[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Proposed Rules]
[Pages 20894-20898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9091]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0360; Directorate Identifier 2010-CE-061-AD]
RIN 2120-AA64


Airworthiness Directives; Univair Aircraft Corporation Models 
(ERCO) 415-C, 415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2 
and A2-A; and (Mooney) M10 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to Univair Aircraft Corporation Models (ERCO) 415-C, 
415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2 and A2-A; and 
(Mooney) M10 Airplanes. The existing AD currently requires an 
inspection of the aileron balance assembly and ailerons for cracks and 
excessive looseness of associated parts with the required repair or 
replacement of defective parts as necessary. Since we issued that AD, 
we received a report of a Univair Aircraft Corporation Model ERCO 415-D 
Ercoupe that crashed after an in-flight breakup due to possible aileron 
flutter. This proposed AD would add airplanes to the Applicability 
section and require inspections of the ailerons, inspections of the 
aileron balance assembly and aileron rigging for looseness or wear with 
a required repair or replacement of parts as necessary, and a reporting 
of the inspection results. We are issuing this proposed AD to prevent 
failure of the aileron assembly and associated parts, which could 
result in loss of control.

DATES: We must receive comments on this proposed AD by May 31, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 Univair 
Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011; 
telephone: 303-375-8882, fax: 303 375-8888; Internet: http://univairparts.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 Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket 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: Roger Caldwell, Aerospace Engineer, 
FAA, Denver Aircraft Certification Office, 26805 East 68th Ave., Room 
214, Denver, Colorado 80249-6361; telephone: (303) 342-1086; fax: (303) 
342-1088; e-mail: <a href="/cdn-cgi/l/email-protection#c0b2afa7a5b2eea3a1aca4b7a5acac80a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="90e2fff7f5e2bef3f1fcf4e7f5fcfcd0f6f1f1bef7ffe6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0360; 
Directorate Identifier 2010-CE-061-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    We issued AD 52-02-02 (21 FR 9447, December 4, 1956) for Ercoupe 
Model 415 Series and Models E and G Airplanes. That AD requires an 
initial and repetitive inspection of the aileron balance assembly, 
including the aileron hinges, screws and control system, the ailerons 
for cracks in support structure and skin, and the repair or replacement 
of damaged parts. That AD resulted from several Ercoupe accidents. We 
issued that AD as a precautionary measure.

Actions Since Existing AD Was Issued

    Since we issued AD 52-02-02, we received a report of a Univair 
Aircraft Corporation Model ERCO 415-D Ercoupe that crashed after an in-
flight breakup. Witnesses of the accident noted that while the airplane 
was banking both ailerons were ``fluttering'' at a high frequency, and 
as the bank angle of the airplane increased to almost 90 degrees, the 
left wing of the airplane ``folded back'' and separated from the 
fuselage. We have received nine other documented cases of structural 
failures of the wing and associated components of the airframe.
    There are several Univair airplane models that have similar type 
design to that of above-referenced incidents, are not part of the 
compliance of AD 52-02-02, and should be subjected to the requirements 
of AD 52-02-02.

Relevant Service Information

    We reviewed Ercoupe Service Memorandum Nos. 35, 56, and 57 (all not 
dated). The Ercoupe Service Memorandum No. 35 describes procedures for 
use in rigging or making adjustments to the rigging. The Ercoupe 
Service Memorandum No. 56 describes procedures for the inspection of 
control surfaces for cracks and excessive play and checking controls 
for excessive movement. The Ercoupe Service Memorandum No. 57 describes 
procedures for aileron balance weight inspection and removal.

FAA's Determination

    We are proposing 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.

Proposed AD Requirements

    This proposed AD would add airplanes to the Applicability section 
of AD 52-02-02 and require inspections of the ailerons, add airplanes 
to the Applicability section, add repetitive inspections of the aileron 
bell crank and

[[Page 20895]]

the ailerons for looseness or wear with a repair or replacement of 
parts as necessary, and add the requirement to report the inspection 
results.

