Rule2022-03805
Airworthiness Directives; Learjet, Inc., Airplanes
Primary source
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Published
February 22, 2022
Effective
March 9, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Learjet, Inc., Model 35, 35A (C-21A), 36, 36A, 55, 55B, 55C, and 60 airplanes. This AD was prompted by a report indicating that a repair station approved Learjet spoiler assemblies for return to service after extending their life limit. This AD requires removing certain spoiler assemblies from service and prohibits their installation. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 35 (Tuesday, February 22, 2022)</title>
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[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Rules and Regulations]
[Pages 9427-9429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03805]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0144; Project Identifier AD-2022-00042-T;
Amendment 39-21952; AD 2022-05-01]
RIN 2120-AA64
Airworthiness Directives; Learjet, Inc., 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 Learjet, Inc., Model 35, 35A (C-21A), 36, 36A, 55, 55B, 55C,
and 60 airplanes. This AD was prompted by a report indicating that a
repair station approved Learjet spoiler assemblies for return to
service after extending their life limit. This AD requires removing
certain spoiler assemblies from service and prohibits their
installation. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 9, 2022.
The FAA must receive comments on this AD by April 8, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0144; 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.
FOR FURTHER INFORMATION CONTACT: Tara Shawn, Aerospace Engineer,
Airframe and Services Section, FAA, Wichita ACO Branch, 1801 Airport
Road, Room 100, Wichita, KS 67209; phone: 316-946-4141; email:
<a href="/cdn-cgi/l/email-protection#ebbf8a998ac5b8838a9c85ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="6a3e0b180b4439020b1d042a0c0b0b440d051c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On September 14, 2021, the FAA Kansas City Flight Standards
District Office (FSDO) received a report that a repair station,
Restored Aircraft Sales and Service, LLC, had approved several Learjet
spoiler assemblies for return to service after completing a life limit
extension. The Kansas City FSDO notified the Wichita ACO Branch of this
issue on September 22, 2021.
Investigation by the Kansas City FSDO and Wichita ACO Branch
revealed that after overhauling or repairing spoiler assemblies for
Learjet airplanes, the repair station extended the FAA-approved life
limit of the spoiler assemblies, in some cases by
[[Page 9428]]
doubling, the life limit established by Learjet in the airworthiness
limitations section of the instructions for continued airworthiness.
This maintenance on the spoiler assemblies performed by the repair
station constituted a major change in type design. Since the repair
station does not hold the type certificate for the affected airplanes,
this major change in type design required application for a
supplemental type certificate and FAA approval to ensure the structural
durability of the spoiler assemblies beyond the established life limit.
Instead, the approval for return to service by the repair station
lacked references to acceptable data and FAA approval. Documentation
received during the investigation suggests that these spoiler
assemblies are being used in service beyond the FAA-approved life
limit. Furthermore, the investigation specifically identified eight
spoiler assemblies that had their life limit extended and were approved
for return to service, although there could be more spoiler assemblies
subject to the unsafe condition.
Operation of an airplane with a spoiler assembly beyond its FAA-
approved life limit, if not addressed, could lead to undetected
cracking and consequent failure or separation of the spoiler assembly,
resulting in a reduction or complete 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 that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
AD Requirements
This AD requires removing affected spoiler assemblies (those that
have had their life limit extended by Restored Aircraft Sales and
Service, LLC, or the maintenance records related to the life limit for
the spoiler assembly are missing or incomplete) before further flight.
This AD also prohibits the installation of affected spoiler assemblies
on the identified Learjet airplane models.
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 forgoing notice and comment prior to adoption of this rule
because use of a spoiler assembly beyond its FAA-approved life limit
could lead to undetected cracking and consequent failure or separation
of the spoiler assembly, resulting in a reduction or complete loss of
control of the airplane. Based on the lack of available data that would
ensure the strength or durability characteristics of these assemblies
beyond their life limit, the FAA has determined that affected spoiler
assemblies must be removed 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 forgo notice and
comment.
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-2022-0144 and Project Identifier AD-
2022-00042-T 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 Tara
Shawn, Aerospace Engineer, Airframe and Services Section, FAA, Wichita
ACO Branch, 1801 Airport Road, Room 100, Wichita, KS 67209; phone: 316-
946-4141; email: <a href="/cdn-cgi/l/email-protection#471326352669142f2630290721262669202831"><span class="__cf_email__" data-cfemail="683c091a09463b00091f06280e0909460f071e">[email protected]</span></a>. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
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 notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects at least 8 spoiler
assemblies. The FAA estimates the following costs to comply with this
AD, based on the assumption that all affected spoiler assemblies are
installed on airplanes of U.S. registry:
[[Page 9429]]
Estimated Costs *
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Cost per spoiler Cost on U.S.
Action Labor cost Parts cost assembly operators
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Spoiler assembly replacement.... 70 work-hours x $44,039........... $49,989........... $399,912
$85 per hour =
$5,950.
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* Each airplane contains two spoiler assemblies.
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.
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:
2022-05-01 Learjet, Inc.: Amendment 39-21952; Docket No. FAA-2022-
0144; Project Identifier AD-2022-00042-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 9, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Learjet, Inc., Model 35, 35A (C-21A), 36,
36A, 55, 55B, 55C, and 60 airplanes, certificated in any category,
with any spoiler assembly that meets any of the criteria identified
in paragraph (c)(1) or (2) of this AD.
(1) The spoiler assembly's life limit was extended by Restored
Aircraft Sales and Service, LLC.
(2) The maintenance records related to the life limit for the
spoiler assembly are missing or incomplete.
(d) Subject
Air Transport Association (ATA) of America Code 5755, Spoilers.
(e) Unsafe Condition
This AD was prompted by a report indicating that a repair
station performed a life extension program on spoiler assemblies
that had reached or were close to reaching their life limit. The FAA
is issuing this AD to prevent use of a spoiler assembly beyond its
FAA-approved life limit, which could lead to undetected cracking and
consequent failure or separation of the spoiler assembly, resulting
in a reduction or complete loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Spoiler Assembly Removal
For each spoiler assembly identified in paragraph (c) of this
AD: Remove the spoiler assembly from service before further flight.
(h) Parts Installation Prohibition
As of the effective date of this AD, no person may install, on
any airplane, a spoiler assembly identified in paragraph (c) of this
AD.
(i) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, may be issued to operate the airplane to a location where
the requirements of this AD can be accomplished, but concurrence by
the Manager, Wichita ACO Branch, FAA, is required before issuance of
the special flight permit.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Wichita ACO Branch, 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 responsible Flight Standards 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 (k) of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(k) Related Information
For more information about this AD, contact Tara Shawn,
Aerospace Engineer, Airframe and Services Section, FAA, Wichita ACO
Branch, 1801 Airport Road, Room 100, Wichita, KS 67209; phone: 316-
946-4141; email: <a href="/cdn-cgi/l/email-protection#9dc9fceffcb3cef5fceaf3ddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="88dce9fae9a6dbe0e9ffe6c8eee9e9a6efe7fe">[email protected]</span></a>.
(l) Material Incorporated by Reference
None.
Issued on February 16, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03805 Filed 2-17-22; 11:15 am]
BILLING CODE 4910-13-P
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