AD 2013-19-12

[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Rules and Regulations]
[Pages 58872-58874]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-22978]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0823; Directorate Identifier 2013-CE-027-AD; 
Amendment 39-17594; AD 2013-19-12]
RIN 2120-AA64


Airworthiness Directives; GA 8 Airvan (Pty) Ltd 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 GA 8 
Airvan (Pty) Ltd Models GA8 and GA8-TC320 airplanes. 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 the fuel system integral sump tank does not meet FAA 
regulations. We are issuing this AD to require actions to address the 
unsafe condition on these products.

DATES: This AD is effective October 15, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 15, 
2013.
    We must receive comments on this AD by November 12, 2013.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 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; Internet: <a href="http://www.gippsaero.com/customer-support/technical-publications.aspx">http://www.gippsaero.com/customer-support/technical-publications.aspx</a>. You may review copies of the 
referenced service information at the FAA, Small Airplane Directorate, 
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 <a href="http://www.regulations.gov">http://www.regulations.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) 647-5527) 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; email: 
<a href="/cdn-cgi/l/email-protection#87e3e8f2e0a9f5f2e3e8ebf7efc7e1e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="54303b21337a2621303b38243c143235357a333b22">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The Civil Aviation Safety Authority (CASA), which is the aviation 
authority for Australia, has issued AD No. AD/GA8/7, dated September 2, 
2013 (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 do 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.

    This AD requires modifying the fuel system for ventilation and 
drainage. You may examine the MCAI on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating it in Docket No. FAA-
2013-0823.

Relevant Service Information

    GippsAero has issued Mandatory Service Bulletin SB-GA8-2012-96, 
Issue 4, dated August 12, 2013. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This 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.

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 the 
integral sump tank in the fuel system is not suitably ventilated and 
drained to prevent the accumulation of flammable fluids or vapors, 
which could lead to a flammability issue. 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-2013-0823; Directorate 
Identifier 2013-CE-027-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://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

[[Page 58873]]

Costs of Compliance

    We estimate that this AD will affect 35 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to do 
the fuel system ventilation and drainage modification requirement of 
this AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $8,925, or $255 per product.
    In addition, we estimate that it will take about 4 work-hours per 
product to do the cargo pod modification. The average labor rate is $85 
per work-hour. Required parts would cost about $1,000 per product, for 
a 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 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.

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 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.

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 adding the following new AD:

2013-19-12 GA 8 Airvan (Pty) Ltd: Amendment 39-17594; Docket No. 
FAA-2013-0823; Directorate Identifier 2013-CE-027-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 15, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following GA 8 Airvan (Pty) Ltd model and 
serial number airplane presented in paragraphs (c)(1) and (c)(2) 
that are certificated in any category:
    (1) Models GA8 airplanes, serial numbers GA8-02-012, GA8-TC 320-
02-16, GA8-TC 320-03-25, and GA8-TC 320-09-120.
    (2) Models GA8 and GA8-TC320, serial numbers GA8-08-128 through 
GA8A/GA8-TC 320-13-205. The last three digits (third tier 
designation) of the serial numbers 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 in paragraphs 
(f)(1) and (f)(2) of this AD.
    (1) For all affected airplanes: Within the next 100 hours time-
in-service (TIS) after October 15, 2013 (the effective date of this 
AD) or within 3 months after October 15, 2013 (the effective date of 
this AD), whichever occurs first, modify the airplane following Part 
1 of GippsAero Mandatory Service Bulletin SB-GA8-2012-96, Issue 4, 
dated August 12, 2013.
    (2) For affected airplanes 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 Mandatory Service Bulletin 
SB-GA8-2012-96, Issue 4, dated August 12, 2013.

(g) 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 Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#10747f65773e6265747f7c6078507671713e777f66"><span class="__cf_email__" data-cfemail="5b3f342e3c75292e3f34372b331b3d3a3a753c342d">[email&#160;protected]</span></a>. 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.

(h) Related Information

    Refer to MCAI Civil Aviation Safety Authority AD No. AD/GA8/7, 
dated September 2, 2013, for related information. You may examine 
the MCAI on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating it in Docket No. FAA-2013-0823.

(i) 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) GippsAero Mandatory Service Bulletin SB-GA8-2012-96, Issue 
4, dated August 12, 2013.
    (ii) Reserved.

[[Page 58874]]

    (3) For GippsAero service information identified in 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; Internet: 
<a href="http://www.gippsaero.com/customer-support/technical-publications.aspx">http://www.gippsaero.com/customer-support/technical-publications.aspx</a>.
    (4) You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material 
at the FAA, call (816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference 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 September 16, 2013.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-22978 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-13-P