Costs of Compliance

    We estimate that this proposed AD affects 2,600 airplanes of U.S. 
registry. We estimate the following costs to comply with the proposed 
AD:

----------------------------------------------------------------------------------------------------------------
                                                                               Total cost per     Total cost on
                 Labor cost                             Parts cost                airplane       U.S. operators
----------------------------------------------------------------------------------------------------------------
                                            Estimated Retained Costs
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340..........  Not applicable................              $340          $884,000
----------------------------------------------------------------------------------------------------------------
                                               Estimated New Costs
----------------------------------------------------------------------------------------------------------------
.5 work-hour x $85 per hour = $42.50........  Not applicable................             42.50           110,500
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
for the flight control system that would be required based on the 
results of the proposed inspection. We have no way of determining the 
number of airplanes that may need this replacement:

                           On-Condition Costs
------------------------------------------------------------------------
                                                         Total cost per
          Labor cost                  Parts cost            airplane
------------------------------------------------------------------------
2 work-hours x $85 per hour =   Aileron Hinge Part                  $195
 $170.                           Number (P/N) 415-
                                 24003 $25
2 work-hours x $85 per hour =   Elevator Hinge P/N 415-              210
 $170.                           22007 $40.
2 work-hours x $85 per hour =   Elevator Hinge P/N 415-              253
 $170.                           22008 $83.
2 work-hours x $85 per hour =   Rudder Hinge P/N 415-                195
 $170.                           24003 $25.
2 work-hours x $85 per hour =   Aileron Rod-End                      190
 $170.                           Bearing P/N GMM-3M-
                                 670 $20.
------------------------------------------------------------------------

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (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),
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

    The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
52-02-02, (21 FR 9447, December 4, 1956), and adding the following new 
AD:

Univair Aircraft Corporation: Docket No. FAA-2011-0360; Directorate 
Identifier 2010-CE-061-AD.

Comments Due Date

    (a) The FAA must receive comments on this proposed AD action by 
May 31, 2011.

Affected ADs

    (b) This AD supersedes AD 52-02-02 (21 FR 9447, December 4, 
1956).

Applicability

    (c) This AD applies to Univair Aircraft Corporation Models 
(ERCO) 415-C, 415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2 
and A2-A; and (Mooney) M10 airplanes, all serial numbers, that are 
certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 27, Flight Controls.

Unsafe Condition

    (e) This AD was prompted by a Univair Aircraft Corporation Model 
ERCO 415-D Ercoupe that crashed after an in-flight breakup due to 
possible aileron flutter. We are issuing this AD to add airplanes to 
the Applicability section and require inspections of the ailerons, 
inspections of the aileron balance assembly and aileron rigging for 
looseness or wear with a required repair or replacement of parts as 
necessary, and a reporting of the inspection results.

Compliance

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

[[Page 20896]]



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               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) For all airplanes: Inspect the    (i) Within the next 25 hours time-in- Follow Ercoupe Service Memorandums
 ailerons for cracks in the support    service (TIS) after the effective     No. 56 and 57 (both not dated).
 structure and skin.                   date of this AD or within 3 months
                                       after the effective date of this
                                       AD, whichever occurs first.
                                       Repetitively thereafter inspect at
                                       intervals not to exceed 100 hours
                                       TIS or 12 months, whichever occurs
                                       first.
                                      (ii) We will allow ``unless already
                                       done'' credit for inspections done
                                       within the last 25 hours TIS before
                                       the effective date of this AD or
                                       within the last 3 months before the
                                       effective date of this AD, and you
                                       may use the results from that
                                       inspection for the reporting
                                       requirement in paragraph (f)(10) of
                                       this AD.
(2) For airplanes with the aileron    (i) Within the next 25 hours TIS      Follow Ercoupe Service Memorandums
 balance assembly (ERCO Part Number    after the effective date of this AD   No. 56 and 57 (both not dated).
 (P/N) 415-16009) installed: Inspect   or within 3 months after the
 the assembly for cracks in the        effective date of this AD,
 support structure and skin.           whichever occurs first.
                                       Repetitively thereafter inspect at
                                       intervals not to exceed 100 hours
                                       TIS or 12 months, whichever occurs
                                       first.
                                      (ii) We will allow ``unless already
                                       done'' credit for inspections done
                                       within the last 25 hours TIS before
                                       the effective date of this AD or
                                       within the last 3 months before the
                                       effective date of this AD, and you
                                       may use the results from that
                                       inspection for the reporting
                                       requirement in paragraph (f)(10) of
                                       this AD.
(3) If any cracking is found during   Before further flight after the       Follow Ercoupe Service Memorandums
 the inspections required in           inspection where the cracking was     No. 56 and 57 (both not dated).
 paragraphs (f)(1) and/or (f)(2) of    found.
 this AD, repair or replace cracked
 parts.
(4) For airplanes with the aileron    (i) Within the next 25 hours TIS      Follow Ercoupe Service Memorandums
 balance assembly (ERCO P/N 415-       after the effective date of this AD   No. 56 and 57 (both not dated).
 16009) installed: Inspect the four    or within 3 months after the
 No. 6-32 screws that attach the       effective date of this AD,
 balance weight support to the         whichever occurs first.
 aileron for looseness and damage.     Repetitively thereafter inspect at
                                       intervals not to exceed 100 hours
                                       TIS or 12 months, whichever occurs
                                       first.
                                      (ii) We will allow ``unless already
                                       done'' credit for inspections done
                                       within the last 25 hours TIS before
                                       the effective date of this AD or
                                       within the last 3 months before the
                                       effective date of this AD, and you
                                       may use the results from that
                                       inspection for the reporting
                                       requirement in paragraph (f)(10) of
                                       this AD.
(5) If any looseness or damage is     Before further flight after the       Follow Ercoupe Service Memorandums
 found during the inspection of the    inspection where the looseness or     No. 56 and 57 (both not dated).
 screws required in paragraph (f)(4)   damage was found.
 of this AD, replace the screws with
 AN 526-632 screws, making sure to
 not overstress during tightening.
(6) For airplanes with the aileron    (i) Within the next 25 hours TIS      Follow Ercoupe Service Memorandums
 balance assembly (ERCO P/N 415-       after the effective date of this AD   No. 56 and 57 (both not dated).
 16009) installed: Inspect the         or within 3 months after the
 aileron hinges and aileron control    effective date of this AD,
 system for excessive looseness or     whichever occurs first.
 wear in hinge pins or bearings. If,   Repetitively thereafter inspect at
 with one aileron blocked in the       intervals not to exceed 100 hours
 neutral position, the total play of   TIS or 12 months, whichever occurs
 the other aileron, measured at the    first.
 trailing edge, exceeds \7/16\ inch,  (ii) We will allow ``unless already
 inspect all the joints and bearings   done'' credit for inspections done
 and tighten or replace those which    within the last 25 hours TIS after
 are loose.                            the effective date of this AD or
                                       within the last 3 months before the
                                       effective date of this AD, and you
                                       may use the results from that
                                       inspection for the reporting
                                       requirement in paragraph (f)(10) of
                                       this AD.

