Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 14681 

paragraph (g)(1) of this AD, if the 

replacement was done before June 24, 2002 

(the effective date of AD 2002–10–06, 

Amendment 39–12752 (67 FR 35425, May 20, 

2002)), using Airbus Service Bulletin A320– 

31–1106, dated January 3, 1997; Revision 01, 

dated April 16, 1997; Revision 02, dated 

January 20, 1998; or Revision 03, dated July 

9, 1999. 

(h) Restatement of Requirements of AD 

2002–10–06, Amendment 39–12752 (67 FR 

35425, May 20, 2002): Optional Method of 

Compliance 

Installation of a FWC standard in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

31–1141, Revision 04, dated February 14, 

2002, is an acceptable method of compliance 

with the replacement required by paragraph 

(g) of this AD. 

(i) New Requirements of This AD: Flight 

Warning Computer Replacement 

Within 48 months after the effective date 

of this AD: Replace both FWC units with 

FWC part number 350E053020909, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A320–31–1334, Revision 04, 

including Appendix 01, dated September 12, 

2011. 

(j) Credit for Previous Actions 

(1) For all airplanes, except for Model 

A319 series airplanes on which 

modifications 28238, 28162, and 28342 have 

been incorporated: This paragraph provides 

credit for replacing both FWCs, as required 

by paragraph (i) of this AD, if the 

replacements were performed before the 

effective date of this AD using Airbus Service 

Bulletin A320–31–1334, dated July 30, 2009; 

Revision 01, dated December 14, 2009; 

Revision 02, dated September 13, 2010; or 

Revision 03, dated March 15, 2011. 

(2) This paragraph provides credit for 

replacing both FWCs in lieu of the 

installation specified in paragraph (h) of this 

AD, if the replacements were performed 

before the effective date of this AD using 

Airbus Service Bulletin A320–31–1141, 

dated March 6, 2000; Revision 01, dated May 

25, 2000; Revision 02, dated January 22, 

2001; or Revision 03, dated June 12, 2001. 

(k) Parts Installation 

As of the effective date of this AD, and 

after accomplishing the actions in paragraph 

(i) of this AD, no person may install a FWC 

with a part number listed in table 1 of this 

AD on any airplane. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 International Branch, send it to ATTN: 

Tim Dulin, Aerospace Engineer, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; telephone 

425–227–2141; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. 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. The AMOC approval letter 

must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(m) Related Information 

Refer to MCAI EASA Airworthiness 

Directive 2011–0001, dated January 10, 2011; 

Airbus Service Bulletin A320–31–1106, 

Revision 04, dated December 21, 1999; 

Airbus Mandatory Service Bulletin A320–31– 

1106, Revision 05, dated September 21, 2000; 

Airbus Service Bulletin A320–31–1141, 

Revision 04, dated February 14, 2002; and 

Airbus Mandatory Service Bulletin A320–31– 

1334, Revision 04, including Appendix 01, 

dated September 12, 2011; for related 

information. 

(n) Material Incorporated by Reference 

(1) You must use the following service 

information 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) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51 on the date 

specified. 

(2) The following service information was 

approved for IBR on April 17, 2012. 

(i) Airbus Mandatory Service Bulletin 

A320–31–1106, Revision 05, dated 

September 21, 2000. 

(ii) Airbus Service Bulletin A320–31–1141, 

Revision 04, dated February 14, 2002. 

(iii) Airbus Mandatory Service Bulletin 

A320–31–1334, Revision 04, including 

Appendix 01, dated September 12, 2011. 

(3) The following service information was 

approved for IBR on IBR June 24, 2002 (67 

FR 35425, May 20, 2002). 

(i) Airbus Service Bulletin A320–31–1106, 

Revision 04, dated December 21, 1999. 

(4) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EAS, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 44 51; email: 

account.airworth-eas@airbus.com; Internet 

http://www.airbus.com. 

