Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 7945 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(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. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2009– 

0045, dated February 27, 2009, and the 

service information listed in Table 1 of this 

AD, for related information. 

TABLE 1—RELATED SERVICE INFORMATION

Airbus Service Information Issue/revision Date 

Airbus A300–600 Operations Engineering Bulletin 121 ........................................................................... 1 ............................ May 2008. 

Airbus A310 Operations Engineering Bulletin 160 ................................................................................... 2 ............................ October 2008. 

Airbus Mandatory Service Bulletin A300–25–6214 .................................................................................. Original .................. February 3, 2009. 

Airbus Mandatory Service Bulletin A300–25A6210 ................................................................................. Original .................. July 9, 2008. 

Airbus Mandatory Service Bulletin A310–25–2202 .................................................................................. Original .................. February 3, 2009. 

Airbus Mandatory Service Bulletin A310–25A2199 ................................................................................. Original .................. July 9, 2008. 

Material Incorporated by Reference 

(i) You must use the service information 

contained in Table 2 of this AD to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

TABLE 2—MATERIAL INCORPORATED BY REFERENCE

Airbus Service Information Issue/revision Date 

Airbus A300–600 Operations Engineering Bulletin 121 ........................................................................... 1 ............................ May 2008. 

Airbus A310 Operations Engineering Bulletin 160 ................................................................................... 2 ............................ October 2008. 

Airbus Mandatory Service Bulletin A300–25–6214 .................................................................................. Original .................. February 3, 2009. 

Airbus Mandatory Service Bulletin A300–25A6210 excluding Appendix 1, and including Appendices 2 

and 3.

Original .................. July 9, 2008. 

Airbus Mandatory Service Bulletin A310–25–2202 .................................................................................. Original .................. February 3, 2009. 

Airbus Mandatory Service Bulletin A310–25A2199 excluding Appendix 1, and including Appendices 2 

and 3.

Original .................. July 9, 2008. 

(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 Airbus SAS–EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

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: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on February 

11, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–3222 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0121; Directorate 

Identifier 2010–CE–001–AD; Amendment 

39–16207; AD 2010–04–14] 

RIN 2120–AA64 

Airworthiness Directives; Augustair, 

Inc. Models 2150, 2150A, and 2180 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Augustair, Inc. Models 2150, 2150A, 

and 2180 airplanes. This AD requires 

you to inspect the vertical stabilizer 

front spar for cracks and loose fasteners, 

repair any cracks and loose fasteners 

found, and reinforce the vertical 

stabilizer spar regardless if cracks are 

found. This AD results from six reports 

of airplanes with a cracked vertical 

stabilizer front spar. We are issuing this 

AD to detect and correct cracks in the 

vertical stabilizer front spar, which 

could result in separation of the vertical 

stabilizer from the airplane. This failure 

could lead to loss of control. 

DATES: This AD becomes effective on 

March 24, 2010. 

On March 24, 2010, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive any comments on 

this AD by April 9, 2010. 

ADDRESSES: Use one of the following 

addresses to comment on this AD. 

• 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. 

To get the service information 

identified in this AD, contact Augustair, 

Inc., 1809 Hephzibah McBean Rd., 

Hephzibah, Georgia 30815; telephone: 

mstockstill on DSKH9S0YB1PROD with RULES

7946 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 

(706) 836–8610; fax: (706) 925–2847; 

Internet: http://VG21squadron.com; email: lorenperry@aol.com. 

To view the comments to this AD, go 

to http://www.regulations.gov. The 

docket number is FAA–2010–0121; 

Directorate Identifier 2010–CE–001–AD. 

FOR FURTHER INFORMATION CONTACT: Hal 

Horsburgh, Aerospace Engineer, FAA, 

Atlanta Aircraft Certification Office 

(ACO), 1701 Columbia Avenue, College 

Park, Georgia 30337; telephone: (404) 

474–5553; fax: (404) 474–5606; e-mail: 

hal.horsburgh@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received a maintenance problem 

report on an Augustair, Inc. Model 2180 

indicating the vertical stabilizer front 

spar was cracked completely across the 

Web. In addition, the fasteners attaching 

the splice plates spanning the spar 

flange cuts were loose. We have also 

received five additional reports of 

Augustair, Inc. Models 2150A and 2180 

airplanes with cracks in the vertical 

stabilizer front spar. 