[[Page 20897]]

 
(7) For airplanes that have never     Within the next 25 hours TIS after    Follow Ercoupe Service Memorandums
 had the aileron balance assembly      the effective date of this AD or      No. 56 and 57 (both not dated).
 (ERCO P/N 415-16009) installed or     within 3 months after the effective
 from which it has been removed        date of this AD, whichever occurs
 following Ercoupe Service             first.
 Memorandum No. 57: Inspect the
 aileron hinges and aileron control
 system for excessive looseness or
 wear in hinge pins or bearings. If,
 with one aileron blocked in the
 neutral position the total play of
 the other aileron, measured at the
 trailing edge, exceeds \5/16\ inch,
 inspect all the joints and bearings
 and tighten those which are loose.
(8) For all airplanes: Determine      Within the next 25 hours TIS after    Follow FAA Advisory Circular (AC) 23-
 that the air speed instrument is      the effective date of this AD or      8B, Appendix 9, Airspeed
 correctly calibrated and distinctly   within 3 months after the effective   Calibrations, dated August 14,
 marked in accordance with the         date of this AD, whichever occurs     2003, or any other FAA-approved
 operating limitations.                first.                                airspeed calibration method. AC 23-
                                                                             8B can be found at http://rgl.faa.gov/.
(9) For all airplanes: Remove load    Within the next 25 hours TIS after    Follow Ercoupe Service Memorandum
 from nose wheel and adjust rigging.   the effective date of this AD or      No. 35 (not dated).
                                       within 3 months after the effective
                                       date of this AD, whichever occurs
                                       first. Repetitively thereafter
                                       inspect at intervals not to exceed
                                       100 hours TIS or 12 months,
                                       whichever occurs first.
(10) For all airplanes: Report the    Within 3 days after the initial       Use the reporting form found in
 results from the inspections and/or   inspections and/or actions required   figure 1 and send the report to the
 actions required in paragraphs        in paragraphs (f)(1), (f)(2),         following offices:
 (f)(1), (f)(2), (f)(4), (f)(6),       (f)(4), (f)(6), (f)(7), (f)(8), and  (i) Roger A. Caldwell, Aerospace
 (f)(7), (f)(8), and (f)(9) of this    (f)(9) of this AD or within 3 days    Engineer, FAA, ANM-100D, Denver
 AD.                                   after the next repetitive             Aircraft Certification Office
                                       inspection and/or action required     (ACO), 26805 East 68th Avenue, Room
                                       in paragraphs (f)(1), (f)(2),         214, Denver, Colorado 80249-6361;
                                       (f)(4), (f)(6), and (f)(9),           and
                                       whichever occurs first.              (ii) Univair Aircraft Corporation,
                                                                             2500 Himalaya Road, Aurora,
                                                                             Colorado 80011.
----------------------------------------------------------------------------------------------------------------


