AD 2007-04-12

[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Rules and Regulations]
[Pages 7578-7580]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-2516]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Document No. FAA-2007-27174; Directorate Identifier 2007-CE-006-AD; 
Amendment 39-14944; AD 2007-04-12]
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. 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 AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective March 8, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 8, 
2007.
    We must receive comments on this AD by March 19, 2007.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> DOT Docket Web Site: Go to <a href="http://dms.dot.gov">http://dms.dot.gov</a> and follow 
the instructions for sending your comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
Follow the instructions for submitting comments.

[[Page 7579]]

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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) 647-5227) 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: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The Civil Aviation Safety Authority (CASA), which is the aviation 
authority for Australia, has issued CASA AD No. AD/GA8/5, Amdt 1, dated 
January 24, 2007 (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.

    The MCAI requires:

    This Airworthiness Directive addresses the problem using 5 
separate inspections. The first is a brief daily external 
inspection. The other 4 inspections are a mixture of internal and 
external inspections as well as some parts replacement to be carried 
out at the next periodic inspection.

    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 4, dated January 4, 2007. 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 also have required 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 AD.

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-2007-27174; Directorate 
Identifier 2007-CE-006-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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>, 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

[[Page 7580]]

    (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 adding the following new AD:

2007-04-12 Gippsland Aeronautics Pty. Ltd.: Amendment 39-14944; 
Docket No. FAA-2007-27174; Directorate Identifier 2007-CE-006-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 8, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all 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.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within the next 10 hours time-in-service (TIS) after March 
8, 2007 (the effective date of this AD):
    (i) For all aircraft not incorporating CNC machined elevator 
hinges, inspect and repair as required, 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 4, 
dated January 4, 2007; and,
    (ii) For all aircraft replace the left and right rear attach 
bolt following instruction ``5. Rear Attach Bolt Replacement,'' of 
Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, 
Issue 4, dated January 4, 2007.
    (2) Within the next 10 hours TIS after March 8, 2007 (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 4, dated January 4, 2007; and
    (ii) Inspect the horizontal stabilizer internally following 
instruction ``4. Internal Inspection,'' of Gippsland Aeronautics 
Mandatory Service Bulletin SB-GA8-2002-02, Issue 4, dated January 4, 
2007.
    (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. 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 (Stabiliser attach 
bolt)'' of the MCAI 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 MCAI. 
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, 
Stabiliser rear spar)'' of the MCAI 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.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, ACE-112, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-
4090, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19.
    (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

    (h) Refer to MCAI CASA AD No. AD/GA8/5, Amdt 1, dated January 
24, 2007; and Gippsland Aeronautics Mandatory Service Bulletin SB-
GA8-2002-02, Issue 4, dated January 4, 2007, for related 
information.

Material Incorporated by Reference

    (i) You must use Gippsland Aeronautics Mandatory Service 
Bulletin SB-GA8-2002-02, Issue 4, dated January 4, 2007, 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; fax: +61 03 5172 1201; Internet: 
<a href="http://www.gippsaero.com">http://www.gippsaero.com</a>.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on February 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-2516 Filed 2-15-07; 8:45 am]
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