Discussion
On February 16, 2012, we issued AD 2012-03-52, amendment 39-16958 (77 FR 12179, February 29, 2012), for certain Mooney Aviation Company, Inc. (Mooney) Models M20R and M20TN airplanes. That 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. That AD also requires sending the inspection results to the FAA and Mooney. That AD resulted from 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 issued that 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.
Actions Since AD Was Issued
Since we issued AD 2012-03-52 (77 FR 12179, February 29, 2012), we received a report from an owner/operator of a Model M20J airplane who had the airplane inspected and found the same unsafe condition. Since the Models M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, and M20S airplanes have the same type design as the Models M20R and M20TN airplanes, we determined that these airplanes should be added to the applicability of the AD to ensure that the unsafe condition is addressed on all airplanes of the type design.
Also, Mooney published new service information that includes the expanded airplane applicability and instructions for installing replacement fasteners, if necessary.
Relevant Service Information
We reviewed Mooney Aviation Company, Inc. Service Bulletin No. M20- 313A, dated February 29, 2012; and Service Bulletin No. M20-314A, dated February 29, 2012. The service information describes procedures for inspecting the tail pitch trim assembly for correct positioning and proper attachment, inspecting the Huck Bolt fasteners for proper security, and installing replacement fasteners, if necessary.
FAA's Determination
We are issuing this AD because we evaluated all the relevant information
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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 on all Mooney Models M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, M20R, M20S, and M20TN airplanes. If incorrect positioning or improper/loose attachment is found, this AD requires installing replacement parts and fasteners. These are the same actions currently required by AD 2012-03-52 for certain Mooney Models M20R and M20TN airplanes, except the reporting requirement is no longer required.
FAA's Justification and 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 we did not provide you with notice and an opportunity to provide your comments before it becomes effective. 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-2012-0275 and directorate identifier 2012-CE-009- 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 6,630 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Inspection of the trim fitting, 1 work-hour x $85 per Not applicable...... $85 $563,550
hinge, and filler plate of the hour = $85.
tail pitch trim assembly, and
security of the Huck Bolt
fasteners. ----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary replacement of the parts and Huck Bolt fasteners that will be required based on the results of the inspection. We have no way of determining the number of aircraft that might need this repair:
On-Condition Costs ----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Installation of replacement parts and 16 work-hours x $85 per hour = $1,360 $302 $1,662
fasteners, including repair of an
incorrectly positioned and/or improperly
attached tail pitch trim assembly. ----------------------------------------------------------------------------------------------------------------
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 nota ``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.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.