               Docket No. FAA-2011-0360 Inspection Report
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Airplane model and year of
 manufacture
------------------------------------------------------------------------
Airplane serial number
------------------------------------------------------------------------
Airplane registration
------------------------------------------------------------------------
Airplane tachometer hours at time
 of inspection
------------------------------------------------------------------------
Airspeed calibrated and marked per  YES, but no        YES, and
 paragraph (f)(8) of this AD?        calibration        calibration was
                                     adjustment         adjusted.
                                     required.
------------------------------------------------------------------------


 
 
------------------------------------------------------------------------
                  For Ercoupe Service Memorandum No. 56
------------------------------------------------------------------------
Did aileron system play exceed \7/  NO        YES, and was adjusted.
 16\ of an inch?
------------------------------------------------------------------------
Was rudder looseness greater than   NO        YES, and was adjusted.
 \1/4\ of an inch at the trailing
 edge?
------------------------------------------------------------------------
Was there elevator motion greater   NO        YES, and was adjusted.
 than \3/8\ of an inch?
------------------------------------------------------------------------
Were any other discrepancies
 noticed during this inspection,
 to include cracks or loose
 hinges?
------------------------------------------------------------------------
                  For Ercoupe Service Memorandum No. 57
------------------------------------------------------------------------
Does the airplane have aileron      NO        YES
 balance weights?
------------------------------------------------------------------------
If balance weights are installed,   NO        YES       Not applicable.
 were the attachments secure?
------------------------------------------------------------------------
Did you remove the balance weights  NO        YES       Not applicable.
 if allowed?
------------------------------------------------------------------------
If you did not remove balance       NO        YES       Not applicable.
 weights, did you perform Ercoupe
 Service Memorandum No. 20
 (Ailerons-Reinforcement of)
------------------------------------------------------------------------
If balance weights were removed,    NO        YES       Not applicable.
 was the aileron free play \5/16\
 of an inch or less?
------------------------------------------------------------------------

[[Page 20898]]

 
Were any other discrepancies
 noticed during this inspection?
------------------------------------------------------------------------
                  For Ercoupe Service Memorandum No. 35
------------------------------------------------------------------------
Did you perform steps 1, 2, and 7   NO        YES
 of the Ercoupe Service Memorandum
 No. 35?
------------------------------------------------------------------------
Were any other discrepancies
 noticed during this inspection?
------------------------------------------------------------------------
  Send report to: Roger A. Caldwell, Aerospace Engineer, FAA, ANM-100D,
                               Denver ACO,
     26805 East 68th Avenue, Room 214, Denver, Colorado 80249-6361;
        fax: (303) 342-1088; E-mail: <a href="/cdn-cgi/l/email-protection#3f4d50585a4d115c5e535b485a53537f595e5e11585049"><span class="__cf_email__" data-cfemail="d9abb6bebcabf7bab8b5bdaebcb5b599bfb8b8f7beb6af">[email protected]</span></a>; and
Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011
 
                                Figure 1
------------------------------------------------------------------------

Paperwork Reduction Act Burden Statement

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

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Denver 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 Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.
    (3) AMOCs approved for AD 52-02-02 are approved as AMOCs for 
this AD.

Related Information

    (i) For more information about this AD, contact Roger Caldwell, 
Aerospace Engineer, FAA, Denver ACO, 26805 East 68th Ave., Room 214, 
Denver, Colorado 80249-6361; telephone: (303) 342-1086; fax: (303) 
342-1088; e-mail: <a href="/cdn-cgi/l/email-protection#f5879a929087db9694999182909999b5939494db929a83"><span class="__cf_email__" data-cfemail="61130e0604134f02000d0516040d0d210700004f060e17">[email protected]</span></a>.
    (j) For service information identified in this AD, contact 
Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 
80011; telephone: (303) 375-8882, facsimile: (303) 375-8888; 
Internet: http://univairparts.com. You may review copies of the 
referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust St., Kansas City, MO 64106. For information 
on the availability of this material at the FAA, call (816) 329-
4148.

    Issued in Kansas City, Missouri, on April 7, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2011-9091 Filed 4-13-11; 8:45 am]
BILLING CODE 4910-13-P


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