[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12179-12182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4176]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0182; Directorate Identifier 2012-CE-005-AD; 
Amendment 39-16958; AD 2012-03-52]
RIN 2120-AA64


Airworthiness Directives; Mooney Aviation Company, Inc. (Mooney) 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Mooney Aviation Company, Inc. (Mooney) Models M20R and M20TN airplanes. 
This emergency AD was sent previously to all known U.S. owners and 
operators of these airplanes. This AD requires inspecting the tail 
pitch trim assembly for correct positioning and proper attachment and 
inspecting the Huck Bolt fasteners for proper security with repair as 
necessary. The AD also requires sending the inspection results to the 
FAA and Mooney. This AD was prompted by a report of an incident on a 
Mooney Model M20TN airplane regarding failure of the tail pitch trim 
assembly, which could result in loss of control. We are issuing this AD 
to correct the unsafe condition on these products.

DATES: This AD is effective February 29, 2012 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2012-03-52, issued on February 10, 2012, which contained the 
requirements of this amendment.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication identified in the AD as of February 
29, 2012.
    We must receive comments on this AD by April 16, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Mooney 
Aviation Company, Inc., 165 Al Mooney Road North, Kerrville, Texas 
78028; telephone: (830) 896-6000; email: [email protected]; 
Internet: www.mooney.com. You may review copies of the referenced 
service information at the FAA, Small Airplane Directorate, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations Office 
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 street address for 
the Docket Operations Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer, 
ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio, 
Texas 78216; telephone: (210) 308-3365; facsimile: (210) 308-3370; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On February 10, 2012, we issued Emergency AD 2012-03-52, which 
requires inspecting the trim fitting, hinge, and filler plate of the 
tail pitch trim assembly for correct positioning and proper attachment 
and inspecting the Huck Bolt fasteners for proper security on certain 
Mooney Aviation Company, Inc. (Mooney) Models M20R and M20TN airplanes. 
If incorrect positioning or improper/loose attachment is found, the 
owner/operator must contact Mooney for FAA-approved repair 
instructions. The AD also requires sending the inspection results to 
the FAA and Mooney. This emergency AD was sent previously to all known 
U.S. owners and operators of these airplanes.
    This AD action was prompted by a report of an incident on a Mooney 
Model M20TN airplane regarding the tail pitch trim assembly. In this 
report, the affected airplane experienced an un-commanded significant 
pitch up attitude within seconds after takeoff and during the climb. 
The pilot then pushed the yoke forward and the aircraft still 
maintained a nose-up attitude.
    The pilot stated that the ``forces acting on the control column 
were so large that single pilot wasn't able to handle that for more 
than just a few minutes.'' The pilot and copilot had to use their knees 
to hold forward pressure on the flight controls to aid in preventing a 
departure from controlled flight. They had to maintain between 80 to 
100 percent power to keep the aircraft at about 90 knots indicated 
airspeed to prevent the airplane from stalling. The only way they were 
able to descend was to introduce a series of turns.
    On Mooney Models M20TN and M20R airplanes, the pitch trim is 
adjusted by rotating the entire tail assembly. The actuating arm pushes 
on a hinge fixed to the empennage forward bulkhead. The hinge attaches 
to the bulkhead using 10 Huck Bolt fasteners with swaged collars.
    This aircraft was immediately inspected, and all 10 swaged collars 
that hold the tail trim assembly together had become unattached.
    Mooney inspected several other aircraft and found that on one 
airplane the filler plate was incorrectly installed. The filler plate 
was not correctly installed between the aft side of the hinge and the 
bulkhead. Instead, the filler plate was located on the forward side of 
the hinge between the hinge and trim fitting. It was then noted the 
incident aircraft had the same issue, as shown in the upper circle of 
figure 1.
    Because the hinge has a lip on the bottom, on the side toward the 
bulkhead (as shown in the bottom circle of figure 1), if the filler 
plate is not installed correctly, the hinge will not fit flush against 
the bulkhead, the Huck Bolt fasteners will not fit perpendicular to the 
bulkhead, and the collars will not swage properly. The condition also 
causes excessive tension pre-load on the Huck Bolts.

[[Page 12180]]

[GRAPHIC] [TIFF OMITTED] TR29FE12.000

    The incident aircraft was manufactured in 2008. Mooney has 
determined the incorrect installation was a manufacturing quality 
escape during production.
    We are issuing this AD to detect incorrect positioning and improper 
attachment of the trim fitting, hinge, and filler plate of the tail 
pitch trim assembly and to verify security of the attaching Huck Bolt 
fasteners, which could lead to failure of the tail pitch trim assembly 
with consequent loss of pitch control.