(5) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(6) 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 

24, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–5859 Filed 3–12–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0318; Directorate 

Identifier 2010–CE–033–AD; Amendment 

39–16966; AD 2012–04–10] 

RIN 2120–AA64 

Airworthiness Directives; Burl A. 

Rogers (Type Certificate Previously 

Held by William Brad Mitchell and 

Aeronca, Inc.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all Burl 

A. Rogers (type certificate previously 

held by William Brad Mitchell and 

Aeronca, Inc.) Models 15AC and S15AC 

airplanes. This AD was prompted by 

reports of intergranular exfoliation and 

corrosion of the upper and/or lower 

wing main spar cap angles found on the 

affected airplanes. This AD requires 

repetitive inspections of the upper and 

lower main wing spar cap angles for 

cracks and/or corrosion and installing 

inspection access panels. This AD also 

requires replacing the wing spar cap 

angles if moderate or severe corrosion is 

found and applying corrosion inhibitor. 

We are issuing this AD to correct the 

unsafe condition on these products. 

DATES: This AD is effective April 17, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of April 17, 2012. 

ADDRESSES: For service information 

identified in this AD, contact Burl’s 

Aircraft, LLC, P.O. Box 671487, 

Chugiak, Alaska 99567–1487; phone: 

(907) 688–3715; fax (907) 688–5031; 

email burl@biginalaska.com; Internet: 

http://www.burlac.com. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 


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14682 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 

Directorate, 901 Locust, Room 301, 

Kansas City, MO 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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

August Asay, Supervisory Aerospace 

Engineer, FAA, Anchorage Aircraft 

Certification Office, 222 W. 7th Ave., 

#14, Anchorage, Alaska 99513; 

telephone: (907) 271–2668; fax: (907) 

271–6365; email: august.asay@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM published in the Federal 

Register on April 4, 2011 (76 FR 18454). 

That NPRM proposed to require 

repetitive inspections of the upper and 

lower main wing spar cap angles for 

cracks and/or corrosion and installing 

inspection access panels. That NPRM 

also proposed to require replacing the 

wing spar cap angles if moderate or 

severe corrosion is found and applying 

corrosion inhibitor. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (76 FR 18454, 

April 4, 2011) and the FAA’s response 

to each comment. 

Request To Extend Comment Period 

The Experimental Aircraft 

Association (EAA), John Poulter, 

Andrew Cooper Crow, Eric Sandberg, 

Rodney David Pollard, Kyle W. 

Boatright, and 10 other commenters 

requested an extension of the comment 

period. 

The commenters stated that 

additional time was needed to receive 

all of the data requested through the 

Freedom of Information Act and to 

prepare a request for an alternative 

method of compliance (AMOC). 

We do not agree to extend the 

comment period again. We issued the 

proposed AD (76 FR 18454, April 4, 

2011) with a 45-day open comment 

period. Due to several public comments 

received at that time requesting an 

extension of the comment period to 

facilitate fact finding/information 

gathering, we issued an extension of the 

comment period (76 FR 23920, April 29, 

2011) that extended the comment period 

for an additional 45 days. Even though 

we did not extend the comment period 

any further, we have accepted all 

comments to the docket that were 

received after the comment close date. 

We have determined it is in the best 

interest of the public to go forward with 

this AD to address the unsafe condition 

on these airplanes. The public may 

always propose AMOCs to show 

compliance to the requirements cited in 

the AD. We will review and consider all 

AMOC requests we receive provided 

they follow the procedures in 14 CFR 

39.19 and this AD. 

We made no change to the AD based 

on this comment. 

Request To Use Different Inspection 

Method 

John Poulter, Kyle W. Boatright, 

Douglas T. Rounds, Frank Charles, 

Gerald Wayne Cox, John Landers, Ron 

Craig Cooper, and four other 

commenters requested approval to use 

the borescope inspection method. 

