Daily Rules, Proposed Rules, and Notices of the Federal Government
The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of October 3, 2012.
You may examine the AD docket on the Internet at
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 52-02-02 (21 FR 9447, December 4, 1956). That AD applies to the specified products. The NPRM published in the
We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (76 FR 20894, April 14, 2011) and the FAA's response to each comment.
William R. Bayne and Hartmut Beil stated that the service bulletin and/or the manufacturer's existing recommendations, such as lubricating control rod ends at 300 hour intervals, are adequate, and the existing AD 52-02-02 (21 FR 9447, December 4, 1956) is sufficient. They stated that the number of in-flight breakups do not identify a failure of the flight control system and do not justify the need for AD action. They also stated the inspection interval should be 300 hours instead of 100 hours to match the existing recommendations, and the proposed AD puts a financial burden on owners with little or no gain for safety.
We disagree with these comments. This AD will add airplanes to the Applicability section that were not included in AD 52-02-02 (21 FR 9447, December 4, 1956). Also, the flight control free play limits can vary or be out of tolerance for many more reasons than not doing the 300-hour lubrication requirement. Also, varying field reports indicated that the majority of flight control systems are not in tolerance. In addition, Ercoupe Service Memorandum No. 57, Revision A, dated September 1, 2008, recommends free play inspection every 100 hours.
Linda Abrams requested we change the calibration of the airspeed indicator (ASI) requirement, paragraph (g)(8) of the proposed AD (76 FR 20894, April 14, 2011), to allow for “unless already done” credit since that applies to the other inspection requirements, and it would impose a financial burden on owners and operators.
We agree. “Unless already done” credit will be applied for the ASI calibration requirement in paragraph (g)(8) of this AD as all other “unless already done” credit is being applied by reference to the Compliance section, paragraph (f) of this AD.
James E. Dyer of Univair requested the Mooney M-10 service and maintenance requirements be addressed by separate applicable service information since the Ercoupe Service Memorandum No. 57 and 35A, both Revisions A, both dated September 1, 2008, are not applicable to the Mooney M-10.
We agree. We revised the “Required Actions” section paragraph (g) of this AD by adding text that requires inspecting and taking corrective action on the Mooney M-10 flight control system per pages 5-1 through 5-4 of the Mooney M-10 Service and Maintenance Manual, Serial Numbers 690001 through 690011 and 700001 and on, Revision A, dated September 1, 2008. We also added Ercoupe Service Memorandum No. 35A, Revision A, dated September 1, 2008, to the applicable service information, and added an area to the reporting requirement pertaining to the use of Ercoupe Service Memorandum No. 35A, Revision A, dated September 1, 2008.
James E. Dyer commented that Ercoupe Service Memorandum No. 20, Revision A, dated September 1, 2008, is only referenced in the one-time reporting requirement of the “Required Actions” section, paragraph (g) of the proposed AD and not referenced as a procedural requirement for the inspection of ailerons with counter weights.
We agree. We have revised this AD by adding Ercoupe Service Memorandum No. 20, Revision A, dated September 1, 2008, as a reference in the “Required Actions” section, paragraph (g), of this AD pertaining to airplanes with the aileron balance assembly (ERCO part number (P/N) 415-16009).
James E. Dyer, Linda T. Abrams, and Jack Chmiel commented that the calibration test for the ASI should be completed by an authorized instrument repair facility because Advisory Circular AC 23-8B, Appendix 9 contains technical requirements that exceed the ability of most owner/operators, repair stations, or Airframe & Powerplant (A&P) mechanics on this class of airplane.
We partially agree. We have revised the “Required Actions” section, paragraph (g)(8) of this AD to require an FAA-authorized instrument repair facility to calibrate the ASI if the bench test method is used. However we will allow an exception for global positioning system (GPS) or other owner/operator FAA-approved methods of calibrating the ASI following the instructions in FAA Advisory Circular AC 23-8C, Appendix 9, dated
Jack Chmiel, William R. Bayne, and an anonymous commenter stated they did not think the Inspection Report should be submitted after each inspection interval. They didn't feel the referenced report was clearly defined in the NPRM as a one-time report that is only required at the time of initial compliance with the AD.
We agree. We have revised this AD to clearly state the reporting requirement is a one-time action submitted after the initial inspection.
James E. Dyer commented that there has been a revision to a P/N listed in the “Costs of Compliance” section of this AD, and we should change the P/N.
We agree. We revised this AD to reflect the aileron hinge and rudder hinge P/N from 415-24003 to F24003 in the “Costs of Compliance” section.
Vince Hammons and Jack Chmiel commented that the aileron free play should be limited to
We do not agree. Ercoupe Service Memorandums No. 56 and No. 57, both Revisions A, both dated September 1, 2008, state that
We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes 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 20894, April 14, 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 20894, April 14, 2011).
We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.
We estimate that this AD affects 2,600 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
We estimate the following costs to do any necessary replacements for the flight control system that would be required based on the results of the inspection. We have no way of determining the number of airplanes that may need this replacement:
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
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.
(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.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This airworthiness directive (AD) is effective October 3, 2012.
This AD supersedes AD 52-02-02 (21 FR 9447, December 4, 1956).
This AD applies to Univair Aircraft Corporation Models (ERCO) 415-C, 415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2 and A2-A; and (Mooney) M10 airplanes, all serial numbers, that are certificated in any category.
Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 27, Flight Controls.
This AD was prompted by a Univair Aircraft Corporation Model ERCO 415-D Ercoupe that crashed after an in-flight breakup due to possible aileron flutter. We are issuing this AD to correct the unsafe condition on these products.
Comply with this AD within the compliance times specified, unless already done.
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC
(1) The Manager, Denver 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 Principal Maintenance Inspector or Principal Avionics Inspector, as appropriate, or lacking a principal inspector, your local Flight Standards District Office.
(3) AMOCs approved for AD 52-02-02 (21 FR 9447, December 4, 1956) are approved as AMOCs for this AD.
For more information about this AD, contact Roger Caldwell, Aerospace Engineer, FAA, Denver ACO, 26805 East 68th Ave., Room 214, Denver, Colorado 80249-6361; telephone: (303) 342-1086; fax: (303) 342-1088; email:
(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) Ercoupe Service Memorandum No. 56, Revision A, dated September 1, 2008;
(ii) Ercoupe Service Memorandum No. 57, Revision A, dated September 1, 2008;
(iii) Ercoupe Service Memorandum No. 35, revised January 6, 2006;
(iv) Ercoupe Service Memorandum No. 35A, Revision A, dated September 1, 2008;
(v) Ercoupe Service Memorandum No. 20, Revision A, dated September 1, 2008; and
(vi) Mooney M-10 Service and Maintenance Manual, Serial Numbers 690001 through 690011 and 700001 and on, Section V, pages 5-1 through 5-4, Revision A, dated September 1, 2008.
The only change in Revision A of the above listed service information was to add dates to the previously undated service information.
(3) For Univair Aircraft Corporation service information identified in this AD, contact Univair Aircraft Corporation, 2500 Himalaya Road, Aurora, Colorado 80011; telephone: (303) 375-8882, facsimile: (303) 375-8888; Internet:
(4) You may view this service information at FAA, Small Airplane Directorate, 901 Locust St., Kansas City, MO 64106. For information on the availability of this material at the FAA, call (816) 329-4148.
(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, call 202-741-6030, or go to: