Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 12179 

availability of this material at the FAA, call 

425–227–1221. 

(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 an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on January 

26, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–4437 Filed 2–28–12; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: 

technicalsupport@mooney.com; 

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: 

andrew.mcanaul@faa.gov. 

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 uncommanded 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. 


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12180 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 

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: 


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Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 12181 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on 

U.S. 

operators 

Inspection of the trim fitting, hinge, and filler plate of the tail 

pitch trim assembly, and security of the Huck Bolt fasteners, 

and reporting the inspection results.

1 work-hour × $85 per hour = 

$85.

Not applicable ... $85 $14,450 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 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: 

technicalsupport@mooney.com; 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: andrew.mcanaul@faa.gov. 

(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 


tkelley on DSK3SPTVN1PROD with RULES
12182 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 

1The Commission voted 4–0 to approve 

publication of this final rule. 

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: andrew.

mcanaul@faa.gov. 

(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: technicalsupport@mooney.com; 

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 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1224 

[CPSC Docket No. CPSC–2011–0019] 

Safety Standard for Portable Bed Rails: 

Final Rule 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: Section 104(b) of the 

Consumer Product Safety Improvement 

Act of 2008 (‘‘CPSIA’’) requires the U.S. 

Consumer Product Safety Commission 

(‘‘CPSC,’’ ‘‘Commission,’’ or ‘‘we’’) to 

promulgate consumer product safety 

standards for durable infant or toddler 

products. These standards are to be 

‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standard if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. In this rule, the 

Commission is issuing a safety standard 

for portable bed rails in response to the 

CPSIA.1

DATES: The rule will become effective 

August 29, 2012 and apply to product 

manufactured or imported on or after 

that date. The incorporation by 

reference of the publication listed in 

this rule is approved by the Director of 

the Federal Register as of August 29, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Rohit Khanna, Project Manager, Office 

of Hazard Identification and Reduction, 

U.S. Consumer Product Safety 

Commission, 5 Research Place, 

Rockville, MD 20850; telephone (301) 

987–2508 ; rkhanna@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background: Section 104(b) of the 

Consumer Product Safety Improvement 

Act 

The Consumer Product Safety 

Improvement Act of 2008, Public Law 

110–314 (‘‘CPSIA’’) was enacted on 

August 14, 2008. Section 104(b) of the 

CPSIA requires the Commission to 

promulgate consumer product safety 

standards for durable infant or toddler 

products. These standards are to be 

‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standard if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. The term ‘‘durable infant or 

toddler product’’ is defined in section 

104(f) of the CPSIA as a durable product 

intended for use, or that may be 

reasonably expected to be used, by 

children under the age of 5 years. 

Portable bed rails (also referred to as 

‘‘bed rail’’ or ‘‘bedrail’’) are one of the 

products identified by the Commission 

under section 104(f) of the CPSIA as 

durable infant or toddler products. On 

December 29, 2009, the Commission 

issued requirements for consumer 

registration of durable infant or toddler 

products and a bed rail was identified 

as a durable infant or toddler products 

that needed to comply with the 

registration card requirements. 76 FR 

68668. 

In the Federal Register of April 11, 

2011 (76 FR 19914), we published a 

proposed rule that would incorporate by 

reference ASTM F2085–10a, ‘‘Standard 

Consumer Safety Specification for 

Portable Bed Rails’’ but with several 

modifications that strengthen the 

standard. In response to the proposed 

rule and based on comments to the 

proposed rule, the ASTM Subcommittee 

on Portable Bed Rails, in collaboration 

with CPSC staff, developed a newer 

edition of the standard, ASTM F2085– 

12, ‘‘Standard Consumer Safety 

Specification for Portable Bed Rails,’’ 

which incorporates many of the 

proposed modifications in the proposed 

rule, with a few clarifications and 

modifications that strengthen the 

standard. ASTM F2085–12 contains 

more stringent requirements than its 

predecessor, ASTM F2085–10a, and 

would further reduce the risk of injury 

associated with portable bed rails. In 

this document, we are issuing a safety 

standard for portable bed rails, which 

incorporates by reference, the new 

voluntary safety standard developed by 

ASTM International (formerly known as 

the American Society for Testing and 

Materials), ASTM F2085–12, ‘‘Standard 

Consumer Safety Specification for 

Portable Bed Rails.’’ We summarize the 

proposed rule and discuss the final rule 

(including differences between the 

proposal and the final rule) in section F 

of this preamble. The information 

discussed in this preamble comes from 

CPSC staff’s briefing package for the 

portable bed rails final rule, which is 


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