The commenters stated that using a 

borescope when inspecting the main 

spar cap angles on the wings for 

corrosion would save time and the 

expense of installing access covers in 

the wings. 

We agree that a borescope inspection 

could provide an acceptable level of 

safety for doing the required inspection; 

however, we disagree with approving it 

for this AD because we do not have 

written detailed guidance for doing a 

borescope inspection that we can refer 

to in this AD at this time. 

The public may always propose 

AMOCs to show compliance to the 

requirements cited in the AD. We will 

review and consider all AMOC requests 

we receive provided they follow the 

procedures in 14 CFR 39.19 and this 

AD. 

We made no change to the AD based 

on this comment. 

Request To Change the Costs of 

Compliance Section 

An anonymous commenter stated that 

the Costs of Compliance section should 

be re-evaluated. 

The commenter stated that the 

estimated cost information in the 

proposed AD (76 FR 18454, April 4, 

2011) is misleading since some of the 

information is presented per wing 

instead of per airplane. The commenter 

also stated that the estimated cost of 

replacing the main spar cap on both 

wings could exceed the value of the 

airplane, and the estimated cost to 

inspect and install inspection panels 

could easily amount to 10 to 25 percent 

of the value of the airplane. 

The commenter stated that there are 

less costly, yet as effective, options to 

comply with the AD, and we should 

include those costs in the AD. 

We do not agree with the commenter. 

We determined that the estimated costs 

stated in the proposed AD (76 FR 18454, 

April 4, 2011) represent the most 

accurate estimate we can make at this 

time. Total fleet repair costs were not 

calculated because we have no way of 

determining the number of wings that 

will be found to be corroded and/or 

cracked that will need to be replaced. 

The public may always propose 

AMOCs to show compliance to the 

requirements cited in the AD. The FAA 

will review and consider all AMOC 

requests we receive provided they 

follow the procedures in 14 CFR 39.19 

and this AD. 

We made no change to the AD based 

on this comment. 

Request To Incorporate Revised Service 

Information 

Burl’s Aircraft, LLC issued additional 

installation instructions for installing 

the 2–1272 reinforcement doubler and 

the 2–1285 inspection cover assemblies. 

We infer that Burl’s Aircraft, LLC wants 

the FAA to include the installation 

instructions into the final rule AD 

action. 

We agree. We have revised the final 

rule AD action to incorporate using the 

installation instructions. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

18454, April 4, 2011) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 18454, 

April 4, 2011). 

We also determined that these 

changes will not increase the economic 


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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 14683 

burden on any operator or increase the 

scope of the AD. 

Costs of Compliance 

We estimate that this AD will affect 

255 airplanes in the U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product 

Cost on U.S. 

operators 

Initial inspection .......................................... 10 work-hours × $85 per hour = $850 ..... Not applicable ......... $850 $216,750 

Installation of inspection access panels 

and inspection.

30 work-hours × $85 per hour = $2,550 .. $630 ........................ 3,180 810,900 

We estimate the following costs to do 

any necessary replacements that will be 

required based on the results of the 

inspections. We have no way of 

determining the number of aircraft that 

might need these replacements: 

ON-CONDITION COSTS

Action Labor cost Parts cost 

Cost per 

product 

per wing 

Replacement of main spar cap ............................. 80 work-hours × $85 per hour = $6,800 per wing $1,200 per wing ............ $8,000 

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): 

2012–04–10 Burl A. Rogers (Type 

Certificate Previously Held by William 

Brad Mitchell and Aeronca, Inc.) 

Models 15AC and S15AC Airplanes: 

Amendment 39–16966; Docket No. 

FAA–2011–0318; Directorate Identifier 

2010–CE–033–AD. 

