AD 99-11-07

[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Rules and Regulations]
[Pages 27911-27913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12974]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-14-AD; Amendment 39-11178; AD 99-11-07]
RIN 2120-AA64


Airworthiness Directives; Mooney Aircraft Corporation Model M20R 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Mooney Aircraft Corporation (Mooney) Model M20R 
airplanes. This AD requires either fabricating and installing a placard 
that specifies using the air conditioning system during cruise 
operations only or deactivating the air conditioning system so it 
cannot be used. This AD is the result of reports of the existence of 
dangerous levels of carbon monoxide during taxi, climb, and descent 
operations of the above-referenced airplanes. The actions specified by 
this AD are intended to prevent dangerous levels of carbon monoxide 
from entering the airplane cabin during takeoff, climb, and descent 
operations caused by the present flight cabin sealing design of the 
affected airplanes, which could result in passenger injury.

DATES: Effective June 15, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before July 18, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-14-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
the Mooney Aircraft Corporation, Louis Schreiner Field, Kerrville, 
Texas 78028. This information may also be examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 99-CE-14-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Garry D. Sills, Aerospace Engineer, 
FAA, Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth, 
Texas 76193-0150; telephone: (817) 222-5154; facsimile: (817) 222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received reports of the existence of dangerous levels 
of carbon monoxide in the flight cabin of Mooney Model M20R airplanes. 
The problem is associated with the sealing requirements of these 
airplanes. The engine exhaust is pulled into the tail cone from the 
airstream to cool the air conditioning condenser coil. This exhaust 
then stagnates in this area and, under the current flight cabin seal 
design, this mix of air and exhaust gas is allowed to enter into the 
flight cabin.
    Investigation of several Mooney Model M20R airplanes found 
unacceptable levels of carbon monoxide during taxi, climb, and descent 
operations when the air conditioner is in use. The problem does not 
exist during cruise operations.

Relevant Service Information

    Mooney has issued Service Bulletin M20-270, Issue Date: March 1, 
1999, which specifies accomplishing one of the following:

--Fabricating and installing a placard that specifies using the air 
conditioning system during cruise operations only; or
--Deactivating the air conditioning system so it cannot be used.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
relevant service

[[Page 27912]]

information, the FAA has determined that AD action should be taken to 
prevent dangerous levels of carbon monoxide from entering the airplane 
cabin during takeoff, climb, and descent operations caused by the 
present flight cabin sealing design of the affected airplanes, which 
could result in passenger injury.

Explanation of the Provisions of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Mooney Model M20R airplanes of the same type 
design, the FAA is taking AD action. This AD requires either 
fabricating and installing a placard that specifies using the air 
conditioning system during cruise operations only or deactivating the 
air conditioning system so it cannot be used.

Determination of the Effective Date of the AD

    Since a situation exists (possible passenger injury caused by the 
existence of dangerous carbon monoxide levels) that requires the 
immediate adoption of this regulation, it is found that notice and 
opportunity for public prior comment hereon are impracticable, and that 
good cause exists for making this amendment effective in less than 30 
days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified above. All communications 
received on or before the closing date for comments will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 99-CE-14-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

99-11-07  Mooney Aircraft Corporation: Amendment 39-11178; Docket 
No. 99-CE-14-AD.

    Applicability: Model M20R airplanes, certificated in any 
category; that incorporate the following serial numbers: 29-0033, 
29-0062, 29-0088, 29-0090, 29-0092, 29-0096, 29-0098, 29-0109, 29-
0117, 29-0119, 29-0130, 29-0132, 29-0133, 29-0134, 29-0139, 29-0142, 
29-0143, 29-0144, 29-0149, 29-0154, 29-0155, 29-0156, 29-0159, 29-
0161, 29-0162, 29-0164, 29-0171, 29-0172, and 29-0180.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within the next 25 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent dangerous levels of carbon monoxide from entering the 
airplane cabin during takeoff, climb, and descent operations caused 
by the present flight cabin sealing design of the affected 
airplanes, which could result in passenger injury, accomplish the 
following:
    (a) Accomplish one of the following actions:
    (1) Fabricate a placard that incorporates the following words 
(using at least \1/8\-inch letters), and install this placard on the 
instrument panel within the pilot's clear view:

``AIR CONDITIONING SYSTEM TO BE UTILIZED DURING CRUISE OPERATION ONLY''

Instead of fabricating the placard, it may be obtained from the 
Mooney Aircraft Corporation at the address specified in paragraph 
(e) of this AD, and is referenced in Mooney Service Bulletin M20-
270, Issued Date: March 1, 1999; or

    (2) De-activate the air conditioning system.
    (b) Accomplishing the placard requirements of paragraph (a)(1) 
of this AD may be performed by the owner/operator holding at least a 
private pilot certificate as authorized by section 43.7 of the 
Federal Aviation Regulations (14 CFR 43.7), and must be entered into 
the aircraft records showing compliance with this AD in accordance 
with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (c) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197

[[Page 27913]]

and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished. Use of the air 
conditioning system is prohibited during any such flight.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, FAA, Airplane Certification Office (ACO), 
2601 Meacham Boulevard, Fort Worth, Texas 76193-0150. The request 
shall be forwarded through an appropriate FAA Maintenance Inspector, 
who may add comments and then send it to the Manager, Fort Worth 
ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Fort Worth ACO (ASW-150).

    (e) Mooney Aircraft Corporation Service Bulletin M20-270, Issue 
Date: March 1, 1999, may be obtained from the Mooney Aircraft 
Corporation, Louis Schreiner Field, Kerrville, Texas 78028. Copies 
of this document and other information related to this AD may be 
inspected at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri.
    (f) This amendment becomes effective on June 15, 1999.

    Issued in Kansas City, Missouri, on May 14, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-12974 Filed 5-21-99; 8:45 am]
BILLING CODE 4910-13-P