AD 2020-10-03

[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Rules and Regulations]
[Pages 27667-27670]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-09938]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0833; Product Identifier 2018-CE-031-AD; Amendment 
39-21121; AD 2020-10-03]
RIN 2120-AA64


Airworthiness Directives; Weatherly Aircraft Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Weatherly Aircraft Company (Weatherly) Models 201, 201A, 201B, 201C, 
620, 620A, 620B, 620B-TG, and 620TP airplanes. This AD was prompted by 
reports of fatigue cracking of the center wing and outer wing spar 
hinge brackets due to corrosion pitting. This AD requires repetitive 
inspections of the wing hinge brackets, pins, and wing spar structure 
with repair or replacement of parts as necessary. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective June 15, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 15, 
2020.

ADDRESSES: For service information identified in this final rule, 
contact Weatherly Aircraft Company, 2034 West Potomac Avenue, Chicago, 
Illinois 60622-3152; telephone: (424) 772-1812; email: 
<a href="/cdn-cgi/l/email-protection#f1969083889394929ab1929e89df9f9485"><span class="__cf_email__" data-cfemail="284f495a514a4d4b43684b475006464d5c">[email&#160;protected]</span></a>. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148. It is also available on 
the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2018-0833.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0833; 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, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Senior Engineer, 
Airframe Section, Los Angeles Aircraft Certification Office, FAA, 3960 
Paramount Blvd, Suite 100, Lakewood, California, 90712; phone: (562) 
627-5233; fax: (562) 627-5210; email: <a href="/cdn-cgi/l/email-protection#5e2c31393b2c703a2b2c3c37301e383f3f70393128"><span class="__cf_email__" data-cfemail="73011c1416015d170601111a1d331512125d141c05">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Weatherly Models 201, 
201A, 201B, 201C, 620, 620A, 620B, 620B-TG, and 620TP airplanes. The 
NPRM published in the Federal Register on September 18, 2018 (83 FR 
47116). The

[[Page 27668]]

NPRM was prompted by notification the FAA received in 2015 of a fatal 
accident caused by the in-flight structural failure of a wing on a 
Weatherly Model 620B airplane. The accident investigation found 
multiple fatigue cracks in the center wing front spar lower hinge 
bracket. As a result of operator inspections, a cracked hinge bracket 
in the center wing to outer wing joint was also reported on a different 
airplane. The hinge bracket from the second report had completely 
failed, and the airplane was relying on the second failsafe hinge 
bracket to carry the wing loads.
    To correct this unsafe condition, the FAA issued AD 2016-07-11 (81 
FR 18461, March 31, 2016) (``AD 2016-07-11''), which requires a one-
time visual inspection of the center and outer wing front spar lower 
hinge brackets for cracks and corrosion and corrective action as 
necessary. AD 2016-07-11 also requires sending a report of the 
inspection results to the FAA.
    Since the FAA issued AD 2016-07-11, Weatherly has issued new 
service information for repetitive visual and detailed inspections. 
Since the cause of the fatigue cracks were attributed to corrosion pits 
on the accident airplane, the NPRM proposed to require those repetitive 
visual and detailed inspection actions. The FAA is issuing this AD to 
address the unsafe condition on these products.
    The NPRM incorrectly stated that Weatherly had developed improved 
center wing hinge brackets manufactured from corrosion resistant 
material. The FAA has learned that those improved brackets were not 
developed or approved. Therefore, improved brackets are not currently 
available to correct the unsafe condition.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Extend the Inspection Intervals