(a) Effective Date 

This AD is effective April 17, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Burl A. Rogers (type 

certificate previously held by William Brad 

Mitchell and Aeronca, Inc.) Model 15AC and 

S15AC airplanes, all serial numbers, that are 

certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by reports of 

intergranular exfoliation and corrosion of the 

upper and/or lower wing main spar cap 

angles found on the affected airplanes. We 

are issuing this AD to detect and correct 

cracks and corrosion in the wing main spar 

cap angles, which could result in reduced 

strength of the wing spar and the load 

carrying capacity of the wing. This could 

lead to wing failure and consequent loss of 

control. 

(f) Actions, Compliance, and Procedures 

Comply with this AD within the 

compliance times specified, unless already 

done (does not eliminate the repetitive 

actions of this AD). 


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14684 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 

What must be done? When must it be done? How must it be done? 

(1) Inspect the exposed trailing edges of both 

the upper and lower main spar cap angles on 

both the left and right wing for signs of 

cracks, intergranular exfoliation, and corrosion.

(i) Within the next 25 hours time-in-service 

(TIS) after April 17, 2012 (the effective date 

of this AD) or within the next 6 months after 

April 17, 2012 (the effective date of this 

AD), whichever occurs first; or 

(ii) If the left and/or right wing have been repaired and both the upper and lower main 

spar caps have been replaced using new 

parts: Inspect at or before the next annual 

inspection that occurs 10 years after the replacement or within the next 100 hours TIS 

after April 17, 2012 (the effective date of 

this AD), whichever occurs later. This compliance time applies separately to each 

wing.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; Burl’s Aircraft, LLC Mandatory Service Bulletin No. 15AC06–08–10, Amendment A, dated June 23, 2010; or Burl’s Aircraft, LLC Mandatory Service Bulletin No. 

15AC06–08–10, Amendment B, dated June 

23, 2010, Rev. Original, September 15, 

2011; and FAA Advisory Circular (AC) 

43.13–1B, Change 1, Chapter 6. AC 43.13– 

1B can be found at http://rgl.faa.gov/. 

(2) After completing the inspection required in 

paragraph (f)(1) of this AD, install new inspection hole skin reinforcement doublers 

and the associated screw cover plate in both 

the left and right wing.

(i) Within 12 months after April 17, 2012 (the 

effective date of this AD); or 

(ii) If the left and/or right wing have been repaired and both the upper and lower main 

spar caps have been replaced using new 

parts: At or before the next annual inspection that occurs 10 years after the replacement or within the next 100 hours TIS after 

April 17, 2012 (the effective date of this 

AD), whichever occurs later. This compliance time applies separately to each wing.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010, which includes Burl’s Aircraft, LLC 

Drawing No. SB 15AC06–08–10 (not 

dated); Burl’s Aircraft, LLC Mandatory Service Bulletin No. 15AC06–08–10, Amendment A, dated June 23, 2010; or Burl’s Aircraft, LLC Mandatory Service Bulletin No. 

15AC06–08–10, Amendment B, dated June 

23, 2010, Rev. Original, September 15, 

2011, which references Burl’s Aircraft, LLC 

Installation Instruction No. SB 15AC06–08– 

10, dated September 9, 2011, Burl’s Aircraft, LLC Sketch No. SB 15AC06–08–10, 

dated September 9, 2011, and Burl’s Aircraft, LLC Drawing No. 2–1272 Splice, 

dated September 6, 2011; and FAA Advisory Circular (AC) 43.13–1B, Change 1, 

Chapter 6. AC 43.13–1B can be found at 

http://rgl.faa.gov/. 

(3) After completing the inspection required in 

paragraph (f)(1) of this AD and installing the 

new inspection hole skin reinforcement doublers in the left and right wing as required in 

paragraph (f)(2) of this AD, through the inspection access panels, inspect the leading 

and trailing edges of both the upper and 

lower main spar cap angles on both the left 

and right wing for signs of cracks, intergranular exfoliation and corrosion.

