[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Rules and Regulations]
[Pages 5246-5249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01730]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0024; Project Identifier AD-2022-01492-A; 
Amendment 39-22311; AD 2023-02-04]
RIN 2120-AA64


Airworthiness Directives; Mooney International Corporation 
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 Mooney International Corporation Model M20C, M20D, M20E, M20F, 
and M20G airplanes. This AD was prompted by reports of the hybrid 
material elevator balance weight cracking. This AD requires inspecting 
to determine whether a certain elevator balance weight is installed. If 
installed, this AD requires inspecting each affected elevator balance 
weight for corrosion and cracking, and depending on the findings, 
either replacing each affected elevator balance weight with a non-
hybrid (lead) elevator balance weight or repetitively inspecting each 
affected elevator balance weight. This AD also prohibits the 
installation of an affected elevator balance weight on any airplane. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective February 13, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 13, 
2023.
    The FAA must receive comments on this AD by March 13, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2023-0024; 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.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Mooney International Corporation, 165 Al Mooney Road North, 
Kerrville, TX 78028; phone: (800) 456-3033; email: mooney.com">[email protected]mooney.com; 
website: mooney.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov by searching for and locating Docket No. FAA-2023-0024.

[[Page 5247]]


FOR FURTHER INFORMATION CONTACT: Bang Nguyen, Aviation Safety Engineer, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort 
Worth, TX 76177; phone: (817) 222-4973; email: [email protected].

SUPPLEMENTARY INFORMATION: 

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-2023-0024 and Project Identifier 
AD-2022-01492-A'' 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 
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 Bang 
Nguyen, Aviation Safety Engineer, Compliance & Airworthiness Division, 
FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177. Any commentary that 
the FAA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Background

    The FAA has received reports of corrosion and cracks found on 
elevator balance weights on Mooney International Corporation Model M20F 
airplanes. The affected airplanes are equipped with smooth skin 
elevators, part number (P/N) 430000-503 and P/N 430000-504, with hybrid 
material elevator balance weight P/N 430018-1 installed. The hybrid 
elevator balance weight P/N 430018-1 is similar in size and shape (but 
not in weight) to the elevator balance weight P/N 430016-7. It is 
possible the hybrid elevator balance weight P/N 430018-1 has also been 
installed on Model M20C, M20D, M20E, and M20G airplanes. The hybrid 
elevator balance weights were found to have developed galvanic 
corrosion and visible signs of cracking, which caused them to become 
severely displaced.
    This condition, if not addressed, could result in partial or total 
separation of the elevator balance weight during flight, which could 
lead to elevator flutter and consequent 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 the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Mooney International Corporation Service Bulletin 
M20-345A, dated December 13, 2022. This service information specifies 
procedures for inspecting to determine whether a hybrid elevator 
balance weight P/N 430018-1 is installed, inspecting each hybrid 
elevator balance weight P/N 430018-01 for chipping or cracking, and 
depending on the inspection results, either repetitively inspecting 
each hybrid elevator balance weight or replacing with a non-hybrid 
(lead) elevator balance weight P/N 430016-7. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in ADDRESSES.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described and prohibits the installation of an 
affected elevator balance weight on any airplane.

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 foregoing notice and comment prior to adoption of this rule 
because corrosion on the elevator balance weight could lead to cracks 
that, if not addressed, could result in elevator flutter leading to 
elevator failure with consequent loss of control of the airplane. 
Because undetected corrosion could have developed over time and 
therefore the cracks can develop quickly and without warning, the 
affected elevator balance weights must be inspected 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 forego notice and 
comment.

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 prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 3,098 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 5248]]



                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
             Action                    Labor cost              Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
Inspect for existence of P/N      1 work hour x $85    Not Applicable...........             $85        $263,330
 430018-1.                         per hour = $85.
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    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The FAA estimates the following costs to do any necessary 
inspection or replacement that would be required based on the results 
of the initial inspection. There were 137 elevator balance weights P/N 
430018-1 produced. Therefore, up to 137 airplanes of the 3,098 affected 
airplanes could have the affected elevator balance weights installed. 
The FAA has no way of knowing if all 137 affected elevator balance 
weights are installed.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                 Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Inspect elevator balance weights P/  6 work-hours x $85 per  Not Applicable..............  $510 per inspection
 N 430018-1 for cracks/corrosion.     hour = $510.                                          cycle.
Replace elevator balance weights P/  10 work-hours x $85     $650........................  $1,500.
 N 430018-1.                          per hour = $850.
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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.

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:

2023-02-04 Mooney International Corporation: Amendment 39-22311; 
Docket No. FAA-2023-0024; Project Identifier AD-2022-01492-A.

(a) Effective Date

    This airworthiness directive (AD) is effective February 13, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    Mooney International Corporation Model M20C, M20D, M20E, M20F, 
and M20G airplanes, all serial numbers up to 680170 inclusive, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5520, Elevator 
Structure.

(e) Unsafe Condition

    This AD was prompted by reports of the hybrid elevator balance 
weight cracking. The FAA is issuing this AD to detect and address 
the corrosion and cracking of the hybrid elevator balance weight. 
The unsafe condition, if not addressed, could result in partial or 
total separation of the elevator balance weight during flight, which 
could lead to elevator flutter with consequent loss of control of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action

    (1) Before further flight after the effective date of this AD, 
inspect both elevators to determine if any hybrid elevator balance 
weight part number (P/N) 430018-1 is installed in accordance with 
STEP 1.1 of the Instructions section in Mooney International 
Corporation Service Bulletin M20-345A, dated December 13, 2022. The 
repetitive inspection and replacement required by paragraphs (g)(2) 
and (3) of this AD are not required if any hybrid elevator balance 
weight P/N 430018-1 is not installed.
    (2) If any hybrid elevator balance weight P/N 430018-1 is 
installed, before further flight after the effective date of this AD 
and thereafter at intervals not to exceed 100 hours time-in-service 
or 12 months, whichever occurs first, inspect each hybrid elevator 
balance weight P/N 430018-1 for any corrosion and cracks in 
accordance with STEP 2 of the Instructions section in Mooney 
International Corporation Service Bulletin M20-345A, dated December 
13, 2022.
    (3) If any corrosion or cracks are found as a result of any 
inspection required in paragraph (g)(2) of this AD, before further 
flight, replace the elevator balance weight with a non-hybrid (lead) 
elevator balance weight P/N 430016-7 in accordance with STEPS 3.1.1 
through 3.1.8 of the Instructions section in Mooney International 
Corporation Service Bulletin M20-345A, dated December 13, 2022, 
except contacting Mooney Service Parts in STEP 3.1.7 is not required 
by this AD. The repetitive inspections required by

[[Page 5249]]

paragraph (g)(2) of this AD are no longer required for that elevator 
balance weight after this replacement.
    (4) As of the effective date of this AD, do not install hybrid 
elevator balance weight P/N 430018-1 on any airplane.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Fort Worth 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 certification office, send it to the attention of the 
person identified in paragraph (i) 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.

(i) Related Information

    For more information about this AD, contact Bang Nguyen, 
Aviation Safety Engineer, Compliance & Airworthiness Division, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; phone: (817) 222-4973; 
email: [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Mooney International Corporation Service Bulletin M20-345A, 
dated December 13, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Mooney International Corporation, 165 Al Mooney Road North, 
Kerrville, TX 78028; phone: (800) 456-3033; email: 
mooney.com">[email protected]mooney.com; website: mooney.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this 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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 19, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-01730 Filed 1-24-23; 4:15 pm]
BILLING CODE 4910-13-P