    Two individuals requested that the FAA allow more than 5 years for 
the follow-up detailed inspection requirement. One commenter stated 
that removing all fittings and hardware every five years is unnecessary 
if corrosion preventative measures are taken during the initial 
detailed inspection. The commenter stated that, for aircraft that are 
20-30 years old, if no unacceptable corrosion is found and the aircraft 
is reassembled with corrosion preventative measures, the detailed 
inspection/disassembly intervals should be extended to 15 or more 
years. The other commenter requested the FAA extend the requirement to 
repeat the detailed inspection from 5 years to 10 years if an aircraft 
owner proactively replaces the hinge brackets with Weatherly's improved 
hinge brackets manufactured from corrosion resistant material. A third 
commenter requested that the AD require a detailed visual inspection 
within 50 hours of the effective date of the AD or within the next 6 
months, whichever is sooner. According to the commenter, Weatherly's 3-
month compliance time did not seem well thought out. The commenter 
further requested the AD allow installation of the Weatherly corrosion-
resistant hinge brackets as terminating action for the detailed 
inspection requirements.
    The FAA does not agree with the requests to change the inspection 
intervals. The hinge brackets are close-tolerance parts that are 
subject to wear, and neither testing nor analysis has substantiated 
longer inspection intervals when corrosion inhibiting compounds are 
used. In addition, as stated earlier, no improved hinge brackets with 
corrosion resistant material are currently available; therefore, 
extending the compliance time based on improved brackets is not 
possible. In determining the inspection intervals, the FAA considered 
that corrosion growth is highly variable and that the failed parts do 
not represent average life times. No changes were made to the AD based 
on these comments.

Request To Change the Inspection Requirements

    One commenter requested the FAA reconsider the AD requirements 
using the total time of the aircraft and the information in an AD 
issued by the Australian Aviation Authority in 2002 regarding 
retirement lives of the wing attachment fittings and lower spar cap. 
The commenter did not identify the 2002 Australian AD by AD number. 
However, the commenter did include a copy of Civil Aviation Safety 
Authority AD/W620/2, Wing Hinge Pins, dated October 1996, which 
requires a one-time inspection of the wing hinge pins for correct 
length and installation.
    The total aircraft time was not a factor in the proposed AD because 
it is not a reliable predictor of fatigue crack initiation in the 
presence of corrosion. The FAA has reviewed the 2002 Australian AD and 
finds that it does not address any contributing factors associated with 
the Weatherly Model 620B accident on August 26, 2015. No changes were 
made to the AD based on this comment.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed except for minor editorial 
changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Weatherly 201/620 Service Bulletin SB-201/620-
18001, Revision C, dated May 21, 2018. The service information 
describes procedures for initial and repetitive inspections of the wing 
hinge brackets, pins, and wing spar structure for corrosion and/or 
cracks with repair or replacement as necessary. 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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 94 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
            Action                   Labor cost             Parts cost        Cost per product      operators
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Detailed inspection for        50 work-hours x $85    Not applicable........  $4,250 per        $399,500 per
 corrosion and cracks with      per hour = $4,250                              inspection        inspection
 wing removed.                  per inspection cycle.                          cycle.            cycle.

[[Page 27669]]

 
Visual inspection for          4 work-hours x $85     Not applicable........  $340 per          $31,960 per
 corrosion with bolts and pin   per hour = $340 per                            inspection        inspection
 caps removed.                  inspection cycle.                              cycle.            cycle.
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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 has no way of determining the number of airplanes 
that might need these replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Parts cost
                 Action                                 Labor cost                   (includes       Cost per
                                                                                     hardware)        product
----------------------------------------------------------------------------------------------------------------
Replacement of the assembly if all       0 work-hours since part is already              $10,500         $10,500
 parts are found with corrosion.          removed from airplane.
----------------------------------------------------------------------------------------------------------------

    The on-condition costs reflects the cost to replace the entire 
assembly. The scope of damage found in the required inspection and 
which specific parts need replaced could vary significantly from 
airplane to airplane. The FAA has no way of determining how much damage 
may be found on each airplane or the cost to repair damaged parts on 
each airplane or the number of airplanes that may require repair.

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,
    (2) Will not affect intrastate aviation in Alaska, 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.

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 (AD):

2020-10-03 Weatherly Aircraft Company: Amendment 39-21121; Docket 
No. FAA-2018-0833; Product Identifier 2018-CE-031-AD.