Before further flight after installing the inspection hole skin reinforcement doublers as required in paragraph (f)(2) of this AD.Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; Burl’s Aircraft, LLC Mandatory Service Bulletin No. 15AC06–08–10, Amendment A, dated June 23, 2010; or Burl’s Aircraft, LLC Mandatory Service Bulletin No. 

15AC06–08–10, Amendment B, dated June 

23, 2010, Rev. Original, September 15, 

2011. 

(4) Remove any light corrosion found during the 

inspection required in paragraph (f)(3) of this 

AD and treat the entirety of both the upper 

and lower main spar cap angles on both the 

left and right wing with corrosion inhibitor.

Before further flight after the inspection required in paragraph (f)(3) of this AD.Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; Burl’s Aircraft, LLC Mandatory Service Bulletin No. 15AC06–08–10, Amendment A, dated June 23, 2010; or Burl’s Aircraft, LLC Mandatory Service Bulletin No. 

15AC06–08–10, Amendment B, dated June 

23, 2010, Rev. Original, September 15, 

2011. 

(5) If cracks, intergranular exfoliation, or moderate or severe corrosion is found during the 

inspection required in paragraphs (f)(1) or 

(f)(3) of this AD, replace the affected main 

spar cap angles in their entirety as a single 

piece. Splicing of the main spar cap angles is 

not permitted.

Before further flight after the inspection required in paragraphs (f)(1) and (f)(3) of this 

AD.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; Burl’s Aircraft, LLC Mandatory Service Bulletin No. 15AC06–08–10, Amendment A, dated June 23, 2010; or Burl’s Aircraft, LLC Mandatory Service Bulletin No. 

15AC06–08–10, Amendment B, dated June 

23, 2010, Rev. Original, September 15, 

2011; and contact Burl’s Aircraft, LLC in 

paragraph (i) of this AD for a replacement 

scheme and incorporate the replacement 

scheme. 


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What must be done? When must it be done? How must it be done? 

(6) Removing the wing inspection access panels, repetitively inspect both the upper and 

lower forward main spar caps on both the left 

and right wing for signs of cracks, intergranular exfoliation, and corrosion.

Repetitively thereafter at intervals not to exceed every 12 months after the inspection 

required in paragraph (f)(3) of this AD.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; Burl’s Aircraft, LLC Mandatory Service Bulletin No. 15AC06–08–10, Amendment A, dated June 23, 2010; or Burl’s Aircraft, LLC Mandatory Service Bulletin No. 

15AC06–08–10, Amendment B, dated June 

23, 2010, Rev. Original, September 15, 

2011; and FAA Advisory Circular (AC) 

43.13–1B, Change 1, Chapter 6. AC 43.13– 

1B can be found at http://rgl.faa.gov/. 

(7) After each inspection required in paragraph 

(f)(6) of this AD, if only light corrosion is 

found, remove the corrosion and treat the 

main spar cap angles with corrosion inhibitor.

Before further flight after each inspection required in paragraph (f)(6) of this AD. Continue with the repetitive inspections required 

in paragraph (f)(6) of this AD.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; Burl’s Aircraft, LLC Mandatory Service Bulletin No. 15AC06–08–10, Amendment A, dated June 23, 2010; or Burl’s Aircraft, LLC Mandatory Service Bulletin No. 

15AC06–08–10, Amendment B, dated June 

23, 2010, Rev. Original, September 15, 

2011; and FAA Advisory Circular (AC) 

43.13–1B, Change 1, Chapter 6. AC 43.13– 

1B can be found at http://rgl.faa.gov/. Contact Burl’s Aircraft, LLC in paragraph (i) of 

this AD for a replacement scheme and incorporate the replacement scheme. 

(8) After each inspection required in paragraph 

(f)(6) of this AD, if cracks, intergranular exfoliation, or moderate or severe corrosion is 

found, replace the affected main spar cap angles in their entirety as a single piece. Splicing of the main spar cap angles is not permitted.

