[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]
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