(a) Effective Date

    This AD is effective June 15, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Weatherly Aircraft Company (Weatherly) Models 
201, 201A, 201B, 201C, 620, 620A, 620B, 620B-TG, and 620TP 
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 5740, Wing Attach Hinge Fitting.

(e) Unsafe Condition

    This AD was prompted by reports of cracks found on the center 
wing front spar lower hinge bracket. The FAA is issuing this AD to 
detect and correct corrosion and cracks on the wing hinge brackets 
and pin assemblies. The unsafe condition, if not addressed, could 
result in failure of the wing front and rear spar lower hinge 
brackets and lead to in-flight separation of the wing with 
consequent loss of control of the airplane.

(f) Compliance

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

(g) Detailed Inspection

    (1) Within 3 months after June 15, 2020 (the effective date of 
this AD) and thereafter at intervals not to exceed 5 years, inspect 
each center and outer wing spar and spar cap, wing hinge bracket, 
and hardware for corrosion and cracks by following paragraphs 7 
through 22 under the Detailed Inspection section in Weatherly 201/
620 Service Bulletin SB-201/620-18001, Revision C, dated May 21, 
2018 (Weatherly SB-201/620-18001, Revision C), except this AD does 
not require you to contact Weatherly.
    (2) Serial numbers (S/N) 1155 and 1558 have already had the 
initial detailed inspection required by paragraph (g)(1) of this AD 
and only the 5-year repetitive detailed inspections are required for 
these airplanes.
    (3) Any repair or replacement of parts with corrosion and any 
replacement of parts with a crack as specified in paragraphs 7 
through 13 under the Detailed Inspection section in Weatherly SB-
201/620-18001, Revision C, is required before further flight.

[[Page 27670]]

(h) Visual Inspection

    Within 12 months after the initial detailed inspection required 
in paragraph (g) of this AD and thereafter at intervals not to 
exceed 12 months, visually inspect each forward and rear wing hinge 
bracket attachment pin, bolt, removed cap, spacer, and hardware for 
corrosion by following paragraphs 4 through 7 under the Visual 
Inspection section in Weatherly SB-201/620-18001, Revision C. Any 
additional inspection, repair, and replacement of parts with 
corrosion as specified in paragraphs 5 and 6 under the Visual 
Inspection section of Weatherly SB-201/620-18001, Revision C, is 
required before further flight. You may perform a detailed 
inspection in accordance with paragraph (g) of this AD instead of 
any visual inspection required by paragraph (h) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 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 (j) 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.

(j) Related Information

    For more information about this AD, contact Roger Durbin, Senior 
Engineer, Airframe Section, Los Angeles Aircraft Certification 
Office, FAA, 3960 Paramount Blvd., Suite 100, Lakewood, California 
90712; phone: (562) 627-5233; fax: (562) 627-5210; email: 
<a href="/cdn-cgi/l/email-protection#4c3e232b293e6228393e2e25220c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="36445951534418524344545f587650575718515940">[email&#160;protected]</span></a>.

(k) 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) Weatherly 201/620 Service Bulletin SB-201/620-18001, 
Revision C, dated May 21, 2018.
    (ii) [Reserved]
    (3) For Weatherly Aircraft Company service information 
identified in this AD, contact Weatherly Aircraft Company, 2034 West 
Potomac Avenue, Chicago, Illinois 60622-3152; telephone: (424) 772-
1812; email: <a href="/cdn-cgi/l/email-protection#650204171c0700060e25060a1d4b0b0011"><span class="__cf_email__" data-cfemail="4c2b2d3e352e292f270c2f233462222938">[email&#160;protected]</span></a>.
    (4) You may view this referenced service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, Missouri 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, email <a href="/cdn-cgi/l/email-protection#234546475146440d4f4644424f634d4251420d444c55"><span class="__cf_email__" data-cfemail="fe989b9a8c9b99d0929b999f92be909f8c9fd0999188">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on May 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-09938 Filed 5-8-20; 8:45 am]
 BILLING CODE 4910-13-P