[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53285-53288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18311]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0003; Directorate Identifier 2013-NM-103-AD;
Amendment 39-17922; AD 2014-15-19]
RIN 2120-AA64
Airworthiness Directives; Gulfstream Aerospace LP (Type
Certificate Previously Held by Israel Aircraft Industries, Ltd.)
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-03-23 for
all Gulfstream Aerospace LP (Type Certificate previously held by Israel
Aircraft Industries, Ltd.) Model Gulfstream G150 airplanes. AD 2013-03-
23 required revising the airplane flight manual (AFM) to include
procedures to advise the flightcrew of certain runway slope and anti-
ice corrections and takeoff distance values. This new AD requires
revising the Performance section of the AFM, which includes the revised
procedures. This AD was prompted by the issuance of a revision to the
AFM, which modifies runway slope and anti-ice corrections to both
V1 and takeoff distance values. We are issuing this AD to
prevent the use of published, non-conservative data, which could result
in the inability to meet the required takeoff performance, with a
consequent hazard to safe operation during performance-limited takeoff
operations.
DATES: This AD becomes effective October 14, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 14,
2014.
The Director of the Federal Register approved the incorporation by
reference of a certain other publications listed in this AD as of March
26, 2013 (78 FR 11567, February 19, 2013).
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0003; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
For service information identified in this AD, contact Gulfstream
Aerospace Corporation, P.O. Box 2206, Mail Station D-25, Savannah, GA
31402-2206; telephone 800-810-4853; fax 912-965-3520; email
[email protected]; Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm. You may
view this referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call 425-227-1221.
FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2013-03-23, Amendment 39-17357 (78 FR 11567,
February 19, 2013). AD 2013-03-23 applied to all Gulfstream Aerospace
LP (Type Certificate previously held by Israel Aircraft Industries,
Ltd.) Model Gulfstream G150 airplanes. The NPRM published in the
Federal Register on January 21, 2014 (79 FR 3339). The NPRM was
prompted by the issuance of a revision to the AFM, which modifies
runway slope and anti-ice corrections to both V1 and takeoff
distance values. The NPRM proposed to continue to require revising the
AFM to include procedures to advise the flightcrew of certain runway
slope and anti-ice corrections and takeoff distance values. The NPRM
also proposed to require revising the Performance section of the AFM,
which includes the revised procedures. We are issuing this AD to
prevent the use of published, non-conservative data, which could result
in the inability to meet the required takeoff performance, with a
consequent hazard to safe operation during performance-limited takeoff
operations.
The Civil Aviation Authority of Israel (CAAI), which is the
aviation authority for Israel, has issued Israeli Airworthiness
Directive 01-12-02-02R1, April 23, 2013 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
This [CAAI] AD mandates revised limitations in the G150 AFM,
pertaining to the Performance Section. Each operator must
incorporate Rev.17 to the G150 AFM and remove previous AFM TR 3
dated December 14, 2012.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0003-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 3339, January 21,
2014) or on the determination of the cost to the public.
``Contacting the Manufacturer'' Paragraph in This AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (79 FR 3339, January 21, 2014), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was intended to clarify the method of
compliance and to provide operators with better visibility of repairs
that are specifically developed and approved to correct the unsafe
condition. In addition, we proposed to change the phrase ``its
delegated agent'' to include a design approval holder (DAH) with State
of Design Authority design organization approval (DOA), as applicable,
to refer to a DAH authorized to approve required repairs for the
proposed AD.
No comments were provided to the NPRM (79 FR 3339, January 21,
2014) about these proposed changes. However, a comment was provided for
a similar NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the
[[Page 53286]]
following: ``The proposed wording, being specific to repairs,
eliminates the interpretation that Airbus messages are acceptable for
approving minor deviations (corrective actions) needed during
accomplishment of an AD mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the action must be accomplished using a
method approved by the FAA, the CAAI, or the CAAI's authorized
Designee. It also clarifies that if approved by the CAAI Designee, the
approval must include the Designee's authorized signature. Where
necessary throughout this AD, we also replaced any reference to
approvals of corrective actions with a reference to the Contacting the
Manufacturer paragraph.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the CAAI Designee, the approval must include the Designee's
authorized signature. The Designee signature indicates that the data
and information contained in the document are CAAI-approved, which is
also FAA-approved. Messages and other information provided by the
manufacturer that do not contain the Designee's authorized signature
approval are not CAAI-approved, unless the CAAI directly approves the
manufacturer's message or other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Other commenters to the NPRM discussed previously, Directorate
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out
that in many cases the foreign manufacturer's service bulletin and the
foreign authority's MCAI might have been issued some time before the
FAA AD. Therefore, the DOA might have provided U.S. operators with an
approved repair, developed with full awareness of the unsafe condition,
before the FAA AD is issued. Under these circumstances, to comply with
the FAA AD, the operator would be required to go back to the
manufacturer's DOA and obtain a new approval document, adding time and
expense to the compliance process with no safety benefit.
