[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Rules and Regulations]
[Pages 8159-8161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3758]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0155; Directorate Identifier 2009-CE-007-AD; 
Amendment 39-15825; AD 2009-05-01]
RIN 2120-AA64


Airworthiness Directives; Gippsland Aeronautics Pty. Ltd. Model 
GA8 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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:

    Inspection of a high time aircraft has revealed cracks in the 
Horizontal Stabiliser rear spar splice plate and inboard main ribs 
around the area of the Horizontal Stabiliser rear pivot attachment. 
Additionally, failure of some attach bolts in service may be due to 
improper assembly.
    This amendment is issued because the requirement document now 
contains an inspection for cracking in horizontal stabilisers which 
have load transferring fittings installed.

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

DATES: This AD becomes effective March 2, 2009.
    On March 2, 2009, 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 March 26, 2009.

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, 901 
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 7, 2007, we issued AD 2007-04-12, Amendment 39-14944 
(72 FR 7578; February 16, 2007). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2007-04-12, Gippsland Aeronautics has updated 
the service information to include an inspection for cracking in 
horizontal stabilizers that have load transfer fittings installed. In 
addition, the previous service information allowed spotfacing nut and 
bolt mating surfaces that were damaged or not square. The updated 
service information eliminated the spotfacing action and requires 
replacement of parts if nut and bolt mating surfaces are damaged or not 
square. Since repair by spotfacing is no longer acceptable, this AD 
also requires replacement of parts if previously repaired by 
spotfacing.
    The Civil Aviation Safety Authority (CASA), which is the aviation 
authority for Australia, has issued AD/GA8/5, Amdt 2, dated January 22, 
2009 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Inspection of a high time aircraft has revealed cracks in the 
Horizontal Stabiliser rear spar splice plate and inboard main ribs 
around the area of the Horizontal Stabiliser rear pivot attachment. 
Additionally, failure of some attach bolts in service may be due to 
improper assembly.
    This amendment is issued because the requirement document now 
contains an inspection for cracking in horizontal

[[Page 8160]]

stabilisers which have load transferring fittings installed.

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

Relevant Service Information

    Gippsland Aeronautics has issued Mandatory Service Bulletin SB-GA8-
2002-02, Issue 5, dated November 13, 2008. 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 of 
potential cracking of 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 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-2009-0155; Directorate 
Identifier 2009-CE-007-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 39-14944 (72 FR 
7578; February 16, 2007), and adding the following new AD:

2009-05-01 Gippsland Aeronautics Pty. Ltd.: Amendment 39-15825; 
Docket No. FAA-2009-0155; Directorate Identifier 2009-CE-007-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 2, 
2009.

Affected ADs

    (b) This AD supersedes AD 2007-04-12; Amendment 39-14944.

Applicability

    (c) This AD applies to Model GA8 airplanes, serial numbers GA8-
00-004 and up, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55: 
Stabilizers.

Reason

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

    Inspection of a high time aircraft has revealed cracks in the 
Horizontal Stabiliser rear spar splice plate and inboard main ribs 
around the area of the Horizontal Stabiliser rear pivot attachment. 
Additionally, failure of some attach bolts in service may be due to 
improper assembly.
    This amendment is issued because the requirement document now 
contains an inspection for cracking in horizontal stabilisers which 
have load transferring fittings installed.

[[Page 8161]]

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within the next 10 hours time-in-service (TIS) after March 
2, 2009 (the effective date of this AD):
    (i) For all aircraft not incorporating computer numeric control 
(CNC) machined elevator hinges, inspect and repair the left and 
right horizontal stabilizer rear pivot attachment installation 
following instruction ``3. Rear Pivot Attachment Inspection,'' of 
Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, 
Issue 5, dated November 13, 2008; and,
    (ii) For all aircraft, inspect the left and right rear attach 
bolt mating surfaces for damage or an out of square condition and 
replace the left and right rear attach bolts following instruction 
``5. Rear Attach Bolt Replacement,'' of Gippsland Aeronautics 
Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 
13, 2008. Reworking the mating surfaces by spotfacing is no longer 
acceptable. If the mating surfaces are damaged, not square, or were 
previously reworked by spotfacing the surface, replace the parts as 
specified in Gippsland Aeronautics Mandatory Service Bulletin SB-
GA8-2002-02, Issue 5, dated November 13, 2008.
    (2) Within the next 10 hours TIS after March 2, 2009 (the 
effective date of this AD) and repetitively thereafter at intervals 
not to exceed 100 hours TIS or 12 months, whichever occurs first, 
for all aircraft:
    (i) Inspect the horizontal stabilizer externally following 
instruction ``2. External Inspection (Lower flange, Stabilizer rear 
spar),'' of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-
2002-02, Issue 5, dated November 13, 2008; and
    (ii) Inspect the horizontal stabilizer internally following 
instruction ``4. Internal Inspection,'' of Gippsland Aeronautics 
Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 
13, 2008.
    (3) Before further flight, if during the inspection required by 
paragraph (f)(2) of this AD any excessive local deflection or 
movement of the lower skin surrounding the lower pivot attachment, 
cracking, or working (loose) rivet is found, obtain an FAA-approved 
repair scheme from the manufacturer and incorporate this repair 
scheme. Due to FAA policy, the repair scheme for crack damage must 
include an immediate repair of the crack, not a repetitive 
inspection. Continued operational flight with unrepaired crack 
damage is not permitted.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) ``Requirement: 1. Daily Inspection (Stabilizer attach 
bolt)'' of the service information requires a daily inspection of 
the stabilizer attach bolt. The daily inspection is not a 
requirement of this AD. Instead of the daily inspection, we require 
you to perform, within 10 hours TIS, ``Requirement 3. Rear Pivot 
Attachment Inspection'' and ``Requirement 5. Rear Attachment Bolt 
Replacement'' of the service information. Compliance with 
requirement 3. and 5. is a terminating action for the daily 
inspection, and we are requiring these within 10 hours TIS after the 
effective date of this AD.
    (2) ``Requirement: 2. External Inspection (Lower flange, 
Stabilizer rear spar)'' of the service information does not specify 
any action if excessive local deflection or movement of lower skin, 
cracking, or working (loose) rivet is found. We require obtaining 
and incorporating an FAA-approved repair scheme from the 
manufacturer before further flight.
    (3) The MCAI does not state if further flight with known cracks 
is allowed. FAA policy is to not allow further flight with known 
cracks in critical structure. We require that if any cracks are 
found when accomplishing the inspection required in paragraph (f)(2) 
of this AD, you must repair the cracks before further flight.
    (4) The service information does not state that parts with 
spotfaced nut and bolt mating surfaces require replacement. However, 
the service information no longer allows reworking of the mating 
surfaces by spotfacing. We require that if any nut and bolt surfaces 
were previously reworked by spotfacing, you must replace the parts.

Other FAA AD Provisions

    (f) 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

    (g) Refer to MCAI Civil Aviation Safety Authority AD No. AD/GA8/
5, Amdt 2, dated January 22, 2009; and Gippsland Aeronautics 
Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 
13, 2008, for related information.

Material Incorporated by Reference

    (h) You must use Gippsland Aeronautics Mandatory Service 
Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008, 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, 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 February 17, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-3758 Filed 2-23-09; 8:45 am]
BILLING CODE 4910-13-P