Relevant Service Information

    We reviewed Mooney Aviation Company, Inc. Service Bulletin No. M20-
313, dated February 7, 2012. The service information describes 
procedures for inspecting the trim fitting, hinge, filler plate, and 
attaching fasteners of the tail pitch trim assembly.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires inspecting the trim fitting, hinge, and filler 
plate of the tail pitch trim assembly for correct positioning and 
proper attachment, and inspecting the Huck Bolt fasteners for proper 
security. If incorrect positioning or improper/loose attachment is 
found, the owner/operator must contact Mooney for FAA-approved repair 
instructions. The AD also requires sending the inspection results to 
the FAA and Mooney.

Interim Action

    We consider this AD interim action. Mooney and the FAA will analyze 
the results of the inspection required by this AD. We may take further 
rulemaking action in the future.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
failure of the tail pitch trim assembly could result in loss of 
control. Therefore, we find that notice and opportunity for prior 
public comment are impracticable and that good cause exists for making 
this amendment effective in less than 30 days.

Comments Invited

    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 send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2012-0182 and 
Directorate Identifier 2012-CE-005-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 170 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 12181]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                        Cost per    Cost on U.S.
              Action                      Labor cost               Parts cost            product      operators
----------------------------------------------------------------------------------------------------------------
Inspection of the trim fitting,     1 work-hour x $85 per  Not applicable...........          $85       $14,450
 hinge, and filler plate of the      hour = $85.
 tail pitch trim assembly, and
 security of the Huck Bolt
 fasteners, and reporting the
 inspection results.
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    We have no way of determining the cost of repair/replacement at 
this time. We have no way of determining the number of aircraft that 
might need repair or replacement.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

    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 adding the following new airworthiness 
directive (AD):

2012-03-52 Mooney Aviation Company, Inc. (Mooney): Amendment 39-
16958; Docket No. FAA-2012-0182; Directorate Identifier 2012-CE-005-
AD.

(a) Effective Date

    This AD is effective February 29, 2012 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2012-03-52, issued on February 10, 2012, which contained the 
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Mooney Aviation Company, Inc. 
airplanes, certificated in any category:

------------------------------------------------------------------------
                  Models                             Serial Nos.
------------------------------------------------------------------------
(1) M20R..................................  29-0465 through 29-0519.
(2) M20TN.................................  31-0003 through 31-0127.
------------------------------------------------------------------------

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of an incident on a Mooney 
Model M20TN airplane regarding failure of the tail pitch trim 
assembly. We are issuing this AD to detect incorrect positioning and 
improper attachment of the trim fitting, hinge, and filler plate of 
the tail pitch trim assembly; and detect improper security of the 
Huck Bolt fasteners to prevent failure of the tail pitch trim 
assembly, which could result in loss of control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Before further flight after receipt of this AD, inspect the trim 
fitting, hinge, and filler plate of the tail pitch trim assembly for 
correct positioning and proper attachment; and also inspect that the 
Huck Bolt fasteners are properly secured following Mooney Aviation 
Company, Inc. Service Bulletin No. M20-313, dated February 7, 2012.

(h) Corrective Action

    If during the inspection required in paragraph (g) of this AD 
you find incorrect positioning or improper attachment of the trim 
fitting, hinge, and filler plate of the tail pitch trim assembly; 
and/or you find loose or improperly installed Huck Bolt fasteners, 
before further flight, contact Mooney for FAA-approved repair 
instructions and perform the repair. Use the contact information 
found in paragraph (n)(2) of this AD.

(i) Reporting Requirement

    Within 24 hours after the inspection required in paragraph (g) 
of this AD, send the inspection results to Mooney and to the FAA 
using the following contact information. Use the form on page 4 of 
Mooney Aviation Company, Inc. Service Bulletin No. M20-313, dated 
February 7, 2012, to comply with this AD action:
    (1) Mooney Aviation Company, Inc., 165 Al Mooney Road North, 
Kerrville, Texas 78028; telephone: (830) 896-6000; email: 
[email protected]; Internet: www.mooney.com; and
    (2) Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43), 
10100 Reunion Place, Suite 650, San Antonio, Texas 78216; telephone: 
(210) 308-3365; facsimile: (210) 308-3370; email: 
[email protected].

(j) Special Flight Permit

    Special flight permits are prohibited for this AD.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to

[[Page 12182]]

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

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Fort Worth 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.

(m) Related Information

    For more information about this AD, contact Andrew McAnaul, 
Aerospace Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place, 
Suite 650, San Antonio, Texas 78216; telephone: (210) 308-3365; 
facsimile: (210) 308-3370; email: [email protected].

(n) Material Incorporated by Reference

    (1) You must use Mooney Aviation Company, Inc. Service Bulletin 
No. M20-313, dated February 7, 2012, to do the actions required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference (IBR) under 
5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Mooney Aviation Company, Inc., 165 Al Mooney Road North, Kerrville, 
Texas 78028; telephone: (830) 896-6000; email: 
[email protected]; Internet: www.mooney.com.
    (3) You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material 
at the FAA, call (816) 329-4148.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/cfr/ibr_locations.html.

    Issued in Kansas City, Missouri, on February 16, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-4176 Filed 2-28-12; 8:45 am]
BILLING CODE 4910-13-P