
[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Proposed Rules]               
[Page 34953-34956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn10-21]                         

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0463; Directorate Identifier 2010-CE-021-AD]
RIN 2120-AA64

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

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would revise an existing AD. 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: Inspection of a high time

[[Page 34954]]

aircraft has revealed cracks in the Horizontal Stabilizer rear spar 
splice plate and inboard main ribs around the area of the Horizontal 
Stabilizer rear pivot attachment. Additionally, failure of some attach 
bolts in service may be due to improper assembly. This amendment is 
issued to include an applicability matrix (Table 1, page 2) in the 
compliance section of the service bulletin for improved clarity. 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 August 5, 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: 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:

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-2010-0463; 
Directorate Identifier 2010-CE-021-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://
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

    On April 20, 2010, we issued AD 2010-10-01, Amendment 39-16280 (75 
FR 23577, May 4, 2010). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2010-10-01, the foreign authority has issued an 
amendment to include an applicability matrix in the compliance section 
of the manufacturer's service bulletin for improved clarity. The FAA is 
proposing to revise this AD to allow the use of issue 6 or issue 5 of 
the service bulletin. An operator would be in compliance if the 
operator chose to only accomplish issue 5 of the SB. This proposed 
revision of the FAA's AD will make the FAA AD more in line with the 
latest version of the received MCAI.
    The Civil Aviation Safety Authority (CASA), which is the aviation 
authority for Australia, has issued AD/GA8/5, Amdt 4, dated May 11, 
2010 (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 Stabilizer rear spar splice plate and inboard main ribs 
around the area of the Horizontal Stabilizer rear pivot attachment. 
Additionally, failure of some attach bolts in service may be due to 
improper assembly.
    This amendment is issued to include an applicability matrix 
(Table 1, page 2) in the compliance section of the service bulletin 
for improved clarity.
    The previous amendment included reference to the GA8-TC 320 
variant in the applicability section.
    Amendment 2 was issued because the requirement document now 
contains an inspection for cracking in horizontal stabilizers which 
have load transferring fittings installed.
    Previous amendments of this AD listed the AD requirements in 
full. Due to the extensive use of diagrams and photographs, it is no 
longer appropriate or practical to write the requirements of the 
service bulletin out in full in this AD. All requirements, 
accomplishment instructions and illustrations are contained in the 
service bulletin.

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 6, dated April 21, 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 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.

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 proposed AD will affect 25 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $0 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $2,125, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 5 work-hours and require parts costing $200, for a cost of 
$625 per product. We have no way of determining the number of products 
that may need these actions.

[[Page 34955]]

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, Incorporation by 
reference, 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 removing Amendment 39-16280 (75 FR 
23577, May 4, 2010), and adding the following new AD:

GA 8 Airvan (Pty) Ltd.: Docket No. FAA-2010-0463; Directorate 
Identifier 2010-CE-021-AD.

Comments Due Date

    (a) We must receive comments by August 5, 2010.

Affected ADs

    (b) This AD revises AD 2010-10-01, Amendment 39-16280.

Applicability

    (c) This AD applies to the following model and serial number 
airplanes, certificated in any category:
    (1) Group 1 Airplanes (retains the actions and applicability 
from AD 2009-05-01): Model GA8 airplanes, serial numbers GA8-00-004 
and up; and
    (2) Group 2 Airplanes: Model GA8-TC320 airplanes, all serial 
numbers.

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 to include an applicability matrix 
(Table 1, page 2) in the compliance section of the service bulletin 
for improved clarity.
    The previous amendment included reference to the GA8-TC 320 
variant in the applicability section.
    Amendment 2 was issued because the requirement document now 
contains an inspection for cracking in horizontal stabilisers which 
have load transferring fittings installed.
    Previous amendments of this AD listed the AD requirements in 
full. Due to the extensive use of diagrams and photographs, it is no 
longer appropriate or practical to write the requirements of the 
service bulletin out in full in this AD. All requirements, 
accomplishment instructions and illustrations are contained in the 
service bulletin.
    The FAA is revising AD 2010-10-01 to allow the use of issue 6 or 
issue 5 of the service bulletin. An operator is in compliance if the 
operator chooses to only accomplish issue 5 of the SB. This proposed 
revision of the FAA's AD will make the FAA AD more consistent with 
the latest version of the MCAI.

Actions and Compliance

    (f) For Group 1 Airplanes: Unless already done, do the following 
actions:
    (1) Within the next 10 hours time-in-service (TIS) after March 
2, 2009 (the effective date retained from AD 2009-05-01):
    (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; or Gippsland Aeronautics Mandatory 
Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010; 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; or Gippsland Aeronautics Mandatory Service Bulletin SB-
GA8-2002-02, Issue 6, dated April 21, 2010. 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; or Gippsland Aeronautics Mandatory Service 
Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010.
    (2) Within the next 10 hours TIS after March 2, 2009 (the 
effective date retained from AD 2009-05-01) 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; or Gippsland Aeronautics 
Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 
2010; 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; or Gippsland Aeronautics Mandatory Service Bulletin SB-
GA8-2002-02, Issue 6, dated April 21, 2010.
    (3) 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, before further flight, obtain an FAA-approved repair 
scheme from the manufacturer and incorporate this repair scheme. Due 
to FAA policy, the repair scheme/modification for crack damage must 
include an immediate repair of the crack. The repair scheme cannot 
be by repetitive inspection only. The repair scheme/modification may 
incorporate repetitive inspections in addition to the repetitive 
inspections required in paragraph (f)(2) of this AD. Continued 
operational flight with un-repaired crack damage is not permitted.

[[Page 34956]]

    (g) For Group 2 Airplanes: Unless already done, do the following 
actions:
    (1) Within the next 10 hours TIS after May 10, 2010 (the 
effective date retained from AD 2010-10-01):
    (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; or Gippsland Aeronautics Mandatory 
Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010; 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; or Gippsland Aeronautics Mandatory Service Bulletin SB-
GA8-2002-02, Issue 6, dated April 21, 2010. 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, before further flight, replace the parts as 
specified in Gippsland Aeronautics Mandatory Service Bulletin SB-
GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland 
Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, 
dated April 21, 2010.
    (2) Within the next 10 hours TIS after May 10, 2010 (the 
effective date retained from AD 2010-10-01) 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; or Gippsland Aeronautics 
Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 
2010; 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; or Gippsland Aeronautics Mandatory Service Bulletin SB-
GA8-2002-02, Issue 6, dated April 21, 2010.
    (3) If during the inspection required by paragraph (g)(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, before further flight, obtain an FAA-approved repair 
scheme from the manufacturer and incorporate this repair scheme. Due 
to FAA policy, the repair scheme/modification for crack damage must 
include an immediate repair of the crack. The repair scheme cannot 
be by repetitive inspection only. The repair scheme/modification may 
incorporate repetitive inspections in addition to the repetitive 
inspections required in paragraph (g)(2) of this AD. Continued 
operational flight with un-repaired 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 AD 2009-05-01 for Group 1 airplanes and AD 2010-
10-01 for Group 2 airplanes.
    (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 paragraphs 
(f)(2) and (g)(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

    (h) 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

    (i) Refer to MCAI Civil Aviation Safety Authority AD No. AD/GA8/
5, Amdt 4, dated May 11, 2010; Gippsland Aeronautics Mandatory 
Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; 
and Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, 
Issue 6, dated April 21, 2010, for related information.

    Issued in Kansas City, Missouri, on June 14, 2010.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2010-14986 Filed 6-18-10; 8:45 am]
BILLING CODE 4910-13-P