Before further flight after each inspection required in paragraph (f)(6) of this AD. Continue with the repetitive inspections required 

in paragraph (f)(6) of this AD.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; Burl’s Aircraft, LLC Mandatory Service Bulletin No. 15AC06–08–10, Amendment A, dated June 23, 2010; or Burl’s Aircraft, LLC Mandatory Service Bulletin No. 

15AC06–08–10, Amendment B, dated June 

23, 2010, Rev. Original, September 15, 

2011; and FAA Advisory Circular (AC) 

43.13–1B, Change 1, Chapter 6. AC 43.13– 

1B can be found at http://rgl.faa.gov/. Contact Burl’s Aircraft, LLC in paragraph (i) of 

this AD for a replacement scheme and incorporate the replacement scheme. 

(9) Only install main spar cap angles that have 

been inspected and are free of cracks, intergranular exfoliation, or moderate or severe 

corrosion.

As of April 17, 2012 (the effective date of this 

AD).

Not applicable. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Anchorage Aircraft 

Certification Office (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. 

(h) Related Information 

For more information about this AD, 

contact August Asay, Supervisory Aerospace 

Engineer, FAA, Anchorage ACO, 222 W. 7th 

Ave., #14, Anchorage, Alaska 99513; 

telephone: (907) 271–2668; fax: (907) 271– 

6365; email: august.asay@faa.gov. 

(i) Material Incorporated by Reference 

(1) You must use the following service 

information 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. 

(i) Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; 

(ii) Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, Amendment A, 

dated June 23, 2010; 

(iii) Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, Amendment B, 

dated June 23, 2010, Rev. Original, 

September 15, 2011; 

(iv) Burl’s Aircraft, LLC Installation 

Instruction No. SB 15AC06–08–10, dated 

September 9, 2011; 

(v) Burl’s Aircraft, LLC Drawing No. SB 

15AC06–08–10 (not dated); 

(vi) Burl’s Aircraft, LLC Sketch No. SB 

15AC06–08–10, dated September 9, 2011; 

and 

(vii) Burl’s Aircraft, LLC Drawing No. 2– 

1272 Splice, dated September 6, 2011; and 

(2) For service information identified in 

this AD, contact Burl’s Aircraft, LLC, P.O. 

Box 671487, Chugiak, Alaska 99567–1487; 

telephone: (907) 688–3715; fax (907) 688– 

5031; email burl@biginalaska.com; Internet: 

http://www.burlac.com. 

(3) You may review copies of the service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Room 301, Kansas 

City, MO 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. 


srobinson on DSK4SPTVN1PROD with RULES
14686 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 

Issued in Kansas City, Missouri, on 

February 21, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–5864 Filed 3–12–12; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

14 CFR Part 1245 

[Notice: (12–022)] 

RIN 2700–AD63 

Claims for Patent and Copyright 

Infringement 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: The following are National 

Aeronautics and Space Administration 

(NASA) regulations relating to 

requirements for the filing of claims 

against NASA where a potential 

claimant believes NASA is infringing 

privately owned rights in patented 

inventions or copyrighted works. The 

requirements for filing an administrative 

claim are important since the filing of a 

claim carries with it certain rights 

relating to the applicable statute of 

limitations for filing suit against the 

Government. The regulations set forth 

guidelines as to what NASA considers 

necessary to file a claim for patent or 

copyright infringement, and they also 

provide for written notification to the 

claimant upon completion of an 

investigation by NASA. 

DATES: This rule is effective on March 

13, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Helen M. Galus, National Aeronautics 

and Space Administration, Office of the 

General Counsel, Washington, DC 

20546–0001. Telephone 202–358–3437. 

