[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Proposed Rules]
[Pages 60128-60130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27167]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1166; Product Identifier 2017-CE-042-AD]
RIN 2120-AA64


Airworthiness Directives; GA 8 Airvan (Pty) Ltd Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2013-19-
12 for GA 8 Airvan (Pty) Ltd Models GA8 and GA8-TC320 airplanes. 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 the fuel system integral sump 
tank does not meet FAA regulations. We are issuing this proposed AD to 
require actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by February 2, 
2018.

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.
    For service information identified in this proposed AD, contact GA 
8 Airvan (Pty) Ltd, c/o GippsAero Pty Ltd, Attn: Technical Services, 
P.O. Box 881, Morwell Victoria 3840, Australia; telephone: + 61 03 5172 
1200; fax: +61 03 5172 1201; email: 
[email protected]. You may review copies of the 
referenced service information at the FAA, Policy and Innovation 
Division, 901 Locust, Kansas City, Missouri 64106. For information on 
the availability of this material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1166; 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

[[Page 60129]]

ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: 
[email protected].

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-2017-1166; 
Product Identifier 2017-CE-042-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

    We issued AD 2013-19-12, Amendment 39-17594 (78 FR 58872, September 
25, 2013) (``AD 2013-19-12''). That AD required actions intended to 
address an unsafe condition on GA 8 Airvan (Pty) Ltd Models GA8 and 
GA8-TC320 airplanes and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country.
    Since we issued AD 2013-19-12, the related service information has 
been amended to incorporate a modification to ventilate the area around 
the integral sump tank.
    The Civil Aviation Safety Authority (CASA), which is the aviation 
authority for Australia, has issued AD No. AD/GA8/7, Amendment 1, dated 
November 13, 2017 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    The GippsAero GA8 and GA8-TC 320 aircraft Mk II fuel system 
features an integral sump tank located in the floor structure 
forward of the co-pilot seat. The current configuration of the 
compartments adjacent to the Mk II sump tank does not meet the 
requirements of regulation 23.967 (b) of the Federal Aviation 
Regulations of the United States of America in that they are not 
suitably ventilated and drained to prevent the accumulation of 
flammable fluids or vapours.
    Amendment 1 of this [CASA] directive mandates ventilation of the 
area around the integral sump tank as presented in SB-GA8-2012-96 
Issue 6 to meet the requirements of regulation 23.967 (b) of the 
Federal Aviation Regulations of the United States of America.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1166.

Related Service Information Under 1 CFR Part 51

    GippsAero has issued Service Bulletin SB-GA8-2012-96, Issue 6, 
dated July 21, 2016. This service information describes procedures for 
modifying the fuel ventilation and drainage system. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of This 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.

Costs of Compliance

    We estimate that this proposed AD will affect 47 products of U.S. 
registry. We also estimate that it would take about 3 work-hours per 
product to do fuel system ventilation and drainage modification 
requirement of this proposed AD (this action is retained from AD 2013-
19-12). The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of this portion of 
this proposed AD on U.S. operators to be $11,985, or $255 per product.
    We also estimate that it would take about 4 work-hours per product 
to do the supplementary fuel ventilation modification requirement of 
this proposed AD. The average labor rate is $85 per work-hour. Required 
parts would cost about $932 per product.
    Based on these figures, we estimate the cost of this portion of 
this proposed AD on U.S. operators to be $59,784, or $1,272 per 
product.
    In addition, we estimate that it would take about 4 work-hours per 
product to do the cargo pod modification requirement of this proposed 
AD (this action is retained from AD 2013-19-12). The average labor rate 
is $85 per work-hour. Required parts would cost about $1,000 per 
product, for a proposed cost of $1,340 per product. We have no way of 
determining the number of products that may need this action.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes and domestic 
business jet transport airplanes to the Director of the Policy and 
Innovation Division.

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

[[Page 60130]]

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),
    (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 under the criteria 
of the Regulatory Flexibility Act.

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

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 39-17594 (78 FR 
58872, September 25, 2013), and adding the following new AD:

GA 8 Airvan (Pty) Ltd: Docket No. FAA-2017-1166; Product Identifier 
2017-CE-042-AD.

(a) Comments Due Date

    We must receive comments by February 2, 2018.

(b) Affected ADs

    This AD replaces AD 2013-19-12, Amendment 39-17594 (78 FR 58872, 
September 25, 2013) (``AD 2013-19-12'').

