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[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Rules and Regulations]               
[Page 59077-59078]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se10-11]                         

[[Page 59077]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0260; Directorate Identifier 2010-CE-015-AD; 
Amendment 39-16440; AD 2010-20-06]
RIN 2120-AA64

 
Airworthiness Directives; GROB-WERKE (Type Certificate Previously 
Held by BURKHART GROB Luft- und Raumfahrt) Models G115C, G115D and 
G115D2 Airplanes

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

ACTION: Final rule.

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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 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 manufacturer has received a report of a failed canopy 
jettison test, during a regular maintenance check. The investigation 
revealed that a cable shroud of the jettison system protruded the 
canopy structure, which probably caused the malfunction. Inability 
to jettison the canopy in flight would prevent evacuation of the 
aeroplane in case of need.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective November 1, 2010.
    On November 1, 2010, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That SNPRM was published in the Federal Register on June 4, 
2010 (75 FR 31734). That SNPRM proposed to correct an unsafe condition 
for the specified products. The MCAI states:

    The manufacturer has received a report of a failed canopy 
jettison test, during a regular maintenance check. The investigation 
revealed that a cable shroud of the jettison system protruded the 
canopy structure, which probably caused the malfunction. Inability 
to jettison the canopy in flight would prevent evacuation of the 
aeroplane in case of need.
    For the reason stated above, this AD mandates an additional one 
time canopy jettison test and repair if necessary.

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

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM or on the determination 
of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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.

Costs of Compliance

    We estimate that this AD will affect 3 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements 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 $765 or $255 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 3 work-hours and require parts costing $68, for a cost of 
$323 per product. We have no way of determining the number of products 
that may need these actions.

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 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.

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 the NPRM, 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

[[Page 59078]]

available in the AD docket shortly after receipt.

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:

2010-20-06 GROB-WERKE (Type Certificate Previously Held by BURKHART 
GROB Luft- und Raumfahrt): Amendment 39-16440; Docket No. FAA-2010-
0260; Directorate Identifier 2010-CE-015-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
1, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to GROB-WERKE (Type Certificate Previously 
Held by BURKHART GROB Luft- und Raumfahrt) Models G115C, G115D, and 
G115D2 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:
    The manufacturer has received a report of a failed canopy 
jettison test, during a regular maintenance check. The investigation 
revealed that a cable shroud of the jettison system protruded the 
canopy structure, which probably caused the malfunction. Inability 
to jettison the canopy in flight would prevent evacuation of the 
aeroplane in case of need.
    For the reason stated above, this AD mandates an additional one 
time canopy jettison test and repair if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight after November 1, 2010 (the effective 
date of this AD), fabricate a placard (using at least 1/8-inch 
letters) with the following words and install the placard on the 
instrument panel within the pilot's clear view: ``AEROBATIC FLIGHT 
PROHIBITED.''
    (2) Before the next aerobatic flight after November 1, 2010 (the 
effective date of this AD), do a canopy jettison test following Grob 
Aircraft AG Service Bulletin No. MSB1078-164, dated July 21, 2009.
    (3) If the canopy jettison fails the test required in paragraph 
(f)(2) of this AD, before further aerobatic flight, contact Grob 
Aircraft AG, Customer Service, 86874 Tussenhausen-Mattsies, Germany, 
telephone: + 49 (0) 8268-998-105; fax; + 49 (0) 8268-998-200; e-
mail: productsupport@grob-aircraft.com, for an FAA-approved repair 
scheme and incorporate the repair scheme.
    (4) Within 7 days after doing the canopy jettison test required 
in paragraph (f)(2) of this AD or within 7 days after November 1, 
2010 (the effective date of this AD), whichever occurs later, submit 
a report of the test results using Appendix 1 of Grob Aircraft AG 
Service Bulletin No. MSB1078-164, dated July 21, 2009, to Grob 
Aircraft AG at the address specified in paragraph (f)(3)(i) of this 
AD.
    (5) After the corrective actions specified in paragraph (f)(3) 
or if the canopy jettison passed the test required in paragraph 
(f)(2) of this AD, before further flight, remove the placard that 
was installed in accordance with paragraph (f)(1) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI does not have a placard requirement. To 
eliminate any confusion and to ensure pilot awareness of the unsafe 
condition, we added a temporary placard requirement to this AD.

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: Greg Davison, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; 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

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2009-0279, dated December 23, 2009; and Grob Aircraft AG Service 
Bulletin No. MSB1078-164, dated July 21, 2009, for related 
information.

Material Incorporated by Reference

    (i) You must use Grob Aircraft AG Service Bulletin No. MSB1078-
164, dated July 21, 2009, 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 Grob 
Aircraft AG, Customer Service, 86874 Tussenhausen-Mattsies, Germany, 
Internet: http://www.grob-aircraft.eu/.
    (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 (816) 329-3768.
    (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 (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on September 16, 2010.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-23740 Filed 9-24-10; 8:45 am]
BILLING CODE 4910-13-P
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