AD 2012-04-10

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.

Final rule.

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 (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).

[[Page 14684]]

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When must it be
What must be done? done? How must it be done? ------------------------------------------------------------------------ (1) Inspect the exposed (i) Within the next Follow Burl's
trailing edges of both the 25 hours time-in- Aircraft, LLC
upper and lower main spar service (TIS) after Mandatory Service
cap angles on both the left April 17, 2012 (the Bulletin No. 15AC06-
and right wing for signs of effective date of 08-10, dated June
cracks, intergranular this AD) or within 8, 2010; Burl's
exfoliation, and corrosion. the next 6 months Aircraft, LLC
after April 17, Mandatory Service
2012 (the effective Bulletin No. 15AC06-
date of this AD), 08-10, Amendment A,
whichever occurs dated June 23,
first; or 2010; or Burl's
(ii) If the left and/ Aircraft, LLC
or right wing have Mandatory Service
been repaired and Bulletin No. 15AC06-
both the upper and 08-10, Amendment B,
lower main spar dated June 23,
caps have been 2010, Rev.
replaced using new Original, September
parts: Inspect at 15, 2011; and FAA
or before the next Advisory Circular
annual inspection (AC) 43.13-1B,
that occurs 10 Change 1, Chapter
years after the 6. AC 43.13-1B can
replacement or be found at http://
within the next 100 rgl.faa.gov/.
hours TIS after
April 17, 2012 (the
effective date of
this AD), whichever
occurs later. This
compliance time
applies separately
to each wing. ------------------------------------------------------------------------ (2) After completing the (i) Within 12 months Follow Burl's
inspection required in after April 17, Aircraft, LLC
paragraph (f)(1) of this 2012 (the effective Mandatory Service
AD, install new inspection date of this AD); Bulletin No. 15AC06-
hole skin reinforcement or 08-10, dated June
doublers and the associated (ii) If the left and/ 8, 2010, which
screwcover plate in both or right wing have includes Burl's
the left and right wing. been repaired and Aircraft, LLC
both the upper and Drawing No. SB
lower main spar 15AC06-08-10 (not
caps have been dated); Burl's
replaced using new Aircraft, LLC
parts: At or before Mandatory Service
the next annual Bulletin No. 15AC06-
inspection that 08-10, Amendment A,
occurs 10 years dated June 23,
after the 2010; or Burl's
replacement or Aircraft, LLC
within the next 100 Mandatory Service
hours TIS after Bulletin No. 15AC06-
April 17, 2012 (the 08-10, Amendment B,
effective date of dated June 23,
this AD), whichever 2010, Rev.
occurs later. This Original, September
compliance time 15, 2011, which
applies separately references Burl's
to each wing. Aircraft, LLC
Installation
Instruction No. SB
15AC06-08-10, dated
September9, 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 Before further Follow Burl's
inspection required in flight after Aircraft, LLC
paragraph (f)(1) of this AD installing the Mandatory Service
and installing the new inspection hole Bulletin No. 15AC06-
inspection hole skin skin reinforcement 08-10, dated June
reinforcement doublers in doublers as 8, 2010; Burl's
the left and right wing as required in Aircraft, LLC
required in paragraph paragraph (f)(2) of Mandatory Service
(f)(2) of this AD, through this AD. Bulletin No. 15AC06-
the inspection access 08-10, Amendment A,
panels, inspect the leading dated June 23,
and trailing edges of both 2010; or Burl's
the upper and lower main Aircraft, LLC
spar cap angles on both the Mandatory Service
left and right wing for Bulletin No. 15AC06-
signs of cracks, 08-10, Amendment B,
intergranular exfoliation dated June 23,
and corrosion. 2010, Rev.
Original, September
15, 2011. ------------------------------------------------------------------------ (4) Remove any light Before further Follow Burl's
corrosion found during the flight after the Aircraft, LLC
inspection required in inspection required Mandatory Service
paragraph (f)(3) of this AD in paragraph (f)(3) Bulletin No. 15AC06-
and treat the entirety of of this AD. 08-10, dated June
both the upper and lower 8, 2010; Burl's
main spar cap angles on Aircraft, LLC
both the left and right Mandatory Service
wing with corrosion Bulletin No. 15AC06-
inhibitor. 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 Before further Follow Burl's
exfoliation, or moderate or flight after the Aircraft, LLC
severe corrosion is found inspection required Mandatory Service
during theinspection in paragraphs Bulletin No. 15AC06-
required in paragraphs (f)(1) and (f)(3) 08-10, dated June
(f)(1) or (f)(3) of this of this AD. 8, 2010; Burl's
AD, replace the affected Aircraft, LLC
main spar cap angles in Mandatory Service
their entirety as a single Bulletin No. 15AC06-
piece. Splicing of the main 08-10, Amendment A,
spar cap angles is not dated June 23,
permitted. 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. ------------------------------------------------------------------------

[[Page 14685]]

(6) Removing the wing Repetitively Follow Burl's
inspection access panels, thereafter at Aircraft, LLC
repetitively inspect both intervals not to Mandatory Service
the upper and lower forward exceed every 12 Bulletin No. 15AC06-
main spar caps on both the months after the 08-10, dated June
left and right wing for inspection required 8, 2010; Burl's
signs of cracks, in paragraph (f)(3) Aircraft, LLC
intergranular exfoliation, of this AD. Mandatory Service
and corrosion. 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 Before further Follow Burl's
required in paragraph flight after each Aircraft, LLC
(f)(6) of this AD, if only inspection required Mandatory Service
light corrosion is found, in paragraph (f)(6) Bulletin No. 15AC06-
remove the corrosion and of this AD. 08-10, dated June
treat the main spar cap Continue with the 8, 2010; Burl's
angles with corrosion repetitive Aircraft, LLC
inhibitor. inspections Mandatory Service
required in Bulletin No. 15AC06-
paragraph (f)(6) of 08-10, Amendment A,
this AD. 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 Before further Follow Burl's
required in paragraph flight after each Aircraft, LLC
(f)(6) of this AD, if inspection required Mandatory Service
cracks, intergranular in paragraph (f)(6) Bulletin No. 15AC06-
exfoliation, or moderate or of this AD. 08-10, dated June
severe corrosion is found, Continue with the 8, 2010; Burl's
replace the affected main repetitive Aircraft, LLC
spar cap angles in their inspections Mandatory Service
entirety as a single piece. required in Bulletin No. 15AC06-
Splicing of the main spar paragraph (f)(6) of 08-10, Amendment A,
cap angles is not permitted. this AD. 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 As of April 17, 2012 Not applicable.
cap angles that have been (the effective date
inspected and are free of of this AD).
cracks, intergranular
exfoliation, or moderate or
severe corrosion. ------------------------------------------------------------------------

(g) Alternative Methods of Compliance (AMOCs)

(1) TheManager, 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) Youmust 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.

[[Page 14686]]

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 commentersrequested 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

[[Page 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 ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Initial inspection............... 10 work-hours x $85 per Not applicable..... $850 $216,750
hour = $850. Installation of inspection access 30 work-hours x $85 per $630............... 3,180 810,900
panels and inspection. hour = $2,550. ----------------------------------------------------------------------------------------------------------------

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 ----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product per
wing ---------------------------------------------------------------------------------------------------------------- Replacement of main spar cap.......... 80 work-hours x $85 per hour $1,200 per wing......... $8,000
= $6,800 per wing. ----------------------------------------------------------------------------------------------------------------

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.