Federal Register, Volume 75 Issue 164 (Wednesday, August 25, 2010)

[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Rules and Regulations]
[Pages 52253-52255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21063]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0847; Directorate Identifier 2010-CE-046-AD;
Amendment 39-16419; AD 2010-18-06]
RIN 2120-AA64

Airworthiness Directives; GA 8 Airvan (Pty) Ltd Models GA8 and
GA8-TC320 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that will supersede an existing AD. This AD
results from mandatory continuing airworthiness information (MCAI)
issued by the aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as:

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective August 30, 2010.
On August 30, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
We must receive comments on this AD by October 12, 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 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: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

On October 18, 2005, we issued AD 2005-22-02, Amendment 39-14346
(70 FR 61547; October 25, 2005). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2005-22-02, there has been another report of an
in-flight cargo door separation. Consequently, GA 8 Airvan (Pty) Ltd
has revised the service information by improving the inspection method
and making a minor design change to the door slide.
The Civil Aviation Safety Authority (CASA), which is the aviation
authority for Australia, has issued AD/GA8/3, Amdt 2, dated August 11,
2010 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

Inspections have revealed cases of excessive wear in the forward
slide of the cargo door. Excessive wear in the door slide may result
in the door becoming detached from the aircraft in flight, with
potentially catastrophic results.
Following a recent in-flight door separation, this amendment is
issued to update the service bulletin to remove any ambiguities that
could have existed in the previous revision to the referenced
service bulletin. It also provides an improved inspection method and
a minor design change to the cargo door slide (inclusion of slide
backing plate, castellated nut and spilt [sic] pin).

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

GippsAero Pty. Ltd. has issued Mandatory Service Bulletin SB-GA8-
2005-23, Issue 3, dated August 5, 2010. 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 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

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 making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because an
in-flight separation of the door could potentially strike the
horizontal stabilizer structure, which could lead to failure of the
tailplane assembly. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and

[[Page 52254]]

we did not precede it by notice and opportunity for public comment. We
invite you to send any written relevant data, views, or arguments about
this AD. Send your comments to an address listed under the ADDRESSES
section. Include ``Docket No. FAA-2010-0847; Directorate Identifier
2010-CE-046-AD'' at the beginning of your comments. We specifically
invite comments on the overall regulatory, economic, environmental, and
energy aspects of this AD. We will consider all comments received by
the closing date and may amend this 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 AD.

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 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.

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 removing Amendment 39-14346 (70 FR
61547; October 25, 2005), and adding the following new AD:

2010-18-06 GA 8 AIRVAN (PTY) LTD: Amendment 39-16419; Docket No.
FAA-2010-0847; Directorate Identifier 2010-CE-046-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective August
30, 2010.

Affected ADs

(b) This AD supersedes AD 2005-22-02, Amendment 39-14346.

Applicability

(c) This AD applies to GA 8 Airvan (Pty) Ltd Models GA8 and GA8-
TC320 airplanes, all serial numbers, certificated in any category.

Subject

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

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
Inspections have revealed cases of excessive wear in the forward
slide of the cargo door. Excessive wear in the door slide may result
in the door becoming detached from the aircraft in flight, with
potentially catastrophic results.
Following a recent in-flight door separation, this amendment is
issued to update the service bulletin to remove any ambiguities that
could have existed in the previous revision to the referenced
service bulletin. It also provides an improved inspection method and
a minor design change to the cargo door slide (inclusion of slide
backing plate, castellated nut and spilt [sic] pin).

Actions and Compliance

(f) Unless already done, do the following actions:
(1) Within 500 hours total time-in-service (TIS) of the airplane
or within the next 10 hours TIS after August 30, 2010 (the effective
date of this AD), whichever occurs later, do all of Action 1: of
GippsAero Pty. Ltd. Mandatory Service Bulletin SB-GA8-2005-23, Issue
3, dated August 5, 2010.
(2) Within 100 hours TIS after doing the actions in paragraph
(f)(1) of this AD or within 12 calendar months after doing the
actions in paragraph (f)(1) of this AD, whichever occurs first, and
repetitively thereafter at intervals not to exceed 100 hours TIS or
12 calendar months, whichever occurs first, do all of Action 2: of
GippsAero Pty. Ltd. Mandatory Service Bulletin SB-GA8-2005-23, Issue
3, dated August 5, 2010.
(3) If a cracked or excessively worn slider is found during any
inspection required in paragraph (f)(1) or (f)(2) of this AD, before
further flight replace the slider.

FAA AD Differences

Note: This AD differs from the MCAI and/or service information
as follows: The MCAI and service information only list the Model GA8
in the applicability. The cargo door for the Model GA8-TC320 has the
same design and this AD also applies to the Model GA8-TC320.

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: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; 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 Civil Aviation Safety Authority AD No. AD/GA8/
3, Amdt 2, dated August 11, 2010, and GippsAero Pty. Ltd. Mandatory
Service Bulletin SB-GA8-2005-

[[Page 52255]]

23, Issue 3, dated August 5, 2010, for related information.

Material Incorporated by Reference

(i) You must use GippsAero Pty. Ltd. Mandatory Service Bulletin
SB-GA8-2005-23, Issue 3, dated August 5, 2010, 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
GippsAero Pty. Ltd., Attn: Technical Services, P.O. Box 881,
Morwell, Victoria 3840, Australia; telephone: + 61 03 5172 1200;
fax: +61 03 5172 1201; Internet: http://www.gippsaero.com.
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(4) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.

Issued in Kansas City, Missouri, on August 18, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-21063 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P