[Federal Register: September 20, 2006 (Volume 71, Number 182)]
[Rules and Regulations]
[Page 54901-54902]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se06-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24955; Directorate Identifier 2006-CE-31-AD;
Amendment 39-14768; AD 2006-19-11]
RIN 2120-AA64
Airworthiness Directives; Gippsland Aeronautics Pty. Ltd. Model
GA8 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an airworthiness authority
of another country to identify and correct an unsafe condition on an
aviation product. We are issuing this AD to require actions to correct
the unsafe condition on these products.
DATES: This AD becomes effective October 25, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 25,
2006.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 19, 2006 (71 FR
35223). That NPRM proposed to require relocating the seat stop of the
pilot and second occupant seat.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.
Jack Buster with the Modification and Replacement Parts Association
(MARPA) provides comments on the MCAI AD process pertaining to how the
FAA addresses publishing manufacturer service information as part of a
proposed AD action. The commenter states that the proposed rule
attempts to require compliance with a public law by reference to a
private writing (as referenced in paragraph (e) of the proposed AD).
The commenter would like the FAA to incorporate by reference (IBR) the
Gippsland service bulletin.
We agree with Mr. Buster. However, we do not IBR any document in a
proposed AD action, instead we IBR the document in the final rule.
Since we are issuing the proposal as a final rule AD action, Gippsland
Aeronautics Mandatory Service Bulletin SB-GA8-2005-29, Issue 2, dated
February 14, 2006, is incorporated by reference.
Mr. Buster requests IBR documents be made available to the public
by publication in the Federal Register or in the Docket Management
System (DMS).
We are currently reviewing issues surrounding the posting of
service bulletins in the Department of Transportation's DMS as part of
the AD docket. Once we have thoroughly examined all aspects of this
issue and have made a final determination, we will consider whether our
current practice needs to be revised.
Mr. Buster comments on the vagueness of paragraph (g)(2) of the
proposed AD and states that the requirements may be unenforceable in a
court of law.
We partially agree with Mr. Buster. We are considering clarifying
the text of paragraph (g)(2) in future ADs to more clearly remind
operators they are required to assure a product is airworthy before it
is returned to service. However, we consider the existing text to be
legally enforceable since it requires performing FAA-approved
corrective actions before returning the product to an airworthy
condition. No change is required to this final rule in that regard.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable in a U.S. court of
law. In making these changes, we do not intend to differ substantively
from the information provided in the MCAI and related service
information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
Based on the service information, we estimate that this AD will
affect about 22 products of U.S. registry. We also estimate that it
will take about 2 work-hours per product to do the action and that the
average labor rate is $80 per work-hour. Required parts will cost about
$20 per product. Where the service information lists required parts
costs that are covered under warranty, we have assumed that there will
be no charge for these costs. As we do not control warranty coverage
for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of this AD
on U.S. operators to be $7,920, or $360 per product ($180 per seat
assembly).
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.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701:
[[Page 54902]]
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
We 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.
For the reasons discussed above, I certify that this AD:
(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); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 AD:
2006-19-11 Gippsland Aeronautics Pty. Ltd.: Amendment 39-14768
Docket No. FAA-2006-24955; Directorate Identifier 2006-CE-31-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
25, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model GA8 airplanes, all serial numbers
through GA8-05-088, that are certificated in any U.S. category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
issued by the airworthiness authority for Australia states that the
aircraft manufacturer has determined that the current location of
the pilot and second occupant seat stops is such that, at either
seat's most forward position, aft movement of the control column can
be restricted by the seat structure. If not corrected, this
condition could lead to reduced controllability of the airplane in
certain conditions. The MCAI requires relocating the seat stop to
eliminate this condition.
Actions and Compliance
(e) Unless already done, do the following except as stated in
paragraph (f) below:
(1) At the next regularly scheduled maintenance inspection (e.g.
100 hour or annual) that occurs 30 days or more after October 25,
2006 (the effective date of this AD), modify the pilot and second
occupant seat track rails to add a new stop location.
(2) Do the modification following Gippsland Aeronautics
Mandatory Service Bulletin SB-GA8-2005-29, Issue 2, dated February
14, 2006.
FAA AD Differences
(f) None.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, Attn: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4059; facsimile: (816) 329-
4090, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
(2) Return to Airworthiness: When complying with this AD,
perform FAA-approved corrective actions before returning the product
to an airworthy condition.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) This AD is related to MCAI Australian AD No. AD/GA8/4,
effective April 13, 2006, which references Gippsland Aeronautics
Mandatory Service Bulletin SB-GA8-2005-29, Issue 2, dated February
14, 2006.
Material Incorporated by Reference
(i) You must use Gippsland Aeronautics Mandatory Service
Bulletin SB-GA8-2005-29, Issue 2, dated February 14, 2006, to do the
actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Gippsland Aeronautics, PO Box 881, Morwell, Victoria 3840,
Australia; telephone: + 61 (0) 3 5172 1200; facsimile: + 61 (0) 3
5172 1201; e-mail: support@gippsaero.com.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Kansas City, Missouri, on September 12, 2006.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-7928 Filed 9-19-06; 8:45 am]
BILLING CODE 4910-13-P