Federal Register, Volume 75 Issue 107 (Friday, June 4, 2010)

[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Proposed Rules]
[Pages 31734-31736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13422]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0260; Directorate Identifier 2010-CE-015-AD]
RIN 2120-AA64

Airworthiness Directives; GROB-WERKE (Type Certificate Previously
Held by BURKHART GROB Luft- und Raumfahrt) Models G115C, G115D and
G115D2 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
the comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above.
This proposed AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as:

The manufacturer has received a report of a failed canopy
jettison test, during a regular maintenance check. The investigation
revealed that a cable shroud of the jettison system protruded the
canopy structure, which probably caused the malfunction. Inability
to jettison the canopy in flight would prevent evacuation of the
aeroplane in case of need.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
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.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.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 this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Gregory Davison, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0260;
Directorate Identifier 2010-CE-015-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

We proposed to amend 14 CFR part 39 with an earlier NPRM for the

[[Page 31735]]

specified products, which was published in the Federal Register on
March 16, 2010 (75 FR 12466). That earlier NPRM proposed to require
actions intended to address the unsafe condition for the products
listed above.
Since that NPRM was issued, we have determined that additional
actions are necessary in order to eliminate any confusion and to ensure
pilot awareness of the unsafe condition. Specifically, we are adding a
placard requirement prohibiting aerobatic flight before accomplishing
the actions of the proposed AD. Since these actions impose an
additional burden over that proposed in the NPRM, we are reopening the
comment period to allow the public the chance to comment on these
additional actions.

Relevant Service Information

Grob Aircraft AG has issued Service Bulletin No. MSB1078-164, dated
July 21, 2009. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on the proposed AD.

Differences Between This Proposed 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 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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

We estimate that this AD will affect 3 products of U.S. registry.
We also estimate that it would take about 3 work-hours per product to
comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $765 or $255 per product.
In addition, we estimate that any necessary follow-on actions would
take about 3 work-hours and require parts costing $68, for a cost of
$323 per product. We have no way of determining the number of products
that may need these actions.

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: 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new AD:

GROB-WERKE (Type Certificate Previously Held by BURKHART GROB Luft-
und Raumfahrt): Docket No. FAA-2010-0260; Directorate Identifier
2010-CE-015-AD.

Comments Due Date

(a) We must receive comments by July 19, 2010.

Affected ADs

(b) None.

Applicability

Subject

(d) Air Transport Association of America (ATA) Code 52: Doors.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:

For the reason stated above, this AD mandates an additional one time
canopy jettison test and repair if necessary.

Actions and Compliance

(f) Unless already done, do the following actions:
(1) Before further flight after the effective date of this AD,
fabricate a placard (using at least \1/8\-inch letters) with the
following words and install the placard on the

[[Page 31736]]

instrument panel within the pilot's clear view: ``AEROBATIC FLIGHT
PROHIBITED.''
(2) Before the next aerobatic flight after the effective date of
this AD, do a canopy jettison test following Grob Aircraft AG
Service Bulletin No. MSB1078-164, dated July 21, 2009.
(3) If the canopy jettison fails the test required in paragraph
(f)(2) of this AD, before further aerobatic flight:
(i) Contact Grob Aircraft AG, Customer Service, 86874
Tussenhausen-Mattsies, Germany, telephone: + 49 (0) 8268-998-105;
fax; + 49 (0) 8268-998-200; email: aircraft.com">productsupport@grob-aircraft.com,
for an FAA-approved repair scheme and incorporate the repair scheme;
or
(ii) Replace the canopy handle following Grob Aircraft AG
Service Bulletin No. MSB1078-164, dated July 21, 2009.
(4) Within 7 days after doing the canopy jettison test required
in paragraph (f)(2) of this AD or within 7 days after the effective
date of this AD, whichever occurs later, submit a report of the test
results using Appendix 1 of Grob Aircraft AG Service Bulletin No.
MSB1078-164, dated July 21, 2009, to Grob Aircraft AG at the address
specified in paragraph (f)(3)(i) of this AD.
(5) After the corrective actions specified in paragraphs
(f)(3)(i) or (f)(3)(ii) are done or if the canopy jettison passed
the test required in paragraph (f)(2) of this AD, before further
flight, remove the placard that was installed in accordance with
paragraph (f)(1) of this AD.

FAA AD Differences

Note: This AD differs from the MCAI and/or service information
as follows: The MCAI does not have a placard requirement. To
eliminate any confusion and to ensure pilot awareness of the unsafe
condition, we added a temporary placard requirement to this AD.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4130; fax: (816) 329-4090. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et.seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2009-0279, dated December 23, 2009; and Grob Aircraft AG Service
Bulletin No. MSB1078-164, dated July 21, 2009, for related
information.

Issued in Kansas City, Missouri, on May 27, 2010.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-13422 Filed 6-3-10; 8:45 am]
BILLING CODE 4910-13-P