Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 9427 

the MAS has been disabled as required by 

paragraph (g) of this AD. As a result, the 

corresponding MEL instructions and 

limitations apply whenever the EICAS status 

message ‘‘ENG MAS VALVE SENSOR L/R’’ is 

displayed. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, ECO Branch, 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 ECO Branch, send it to 

the attention of the person identified in 

paragraph (i)(1) of this AD and email to: 

ANE-AD-AMOC@faa.gov. 

(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. 

(i) Related Information 

(1) For more information about this AD, 

contact Kevin Clark, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 District 

Avenue, Burlington, MA 01803; phone: (781) 

238–7088; fax: (781) 238–7199; email: 

kevin.m.clark@faa.gov. 

(2) Refer to European Union Aviation 

Safety Agency (EASA) AD 2021–0009, dated 

January 8, 2021, for more information. You 

may examine the EASA AD in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2021–0662. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Rolls-Royce Alert Non-Modification 

Service Bulletin Trent 1000 75–AK642, 

Initial Issue, dated November 30, 2020. 

(ii) [Reserved] 

(3) For Rolls-Royce service information 

identified in this AD, contact Rolls-Royce 

plc, Corporate Communications, P.O. Box 31, 

Derby, DE24 8BJ, United Kingdom; phone: 

+44 (0)1332 242424; fax: +44 (0)1332 249936; 

website: https://www.rolls-royce.com/ 

contact-us.aspx. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this 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, 

email: fr.inspection@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on February 3, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–03638 Filed 2–18–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0144; Project 

Identifier AD–2022–00042–T; Amendment 

39–21952; AD 2022–05–01] 

RIN 2120–AA64 

Airworthiness Directives; Learjet, Inc., 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Learjet, Inc., Model 35, 35A (C–21A), 

36, 36A, 55, 55B, 55C, and 60 airplanes. 

This AD was prompted by a report 

indicating that a repair station approved 

Learjet spoiler assemblies for return to 

service after extending their life limit. 

This AD requires removing certain 

spoiler assemblies from service and 

prohibits their installation. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective March 9, 

2022. 

The FAA must receive comments on 

this AD by April 8, 2022. 

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 

https://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. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0144; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Tara 

Shawn, Aerospace Engineer, Airframe 

and Services Section, FAA, Wichita 

ACO Branch, 1801 Airport Road, Room 

100, Wichita, KS 67209; phone: 316– 

946–4141; email: Tara.Shawn@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 14, 2021, the FAA 

Kansas City Flight Standards District 

Office (FSDO) received a report that a 

repair station, Restored Aircraft Sales 

and Service, LLC, had approved several 

Learjet spoiler assemblies for return to 

service after completing a life limit 

extension. The Kansas City FSDO 

notified the Wichita ACO Branch of this 

issue on September 22, 2021. 

Investigation by the Kansas City 

FSDO and Wichita ACO Branch 

revealed that after overhauling or 

repairing spoiler assemblies for Learjet 

airplanes, the repair station extended 

the FAA-approved life limit of the 

spoiler assemblies, in some cases by 


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Figure 1 to paragraph (g) - Compliance time 

MAS deactivation Compliance time, whichever occurs later after the effective 

option date of this AD, A or B 

A Within 50 engine flight cycles (FCs) since new 

B Within 30 days or 100 FCs, whichever occurs first 
9428 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 

doubling, the life limit established by 

Learjet in the airworthiness limitations 

section of the instructions for continued 

airworthiness. This maintenance on the 

spoiler assemblies performed by the 

repair station constituted a major 

change in type design. Since the repair 

station does not hold the type certificate 

for the affected airplanes, this major 

change in type design required 

application for a supplemental type 

certificate and FAA approval to ensure 

the structural durability of the spoiler 

assemblies beyond the established life 

limit. Instead, the approval for return to 

service by the repair station lacked 

references to acceptable data and FAA 

approval. Documentation received 

during the investigation suggests that 

these spoiler assemblies are being used 

in service beyond the FAA-approved 

life limit. Furthermore, the investigation 

specifically identified eight spoiler 

assemblies that had their life limit 

extended and were approved for return 

to service, although there could be more 

spoiler assemblies subject to the unsafe 

condition. 

Operation of an airplane with a 

spoiler assembly beyond its FAAapproved life limit, if not addressed, 

could lead to undetected cracking and 

consequent failure or separation of the 

spoiler assembly, resulting in a 

reduction or complete loss of control of 

the airplane. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

FAA’s Determination 

The FAA is issuing this AD because 

the agency has determined that the 

unsafe condition described previously is 

likely to exist or develop in other 

products of the same type design. 

AD Requirements 

This AD requires removing affected 

spoiler assemblies (those that have had 

their life limit extended by Restored 

Aircraft Sales and Service, LLC, or the 

maintenance records related to the life 

limit for the spoiler assembly are 

missing or incomplete) before further 

flight. This AD also prohibits the 

installation of affected spoiler 

assemblies on the identified Learjet 

airplane models. 

Justification for Immediate Adoption 

and Determination of the Effective Date 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

to dispense with notice and comment 

procedures for rules when the agency, 

for ‘‘good cause,’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without providing notice and 

seeking comment prior to issuance. 

