 removing airworthiness directive (AD) 
2011-07-13, Amendment 39-16650 (76 FR 18376, April 4, 2011), and adding 
the following new AD:

2012-02-10 CPAC, Inc. (Type Certificate Formerly Held by Commander 
Aircraft Corporation, Gulfstream Aerospace

[[Page 6665]]

Corporation, and Rockwell International): Amendment 39-16933; Docket 
No. FAA-2011-1128; Directorate Identifier 2011-CE-031-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 15, 2012.

(b) Affected ADs

    This AD supersedes AD 2011-07-13, Amendment 39-16650 (76 FR 
18376, April 4, 2011).

(c) Applicability

    This AD applies to CPAC, Inc. (type certificate formerly held by 
Commander Aircraft Corporation, Gulfstream Aerospace Corporation, 
and Rockwell International) Models 112, 112B, 112TC, 112TCA, 114, 
114A, 114B, and 114TC airplanes, all serial numbers, certificated in 
any category. Type Certificate No. A12SO does not include Models 
112A and 115. The Model 112A is a Rockwell ``marketing name'' for 
the Model 112. The Model 115 is a Rockwell ``marketing name'' for 
the Model 114. Since they are type-certificated as Model 112 and 
Model 114, this AD is applicable to the Models 112A and 115.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of a total of nine elevator spar 
cracks across seven of the affected airplanes, including a crack of 
2.35 inches just below the outboard hinge of the right-hand 
elevator. We are issuing this AD to prevent structural failure of 
the elevator spar due to such cracking, which could result in 
separation of the elevator from the airplane with consequent loss of 
control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done. The inspection intervals and procedures in this 
AD take precedence over those contained in Parts Manufacturer 
Approval (PMA) Elevator Spars 44211-RE9 and 44211-RE10, Instructions 
for Continued Airworthiness, original issue date May 5, 2011.

(g) Inspection Requirement Retained From AD 2011-07-13, Amendment 39-
16650 (76 FR 18376, April 4, 2011)

    Within the next 5 hours time-in-service (TIS) after April 4, 
2011 (the effective date retained from AD 2011-07-13 (76 FR 18376, 
April 4, 2011)), visually inspect the left-hand (LH) and right-hand 
(RH) elevator spar behind and around the outboard hinge bracket on 
the elevator spar for cracks. Do the inspection following the 
procedures specified in paragraph (j) of this AD. If cracks are 
found during this inspection, take the necessary corrective actions 
specified in paragraph (k) of this AD.

(h) Reporting Requirement Retained From AD 2011-07-13, Amendment 39-
16650 (76 FR 18376, April 4, 2011)

    Within 30 days after the inspection required in paragraph (g) of 
this AD, report the results of the inspection to the FAA, Wichita 
Aircraft Certification Office (ACO), Attn: T.N. Baktha, Senior 
Aerospace Engineer, 1801 Airport Road, Room 100; Wichita, Kansas 
67209; phone: (316) 946-4155; fax: (316) 946-4107; email: 
[email protected]. Include the following information:
    (1) Airplane model and serial number.
    (2) Hours TIS at time of inspection.
    (3) Annotate any cracking found, including the exact location 
and length of any cracks.
    (4) Any installations, repairs, modifications, etc. that have 
been done on your airplane in the elevator spar area or that could 
have affected the elevator spar.
    (5) Type of operation primarily flown.