SUPPLEMENTARY INFORMATION: On July 

26, 2011, the Administrator published a 

notice of proposed rulemaking (NPRM) 

for patent and copyright infringement 

claims in the Federal Register (76 FR 

44504). No public comments were 

received. Accordingly, NASA is issuing 

this rule with minor edits and only one 

change to reduce burden on 

respondents, namely, § 1245.202(b)(6), 

was amended to delete the request for 

a brief summary of any defenses or 

counterclaims made and positions 

maintained by opposing parties 

regarding noninfringement of patent(s), 

in prior initiated litigation. 

The National Aeronautics and Space 

Act (51 U.S.C. 20113) authorizes the 

Administrator of NASA to settle 

administrative claims of patent and 

copyright infringement by NASA. In 

addition to that authority to acquire 

license rights and interests in patents 

and copyrights through settlement of 

claims, the Administrator has authority 

to settle claims of patent and copyright 

infringement pursuant to 22 U.S.C. 

2356, 35 U.S.C. 183 and 286, and 28 

U.S.C. 1498(b). 

In accordance with these authorities, 

NASA is issuing regulations setting 

forth requirements for the filing of 

claims against NASA where a potential 

claimant believes NASA is infringing 

privately owned rights in patented 

inventions or copyrighted works. The 

regulations are designed to inform 

potential claimants as to what 

information must be supplied in their 

communication to NASA regarding 

alleged infringement before NASA will 

consider a claim to have been filed. The 

regulations identify certain commonly 

received communications which are 

concerned with rights in patents and 

copyrights, but which will not be 

considered sufficient to constitute the 

formal filing of a claim. 

The requirements for filing an 

administrative claim are important since 

the filing of a claim carries with it 

certain rights relating to the applicable 

statute of limitations for filing suit 

against the Government. In the case of 

patent infringement claims, Title 35 

U.S.C. 286 provides that the six-year 

statute of limitations for filing suits for 

patent infringement may, in the case of 

claims against the Government, be 

tolled up to six years between the date 

of receipt of a written claim for 

compensation by the Government and 

the date of mailing by the Government 

of a notice that the claim has been 

denied. Copyright infringement claims 

can be tolled indefinitely under 28 

U.S.C. 1498(b) between the date of 

receipt of a written claim for 

compensation by the Government and 

the date of mailing by the Government 

of a notice that the claim has been 

denied. The regulations set forth 

guidelines as to what NASA considers 

necessary to file a claim for patent or 

copyright infringement. 

Section 1245.202(a) provides that in 

order for a potential claimant’s 

communication to NASA to formally 

instigate a claim, it must specifically 

allege infringement by NASA, request 

compensation, identify a patent or 

copyright alleged to be infringed, and 

indicate an act or item which the 

potential claimant believes infringes the 

claimant’s patent or copyright. Section 

1245.203(a) advises the potential 

claimant where to forward 

communications regarding the alleged 

infringement. Section 1245.202(b) of the 

regulation identifies information which, 

although not necessary in order for a 

communication to be considered 

sufficient to constitute the filing of a 

claim, is usually necessary to process a 

claim and, therefore, if presented 

initially with the claim, may serve to 

expedite the handling of the claim. The 

regulations provide for written 

notification to the claimant upon 

completion of an investigation by 

NASA. 

The revisions to this rule are part of 

NASA’s retrospective plan under E.O. 

13563 completed in August 2011. 

NASA’s full plan can be accessed at: 

http://www.nasa.gov/pdf/581545main

_Final%20Plan%20for%20

Retrospective%20Analysis%20of%20

Existing%20Regulations.pdf. 

Regulatory Analysis Section 

Paperwork Reduction Act Statement 

This rule does not contain an 

information collection requirement 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget. 

Regulatory Flexibility Act 

It has been certified that this rule is 

not subject to the Regulatory Flexibility 

Act (5 U.S.C. 601) because it would not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities. The rule sets 

forth policies and procedures for the 

filing and disposition of claims of 

infringement of privately owned rights 

in patented inventions or copyrighted 

works asserted against NASA. These 

policies and procedures would not have 

a significant economic impact on a 


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