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate. We also have
decided not to include a generic reference to either the ``delegated
agent'' or ``DAH with State of Design Authority design organization
approval,'' but instead we have provided the specific delegation
approval granted by the State of Design Authority for the DAH in the
Contacting the Manufacturer paragraph of this AD.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 3339, January 21, 2014) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 3339, January 21, 2014).
Costs of Compliance
We estimate that this AD affects 67 airplanes of U.S. registry.
We estimate that it will take about 1 work-hour per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $0 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $5,695, or $85 per product.
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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities
[[Page 53287]]
under the criteria of the Regulatory Flexibility Act.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0003; 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 Operations office (telephone 800-647-
5527) is in the ADDRESSES section.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 Airworthiness Directive (AD)
2013-03-23, Amendment 39-17357 (78 FR 11567, February 19, 2013), and
adding the following new AD:
2014-15-19 Gulfstream Aerospace LP (Type Certificate Previously Held
by Israel Aircraft Industries, Ltd.): Amendment 39-17922. Docket No.
FAA-2014-0003; Directorate Identifier 2013-NM-103-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective October 14,
2014.
(b) Affected ADs
This AD replaces AD 2013-03-23, Amendment 39-17357 (78 FR 11567,
February 19, 2013).
(c) Applicability
This AD applies to Gulfstream Aerospace LP (Type Certificate
previously held by Israel Aircraft Industries, Ltd.) Model
Gulfstream G150 airplanes, certificated in any category, all serial
numbers.
(d) Subject
Air Transport Association (ATA) of America Code 01, Operations
information.
(e) Reason
This AD was prompted by the issuance of a revision to the
airplane flight manual (AFM), which modifies runway slope and anti-
ice corrections to both V1 and takeoff distance values.
We are issuing this AD to prevent the use of published, non-
conservative data, which could result in the inability to meet the
required takeoff performance, with a consequent hazard to safe
operation during performance-limited takeoff operations.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained AFM Revision
This paragraph restates the actions required by paragraph (g) of
AD 2013-03-23, Amendment 39-17357 (78 FR 11567, February 19, 2013).
Within 60 days after March 26, 2013 (the effective date of AD 2013-
03-23), revise Section V, Performance, of the Gulfstream G150 AFM to
include the information in Gulfstream G150 Temporary Revision (TR)
3, dated December 14, 2011. This TR introduces corrections for
runway slope. Operate the airplane according to the procedures in
this TR.
Note 1 to paragraph (g) of this AD: The AFM revision required by
paragraph (g) of this AD may be done by inserting copies of
Gulfstream G150 TR 3, dated December 14, 2011, into the AFM. When
this TR has been included in general revisions of the AFM, the
general revisions may be inserted in the AFM, provided the relevant
information in the general revision is identical to that in
Gulfstream G150 TR 3, dated December 14, 2011, and the TR may be
removed.
(h) New AFM Revision
Within 60 days after the effective date of this AD, revise the
Gulfstream G150 AFM to incorporate the information in Section V,
Performance, of the Gulfstream G150 AFM G150-1001-1, Revision 17,
dated April 17, 2013. Revision 17 of this AFM contains revisions of
runway slope and anti-ice corrections to the V1 and
takeoff distance values. Before further flight, after accomplishing
the revision, remove Gulfstream G150 TR 3, dated December 14, 2011,
or the information contained in Gulfstream G150 TR 3, dated December
14, 2011, from the AFM. Operate the airplane according to the
procedures in Section V, Performance, of Gulfstream G150 AFM G150-
1001-1, Revision 17, dated April 17, 2013. Revising the AFM to
Gulfstream G150 AFM G150-1001-1, Revision 17, dated April 17, 2013,
terminates the action required by paragraph (g) of this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom Stafford,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1622; fax 425-227-1149. Information may be
emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the Civil
Aviation Authority of Israel (CAAI); or the CAAI's authorized
Designee. If approved by the CAAI Designee, the approval must
include the Designee's authorized signature.
(j) Special Flight Permits
Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.
(k) Related Information
Refer to Mandatory Continuing Airworthiness Information (MCAI)
Israel Airworthiness Directive 01-12-02-02-R1, dated April 23, 2013,
for related information. You may examine the MCAI in the AD docket
on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0003-0002.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Gulfstream G150 AFM G150-1001-1, Revision 17, dated April
17, 2013.
(ii) Reserved.
(3) The following service information was approved for IBR on
March 26, 2013 (78 FR 11567, February 19, 2013).
(i) Gulfstream G150 Temporary Revision 3, dated December 14,
2011, to Section V, Performance, of the Gulfstream G150 AFM.
(ii) Reserved.
(4) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station D-25,
Savannah, GA 31402-2206; telephone 800-810-4853; fax 912-965-3520;
email [email protected]; Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.
(5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(6) You may view this service information that is incorporated
by reference at the National Archives and Records
[[Page 53288]]
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 Renton, Washington, on July 14, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-18311 Filed 9-8-14; 8:45 am]
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