2010-21063. Airworthiness Directives; GA 8 Airvan (Pty) Ltd Models GA8 and GA8-TC320 Airplanes

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comm ents.

SUMMARY:

We are adopting a new airworthiness directive (AD) for the products listed above that will supersede an existing AD. 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:

Inspections have revealed cases of excessive wear in the forward slide of the cargo door. Excessive wear in the door slide may result in the door becoming detached from the aircraft in flight, with potentially catastrophic results.

This AD requires actions that are intended to address the unsafe condition described in the MCAI.

DATES:

This AD becomes effective August 30, 2010.

On August 30, 2010, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD.

We must receive comments on this AD by October 12, 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: [phone].
• 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 AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone [phone]) 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: [phone]; fax: [phone].

SUPPLEMENTARY INFORMATION:

Discussion

On October 18, 2005, we issued AD 2005-22-02, Amendment 39-14346 (70 FR 61547; October 25, 2005). That AD required actions intended to address an unsafe condition on the products listed above.

Since we issued AD 2005-22-02, there has been another report of an in-flight cargo door separation. Consequently, GA 8 Airvan (Pty) Ltd has revised the service information by improving the inspection method and making a minor design change to the door slide.

The Civil Aviation Safety Authority (CASA), which is the aviation authority for Australia, has issued AD/GA8/3, Amdt 2, dated August 11, 2010 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

Inspections have revealed cases of excessive wear in the forward slide of the cargo door. Excessive wear in the door slide may result in the door becoming detached from the aircraft in flight, with potentially catastrophic results.

Following a recent in-flight door separation, this amendment is issued to update the service bulletin to remove any ambiguities that could have existed in the previous revision to the referenced service bulletin. It also provides an improved inspection method and a minor design change to the cargo door slide (inclusion of slide backing plate, castellated nut and spilt [sic] pin).

You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

GippsAero Pty. Ltd. has issued Mandatory Service Bulletin SB-GA8-2005-23, Issue 3, dated August 5, 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 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 have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI.

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 an in-flight separation of the door could potentially strike 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-2010-0847; Directorate Identifier 2010-CE-046-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 http://www.regulations.gov,, 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

(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

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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.

§ 39.13

[Amended]

2. The FAA amends § 39.13 by removing Amendment 39-14346 ( 70 FR 61547; October 25, 2005), and adding the following new AD:

2010-18-06 GA 8 AIRVAN (PTY) LTD: Amendment 39-16419; Docket No. FAA-2010-0847; Directorate Identifier 2010-CE-046-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective August 30, 2010.

Affected ADs

(b) This AD supersedes AD 2005-22-02, Amendment 39-14346.

Applicability

(c) This AD applies to GA 8 Airvan (Pty) Ltd Models GA8 and GA8-TC320 airplanes, all serial numbers, certificated in any category.

Subject

(d) Air Transport Association of America (ATA) Code 52: Doors.

Reason

(e) The mandatory continuing airworthiness information (MCAI) states:

Inspections have revealed cases of excessive wear in the forward slide of the cargo door. Excessive wear in the door slide may result in the door becoming detached from the aircraft in flight, with potentially catastrophic results.

Following a recent in-flight door separation, this amendment is issued to update the service bulletin to remove any ambiguities that could have existed in the previous revision to the referenced service bulletin. It also provides an improved inspection method and a minor design change to the cargo door slide (inclusion of slide backing plate, castellated nut and spilt [sic] pin).

Actions and Compliance

(f) Unless already done, do the following actions:

(1) Within 500 hours total time-in-service (TIS) of the airplane or within the next 10 hours TIS after August 30, 2010 (the effective date of this AD), whichever occurs later, do all of Action 1: of GippsAero Pty. Ltd. Mandatory Service Bulletin SB-GA8-2005-23, Issue 3, dated August 5, 2010.

(2) Within 100 hours TIS after doing the actions in paragraph (f)(1) of this AD or within 12 calendar months after doing the actions in paragraph (f)(1) of this AD, whichever occurs first, and repetitively thereafter at intervals not to exceed 100 hours TIS or 12 calendar months, whichever occurs first, do all of Action 2: of GippsAero Pty. Ltd. Mandatory Service Bulletin SB-GA8-2005-23, Issue 3, dated August 5, 2010.

(3) If a cracked or excessively worn slider is found during any inspection required in paragraph (f)(1) or (f)(2) of this AD, before further flight replace the slider.

FAA AD Differences

Note:

This AD differs from the MCAI and/or service information as follows: The MCAI and service information only list the Model GA8 in the applicability. The cargo door for the Model GA8-TC320 has the same design and this AD also applies to the Model GA8-TC320.

Other FAA AD Provisions

(g) 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: [phone]; fax: [phone]. 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

(h) Refer to MCAI Civil Aviation Safety Authority AD No. AD/GA8/3, Amdt 2, dated August 11, 2010, and GippsAero Pty. Ltd. Mandatory Service Bulletin SB-GA8-2005-23, Issue 3, dated August 5, 2010, for related information.

Material Incorporated by Reference

(i) You must use GippsAero Pty. Ltd. Mandatory Service Bulletin SB-GA8-2005-23, Issue 3, dated August 5, 2010, 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 GippsAero Pty. Ltd., Attn: Technical Services, P.O. Box 881, Morwell, Victoria 3840, Australia; telephone: + 61 03 5172 1200; fax: [phone]; Internet: http://www.gippsaero.com.

(3) You may review copies of the service information incorporated by reference for this AD at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the Central Region, call [phone].

(4) You may also review copies of the service information incorporated by reference for this AD at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call [phone], or go to: http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.

Issued in Kansas City, Missouri, on August 18, 2010.

John R. Colomy,

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.