(c) Applicability

    This AD applies to the following GA 8 Airvan (Pty) Ltd airplane 
models and serial numbers (S/Ns) presented in paragraphs (c)(1) and 
(c)(2) that are certificated in any category:
    (1) Group 1 Airplanes:
    (i) Model GA8: S/N GA8-02-012 and S/Ns 128 through 205; and
    (ii) Model GA8-TC320: S/Ns GA8-TC 320-02-016, GA8-TC 320-03-025, 
GA8-TC 320-09-120, and S/Ns 129 through 205.
    (2) Group 2 Airplanes:
    (i) Model GA8: S/N GA8-02-012 and S/Ns 128 through 246; and
    (ii) Model GA8-TC320: S/Ns GA8-TC 320-02-016, GA8-TC 320-03-025, 
GA8-TC 320-09-120, and S/Ns 129 through 246.

    Note 1 to paragraph (c) of this AD: The last three digits (third 
tier designation) of the affected airplane model S/Ns are sequential 
regardless of the model designation (first tier designation) or the 
year produced (second tier designation).

(d) Subject

    Air Transport Association of America (ATA) Code 21: Fuel System.

(e) Reason

    This AD was prompted by 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 the fuel system 
integral sump tank does not meet FAA regulations. We are issuing 
this AD to prevent the accumulation of flammable fluids or vapors, 
which could lead to a flammability issue.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) For all affected Group 1 airplanes: Within the next 100 
hours time-in-service (TIS) after the effective date of this AD or 
within the next 3 months after the effective date of this AD, 
whichever occurs first, modify the airplane following Part 1 of 
GippsAero Service Bulletin SB-GA8-2012-96, Issue 6, dated July 21, 
2016. If the airplane was previously affected under AD 2013-19-12 
and compliance with that AD has already been done, this AD allows 
credit for doing this modification following Part 1 of GippsAero 
Mandatory Service Bulletin SB-GA8-2012-96, Issue 4, dated August 12, 
2013.
    (2) For affected Group 1 airplanes that are equipped with a 
cargo pod part number GA8-255004-017 or GA8-255004-019: Before 
further flight after the modification required in paragraph (f)(1) 
of this AD, modify the cargo pod following part 2 of GippsAero 
Service Bulletin SB-GA8-2012-96, Issue 6, dated July 21, 2016. If 
the airplane was previously affected under AD 2013-19-12 and 
compliance with that AD has already been done, this AD allows credit 
for doing this modification following part 2 of GippsAero Mandatory 
Service Bulletin SB-GA8-2012-96, Issue 4, dated August 12, 2013.
    (3) For all affected Group 2 airplanes: Within the next 100 
hours TIS after the effective date of this AD or within 3 months 
after the effective date of this AD, whichever occurs first, modify 
the airplane following part 3 of GippsAero Service Bulletin SB-GA8-
2012-96, Issue 6, dated July 21, 2016.

(g) Credit for Actions Done Following Previous Service Information

    This AD allows credit for airplanes that were previously 
affected by AD 2013-19-12 and the actions required in paragraphs 
(f)(1) and (f)(2) of this AD were previously done following Part 1 
and Part 2 of GippsAero Mandatory Service Bulletin SB-GA8-2012-96, 
Issue 4, dated August 12, 2013.

(h) Other FAA AD Provisions

    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 Standards Branch, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; 
email: [email protected]. 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) 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, Standards 
Office, FAA; or the Civil Aviation Safety Authority (CASA).

(i) Related Information

    Refer to MCAI Civil Aviation Safety Authority (CASA), which is 
the aviation authority for Australia, has issued AD No. AD/GA8/7, 
Amendment 1, dated November 13, 2017; and GippsAero Mandatory 
Service Bulletin SB-GA8-2012-96, Issue 4, dated August 12, 2013. You 
may examine the MCAI on the internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2017-1166. For service 
information related to this AD, contact GA 8 Airvan (Pty) Ltd, c/o 
GippsAero Pty Ltd, Attn: Technical Services, P.O. Box 881, Morwell 
Victoria 3840, Australia; telephone: + 61 03 5172 1200; fax: +61 03 
5172 1201; email: [email protected]. You may 
review copies of the referenced service information at the FAA, 
Policy and Innovation Division, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on December 12, 2017.
Pat Mullen,
Acting Deputy Director, Policy & Innovation Division, Aircraft 
Certification Service.
[FR Doc. 2017-27167 Filed 12-18-17; 8:45 am]
 BILLING CODE 4910-13-P


