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[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18376-18378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7729]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0302; Directorate Identifier 2011-CE-008-AD; 
Amendment 39-16650; AD 2011-07-13]
RIN 2120-AA64

Airworthiness Directives; 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

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 the 
products listed above. This AD requires an inspection of the elevator 
spar for cracks and, if any crack is found, either replacement with a 
serviceable elevator spar that is found free of cracks or repair/
modification with an FAA-approved method. This AD also requires 
reporting to the FAA the results of the inspection. 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.

DATES: This AD is effective April 4, 2011.
    We must receive comments on this AD by May 19, 2011.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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 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:  T.N. Baktha, Senior Aerospace 
Engineer, Wichita Aircraft Certification Office (ACO), FAA, 1801 
Airport Road, Room 100; phone: (316) 946-4155; fax: (316) 946-4107; e-
mail: t.n.baktha@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA has received a report from CPAC, Inc. describing a crack of 
2.35 inches just below the outboard hinge of the right-hand elevator on 
a CPAC, Inc. Model 114 airplane. The Models 112, 112B, 112TC, 112TCA, 
114, 114A, 114B, and 114TC have the same design of the elevator spar 
and are all part of Type Certificate A12SO. There have been a total of 
nine elevator spar cracks across seven of these airplanes.
    Type Certificate 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.
    If not corrected, structural failure of the elevator spar could 
result in separation of the elevator from the airplane with consequent 
loss of control.

Relevant Service Information

    We have included in this AD procedures for removing the elevator 
and inspecting the forward and aft sides of the right-hand and left-
hand elevator forward spar web near and around the outboard hinge area.

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 an inspection of the elevator spar for cracks and, 
if any crack is found, replacement of the elevator spar with a 
serviceable spar that is found free of cracks or repair/modification 
with an FAA-approved method. This AD also requires reporting to the FAA 
of the results of the inspection.

Interim Action

    We consider this AD interim action. We are requiring a one-time 
inspection of the elevator spar with a report to the FAA of the 
results. We will work with the type certificate holder to evaluate that 
information to determine repetitive inspection intervals and subsequent 
terminating action. Based on this evaluation, we may initiate further 
rulemaking action to address the unsafe condition identified in this 
AD.

FAA's Justification and 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 
structural failure of the elevator spar would result in potential 
separation of the elevator with consequent 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-2011-0302 and 
Directorate Identifier 2011-CE-008-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.

[[Page 18377]]

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.
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    Currently, there is no FAA-approved repair/modification for a 
cracked elevator spar. Further flight is prohibited until an FAA-
approved repair/modification is submitted to the FAA and FAA-approved. 
A cracked elevator spar could be replaced with a serviceable one if one 
is available. The FAA does not have availability and cost information 
on serviceable elevator spars. Therefore, at this time, the FAA has no 
way of determining any on-condition costs associated with cracks found 
in the elevator spar.

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, 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):

2011-07-13 CPAC, Inc. (Type Certificate Formerly Held by Commander 
Aircraft Corporation, Gulfstream Aerospace Corporation, and Rockwell 
International): Amendment 39-16650; Docket No. FAA-2011-0302; 
Directorate Identifier 2011-CE-008-AD.

Effective Date

    (a) This AD is effective April 4, 2011.

Affected ADs

    (b) None.

Applicability

    (c) 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.

Subject

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

Unsafe Condition

    (e) 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.

Compliance

    (f) Comply with this AD within the compliance times specified.

Inspection/Repair

    (g) Within the next 5 hours time-in-service after the effective 
date of this AD, do the following for the left-hand and right-hand 
elevators:
    (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, P/N 44285.
    (8) Remove elevator hinge, P/N 44285, from the elevator spar.
    (9) Clean in and around the location of the outboard bracket on 
the elevator spar and visually inspect for cracks. Use a 10X 
magnifier to facilitate the detection of any crack.
    (10) If cracks are found, before further flight, do the 
following:
    (i) Either replace the elevator spar with a serviceable spar 
that is found free of cracks or repair/modify the elevator spar 
following a procedure approved for this AD by the FAA, Wichita 
Aircraft Certification Office (ACO); and
    (ii) Reassemble the elevator assembly, rebalance the elevator, 
and reinstall on the

[[Page 18378]]

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.

    Note: Elevator rigging and rebalancing, torque values, and other 
general maintenance information can be found in the maintenance 
manual.

Reporting Requirement

    (h) Report the results of the inspection to the FAA, Wichita 
ACO, FAA, Attn: T.N. Baktha, Senior Aerospace Engineer, 1801 Airport 
Road, Room 100; phone: (316) 946-4155; fax: (316) 946-4107; e-mail: 
t.n.baktha@faa.gov. Include the following information:
    (1) Airplane model and serial number.
    (2) Hours time-in-service 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 in.

Paperwork Reduction Act Burden Statement

    (i) 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)

    (j)(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.

Related Information

    (k) For more information about this AD, contact T.N. Baktha, 
Senior Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 
100; phone: (316) 946-4186; fax: (316) 946-4107; e-mail: 
t.n.baktha@faa.gov.

    Issued in Kansas City, Missouri, on March 28, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-7729 Filed 4-1-11; 8:45 am]
BILLING CODE 4910-13-P
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