[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Rules and Regulations]
[Pages 9427-9429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03805]


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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.

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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:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#ebbf8a998ac5b8838a9c85ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="6a3e0b180b4439020b1d042a0c0b0b440d051c">[email protected]</span></a>.

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

[[Page 9428]]

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 FAA-
approved 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: <a href="/cdn-cgi/l/email-protection#471326352669142f2630290721262669202831"><span class="__cf_email__" data-cfemail="683c091a09463b00091f06280e0909460f071e">[email protected]</span></a>. 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:

[[Page 9429]]



                                                Estimated Costs *
----------------------------------------------------------------------------------------------------------------
                                                                           Cost per spoiler      Cost on U.S.
             Action                   Labor cost          Parts cost           assembly            operators
----------------------------------------------------------------------------------------------------------------
Spoiler assembly replacement....  70 work-hours x     $44,039...........  $49,989...........  $399,912
                                   $85 per hour =
                                   $5,950.
----------------------------------------------------------------------------------------------------------------
* 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

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:

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: <a href="/cdn-cgi/l/email-protection#9dc9fceffcb3cef5fceaf3ddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="88dce9fae9a6dbe0e9ffe6c8eee9e9a6efe7fe">[email protected]</span></a>.

(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


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