(i) Repetitive Inspection Requirement

    As a result of the inspection required in paragraph (g) of this 
AD, if the elevator spar was:
    (1) Replaced with a new elevator spar, within the next 300 hours 
TIS after the replacement, visually inspect the elevator spar behind 
the outboard hinge bracket and surrounding area for cracks. 
Repetitively inspect thereafter at intervals not to exceed 12 months 
or 150 hours TIS, whichever occurs first. Do the inspection 
following the procedures specified in paragraph (j) of this AD.
    (2) Replaced with a serviceable elevator spar (one that was in 
service before and had no cracks and/or corrosion), within the next 
150 hours TIS after the replacement, visually inspect the elevator 
spar behind the outboard hinge bracket and surrounding area for 
cracks. Repetitively inspect thereafter at intervals not to exceed 
12 months or 150 hours TIS, whichever occurs first. Do the 
inspection following the procedures specified in paragraph (j) of 
this AD.
    (3) Found free of cracks, within the next 150 hours TIS after 
the inspection, visually inspect the elevator spar behind the 
outboard hinge bracket and surrounding area for cracks. Repetitively 
inspect thereafter at intervals not to exceed 12 months or 150 hours 
TIS, whichever occurs first. Do the inspection following the 
procedures specified in paragraph (j) of this AD.

(j) Inspection Procedures

    (1) Disconnect the elevator trim pushrod at the trim tab.
    (2) Remove the hinge bolts at the horizontal stabilizer points.
    (3) Remove six screws and two bolts at the inboard end of the 
elevator and remove the elevator.
    (4) Remove all fasteners common to the elevator outboard aft end 
rib, part number (P/N) 44330, and elevator skin, P/N 44323.
    (5) Remove the remaining two fasteners common to the elevator 
outboard aft end rib (P/N 44330) and the elevator spar, P/N 44211.
    (6) Remove the elevator aft end rib, P/N 44330, to gain access 
to the aft side of the elevator spar.
    (7) Remove the four bolts, washers, and nuts that secure the 
outboard elevator hinge bracket, P/N 44285.
    (8) Remove elevator hinge bracket, P/N 44285, from the elevator 
spar.
    (9) Clean in and around the location of the elevator outboard 
hinge bracket, outboard elevator hinge, and the outboard elevator 
hinge bracket (as applicable) on the elevator spar and visually 
inspect for cracks. Use a 10x magnifier to facilitate the detection 
of any crack.

(k) Corrective Actions

    (1) If cracks are found during any inspection required in 
paragraphs (g), (i)(1), (i)(2), or (i)(3) of this AD, before further 
flight, either replace the elevator spar with a new spar or a 
serviceable spar that is found free of cracks and/or corrosion or 
repair/modify the elevator spar following a procedure approved for 
this AD by the FAA, Wichita ACO;
    (2) After doing the actions required in paragraph (k)(1) of this 
AD, before further flight, reassemble the elevator assembly, 
rebalance the elevator, and reinstall on the airplane following 
standard repair practices. Ensure elevator rigging is within 
tolerance, and that the system operates with ease, smoothness, and 
positiveness appropriate to its function; and
    (3) After taking corrective action, continue with the repetitive 
inspections required in paragraphs (i)(1), (i)(2), and (i)(3) of 
this AD.

(l) Special Flight Permit

    (1) Special flight permits are permitted for daytime visual 
flight rules (VFR) only, restricted to crew, calm weather, reduced 
speed not to exceed 111 knots calibrated air speed (KCAS), and not 
to exceed 5 flight hours when cracks are found in the elevator spar 
if:
    (i) The cracks are at or near the outboard hinge bracket;
    (ii) The cracks are 1.25 inches long or less; and
    (iii) There is no more than one crack on the top and one at the 
bottom of the hinge bracket.
    (2) Special flight permits are not allowed if:
    (i) The crack length is greater than 1.25 inches; or
    (ii) The number of cracks is more than two.

(m) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the

[[Page 6666]]

burden should be directed to the FAA at: 800 Independence Ave. SW., 
Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(n) AMOCs

    (1) The Manager, Wichita 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 
ACO, send it to the attention of the person identified in the 
Related Information section 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.
    (3) AMOCs approved for AD 2011-07-13, Amendment 39-16650 (76 FR 
18376, April 4, 2011), are approved for this AD.

(o) Related Information

    For more information about this AD, contact T.N. Baktha, Senior 
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100, 
Wichita, Kansas 67209; phone: (316) 946-4155; fax: (316) 946-4107; 
email: [email protected].

    Issued in Kansas City, Missouri, on January 25, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-1998 Filed 2-8-12; 8:45 am]
BILLING CODE 4910-13-P