Further, section 553(d) of the APA 

authorizes agencies to make rules 

effective in less than thirty days, upon 

a finding of good cause. 

An unsafe condition exists that 

requires the immediate adoption of this 

AD without providing an opportunity 

for public comments prior to adoption. 

The FAA has found that the risk to the 

flying public justifies forgoing notice 

and comment prior to adoption of this 

rule because use of a spoiler assembly 

beyond its FAA-approved life limit 

could lead to undetected cracking and 

consequent failure or separation of the 

spoiler assembly, resulting in a 

reduction or complete loss of control of 

the airplane. Based on the lack of 

available data that would ensure the 

strength or durability characteristics of 

these assemblies beyond their life limit, 

the FAA has determined that affected 

spoiler assemblies must be removed 

before further flight. Accordingly, notice 

and opportunity for prior public 

comment are impracticable and contrary 

to the public interest pursuant to 5 

U.S.C. 553(b)(3)(B). 

In addition, the FAA finds that good 

cause exists pursuant to 5 U.S.C. 553(d) 

for making this amendment effective in 

less than 30 days, for the same reasons 

the FAA found good cause to forgo 

notice and comment. 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include Docket No. FAA–2022–0144 

and Project Identifier AD–2022–00042– 

T at the beginning of your comments. 

The most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 

The FAA will consider all comments 

received by the closing date and may 

amend this final rule because of those 

comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this AD contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this AD, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this AD. Submissions containing CBI 

should be sent to Tara Shawn, 

Aerospace Engineer, Airframe and 

Services Section, FAA, Wichita ACO 

Branch, 1801 Airport Road, Room 100, 

Wichita, KS 67209; phone: 316–946– 

4141; email: Tara.Shawn@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

Regulatory Flexibility Act 

The requirements of the Regulatory 

Flexibility Act (RFA) do not apply when 

an agency finds good cause pursuant to 

5 U.S.C. 553 to adopt a rule without 

prior notice and comment. Because the 

FAA has determined that it has good 

cause to adopt this rule without notice 

and comment, RFA analysis is not 

required. 

Costs of Compliance 

The FAA estimates that this AD 

affects at least 8 spoiler assemblies. The 

FAA estimates the following costs to 

comply with this AD, based on the 

assumption that all affected spoiler 

assemblies are installed on airplanes of 

U.S. registry: 


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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 9429 

ESTIMATED COSTS * 

Action Labor cost Parts cost Cost per 

spoiler assembly 

Cost on U.S. 

operators 

Spoiler assembly replacement.70 work-hours × $85 per 

hour = $5,950.

$44,039 ............................. $49,989 ............................. $399,912 

* Each airplane contains two spoiler assemblies. 

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. 

The FAA is 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, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

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: 

2022–05–01 Learjet, Inc.: Amendment 39– 

21952; Docket No. FAA–2022–0144; 

Project Identifier AD–2022–00042–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 9, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Learjet, Inc., Model 35, 

35A (C–21A), 36, 36A, 55, 55B, 55C, and 60 

airplanes, certificated in any category, with 

any spoiler assembly that meets any of the 

criteria identified in paragraph (c)(1) or (2) of 

this AD. 

(1) The spoiler assembly’s life limit was 

extended by Restored Aircraft Sales and 

Service, LLC. 

(2) The maintenance records related to the 

life limit for the spoiler assembly are missing 

or incomplete. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 5755, Spoilers. 

(e) Unsafe Condition 

This AD was prompted by a report 

indicating that a repair station performed a 

life extension program on spoiler assemblies 

that had reached or were close to reaching 

their life limit. The FAA is issuing this AD 

to prevent use of a spoiler assembly beyond 

its FAA-approved life limit, which could 

lead to undetected cracking and consequent 

failure or separation of the spoiler assembly, 

resulting in a reduction or complete loss of 

control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Spoiler Assembly Removal 

For each spoiler assembly identified in 

paragraph (c) of this AD: Remove the spoiler 

assembly from service before further flight. 

(h) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install, on any airplane, a spoiler 

assembly identified in paragraph (c) of this 

AD. 

(i) Special Flight Permit 

Special flight permits, as described in 14 

CFR 21.197 and 21.199, may be issued to 

operate the airplane to a location where the 

requirements of this AD can be 

accomplished, but concurrence by the 

Manager, Wichita ACO Branch, FAA, is 

required before issuance of the special flight 

permit. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Wichita ACO Branch, 

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 responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (k) of this 

AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(k) Related Information 

For more information about this AD, 

contact Tara Shawn, Aerospace Engineer, 

Airframe and Services Section, FAA, Wichita 

ACO Branch, 1801 Airport Road, Room 100, 

Wichita, KS 67209; phone: 316–946–4141; 

email: Tara.Shawn@faa.gov. 

(l) Material Incorporated by Reference 

None. 

Issued on February 16, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–03805 Filed 2–17–22; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–1006; Project 

Identifier MCAI–2021–00700–T; Amendment 

39–21940; AD 2022–03–22] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 


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