AD 99-11-07

This amendment adopts a new airworthiness directive (AD) that applies to certain Mooney Aircraft Corporation (Mooney) Model M20R airplanes. This AD requires either fabricating and installing a placard that specifies using the air conditioning system during cruise operations only or deactivating the air conditioning system so it cannot be used. This AD is the result of reports of the existence of dangerous levels of carbon monoxide during taxi, climb, and descent operations of the above-referenced airplanes. The actions specified by this AD are intended to prevent dangerous levels of carbon monoxide from entering the airplane cabin during takeoff, climb, and descent operations caused by the present flight cabin sealing design of the affected airplanes, which could result in passenger injury.

Final rule; request for comments.

99-11-07 MOONEY AIRCRAFT CORPORATION: Amendment 39-11178; Docket No. 99-CE-14-AD.
Applicability: Model M20R airplanes, certificated in any category; that incorporate the following serial numbers: 29-0033, 29-0062, 29-0088, 29-0090, 29-0092, 29-0096, 29-0098, 29-0109, 29-0117, 29-0119, 29-0130, 29-0132, 29-0133, 29-0134, 29-0139, 29-0142, 29-0143, 29-0144, 29-0149, 29-0154, 29-0155, 29-0156, 29-0159, 29-0161, 29-0162, 29-0164, 29-0171, 29-0172, and 29-0180

NOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (d) of this AD. The request should include an assessment of the effect ofthe modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

Compliance: Required within the next 25 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished.

To prevent dangerous levels of carbon monoxide from entering the airplane cabin during takeoff, climb, and descent operations caused by the present flight cabin sealing design of the affected airplanes, which could result in passenger injury, accomplish the following:

(a) Accomplish one of the following actions:

(1) Fabricate a placard that incorporates the following words (using at least 1/8-inch letters), and install this placard on the instrument panel within the pilot's clear view:

"AIR CONDITIONING SYSTEM
TO BE UTILIZED DURING
CRUISE OPERATION ONLY"

Instead of fabricating the placard, it may be obtained from the Mooney Aircraft Corporation at the address specified in paragraph (e) of this AD, and is referenced in Mooney Service Bulletin M20-270, Issued Date: March 1, 1999; or

(2) De-activate the air conditioning system.

(b) Accomplishing the placard requirements of paragraph (a)(1) of this AD may be performed by the owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7), and must be entered into the aircraft records showing compliance with this AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

(c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. Use of the air conditioning system is prohibited during any such flight.

(d) An alternative method of compliance or adjustment of the compliance time that provides an equivalent level of safety may be approved by the Manager, FAA, Airplane Certification Office (ACO), 2601 Meacham Boulevard, Fort Worth, Texas 76193-0150. The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Fort Worth ACO.

NOTE 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Fort Worth ACO (ASW-150).

(e) Mooney Aircraft Corporation Service Bulletin M20-270, Issue Date: March 1, 1999, may be obtained from the Mooney Aircraft Corporation, Louis Schreiner Field, Kerrville, Texas 78028. Copies of this document and other information related to this AD may be inspected at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri.

(f) This amendment becomes effective on June 15, 1999.

Discussion
The FAA has received reports of the existence of dangerous levels of carbon monoxide in the flight cabin of Mooney Model M20R airplanes. The problem is associated with the sealing requirements of these airplanes. The engine exhaust is pulled into the tail cone from the airstream to cool the air conditioning condenser coil. This exhaust then stagnates in this area and, under the current flight cabin seal design, this mix of air and exhaust gas is allowed to enter into the flight cabin.

Investigation of several Mooney Model M20R airplanes found unacceptable levels of carbon monoxide during taxi, climb, and descent operations when the air conditioner is in use. The problem does not exist during cruise operations. Relevant Service Information

Mooney has issued Service Bulletin M20-270, Issue Date: March 1, 1999, which specifies accomplishing one of the following:

- fabricating and installing a placard that specifies using theair conditioning system during cruise operations only; or

- deactivating the air conditioning system so it cannot be used.

The FAA's Determination
After examining the circumstances and reviewing all available information related to the incidents described above, including the relevant service information, the FAA has determined that AD action should be taken to prevent dangerous levels of carbon monoxide from entering the airplane cabin during takeoff, climb, and descent operations caused by the present flight cabin sealing design of the affected airplanes, which could result in passenger injury.

Explanation of the Provisions of the AD
Since an unsafe condition has been identified that is likely to exist or develop in other Mooney Model M20R airplanes of the same type design, the FAA is taking AD action. This AD requires either fabricating and installing a placard that specifies using the air conditioning system during cruise operations only or deactivating the airconditioning system so it cannot be used.

Determination of the Effective Date of the AD
Since a situation exists (possible passenger injury caused by the existence of dangerous carbon monoxide levels) that requires the immediate adoption of this regulation, it is found that notice and opportunity for public prior comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.

Comments Invited
Although this action is in the form of a final rule that involves requirements affecting immediate flight safety and, thus, was not preceded by notice and opportunity to comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 99-CE-14-AD." The postcard will bedate stamped and returned to the commenter.

Regulatory Impact
The regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a significant regulatory action under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket.

List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: