What events have caused this AD? Maintenance personnel found a large crack in the weld area on the elevator torque tube assembly during an elevator disassembly of a Lancair Model LC41-550FG airplane. The airplane had only 54 hours total time-in-service.
This incident prompted an inspection of the elevator torque tube assemblies held in inventory at Lancair. The inspection revealed 70 percent of the factory inventory had cracks.
A combination of design aspects and manufacturing flaws caused the cracks. These flaws lead to rapid fatigue failure of the elevator torque tube assembly.
What is the potential impact if FAA took no action? Cracks in the elevator torque tube assembly could cause the elevator torque tube assembly to fail. This failure could result in loss of control of the airplane.
Is there service information that applies to this subject? Lancair has issued Mandatory Service Bulletin No. SB-05-005A, dated May 20, 2005.
What are the provisions of this service information? The service bulletin includes procedures for inspecting, both visually and with dye penetrant, the elevator torque tube assemblies for cracks. The service bulletin also includes procedures for replacing and reworking cracked elevator torque tube assemblies.
FAA's Determination and Requirements of the AD
What has FAA decided? We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design.
Since the unsafe condition described previously is likely to exist or develop on other Lancair Model LC41-550FG airplanes of the same type design, we are issuing this AD to prevent failure of the elevator torque tube assembly. This failure could cause loss of control of the airplane.
What does this AD require? This AD requires incorporation of the actions in the previously-referenced service bulletin.
In preparing this rule, we contacted type clubs and aircraft operators to get technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we would have included a discussion of any information that may have influenced this action in the rulemaking docket.
How does the revision to 14 CFR part 39 affect this AD? On July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions.
Comments Invited
Will I have the opportunity to comment before you issue the rule? This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include "Docket No. FAA-2005-21357; Directorate Identifier 2005-CE-29-AD" in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us through a nonwritten communication, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments.
Authority for This Rulemaking
What authority doesFAA have for issuing this rulemaking action? 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 AD.
Regulatory Findings
Will this AD impact various entities? We have determined that 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.
Will this AD involve a significant rule or regulatory action? 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 the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
3. 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.
We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include "AD Docket FAA-2005-21357; Directorate Identifier 2005-CE-29-AD" in your request.
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 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD):