[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
----------------------------------------------------------------------------------------------------------------


    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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