This condition, if not corrected, could 

result in separation of the vertical 

stabilizer from the airplane. This failure 

could lead to loss of control. 

Relevant Service Information 

We reviewed Augustair Service 

Bulletin SB2009–1, Revision B, dated 

February 2, 2010. The service 

information describes procedures for 

doing a detailed inspection of the 

vertical stabilizer front spar for cracks or 

loose fasteners, repairing any damage 

found, and installing a doubler to the 

vertical stabilizer front spar. 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because we 

evaluated all the information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This AD requires you to 

inspect the vertical stabilizer front spar 

for cracks and loose fasteners, repair any 

cracks found, replace loose or damaged 

fasteners, and reinforce the vertical 

stabilizer spar regardless if cracks are 

found. 

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 cracks in the vertical 

stabilizer front spar could lead to 

separation of the vertical stabilizer from 

the airplane and consequent loss of 

control. 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 an 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments regarding this 

AD. Send your comments to an address 

listed under the ADDRESSES section. 

Include the docket number ‘‘FAA–2010– 

0121; Directorate Identifier 2010–CE– 

001–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD. We will consider all 

comments received by the closing date 

and may amend the AD in light 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 

concerning 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. 

Examining the AD Docket 

You may examine the AD docket that 

contains the AD, the regulatory 

evaluation, any comments received, and 

other information 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 Docket Office (telephone (800) 647– 

5527) is located at the street address 

stated in the ADDRESSES section. 

Comments will be 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 

■ 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 adding 

the following new airworthiness 

directive (AD): 

2010–04–14 Augustair, Inc.: Amendment 

39–16207; Docket No. FAA–2010–0121; 

Directorate Identifier 2010–CE–001–AD. 

Effective Date 

(a) This AD becomes effective on March 24, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following 

airplane models and serial numbers that are 

certificated in any category: 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 7947 

Model Serial Numbers Note 

2150 .......................................... FP–1 through FP–10 and MS–1–P ............................................. These aircraft were produced by Morrisey 

Aviation Inc. 

2150A ........................................ SFP–11, SP12 through SP–33, and SP–35 through SP–45 ...... These aircraft were produced by Shinn Engineering Company, Santa Ana, California, under licensing agreement with 

Morrisey Aviation Inc. 

2150A ........................................ VAC–50 through VAC–52, and VAC–54–76 through VAC–189– 

85.

These aircraft were produced by Varga Aircraft Corporation, Chandler, Arizona. 

2180 .......................................... VAC–68–77 through VAC–191–82 .............................................. These aircraft were produced by Varga Aircraft Corporation, Chandler, Arizona. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 55: Stabilizers. 

Unsafe Condition 

(e) This AD is the result of six reports of 

Augustair, Inc. Models 2150A and 2180 

airplanes with a cracked vertical stabilizer 

front spar. We are issuing this AD to detect 

and correct cracks in the vertical stabilizer 

front spar, which could result in separation 

of the vertical stabilizer from the airplane. 

This failure could lead to loss of control. 

Compliance 

(f) To address this problem, you must do 

the following, unless already done: 

(1) Before further flight after March 24, 

2010 (the effective date of this AD), visually 

inspect the vertical stabilizer front spar for 

cracks and other damage (loose fasteners, 

corrosion, scratches) following section 2, 

paragraph A, of Augustair Service Bulletin 

SB2009–1, Revision B, dated February 2, 

2010. 

(2) At the applicable compliance time 

specified in paragraph (f)(2)(i) and (f)(2)(ii) of 

this AD, do a detailed inspection of the 

vertical stabilizer front spar for cracks and 

other damage, repair any damage found, and 

install a doubler to the vertical stabilizer 

front spar following section 2, paragraph B, 

of Augustair Service Bulletin SB2009–1, 

Revision B, dated February 2, 2010. 

(i) Before further flight after the inspection 

required in paragraph (f)(1) of this AD where 

cracks or other damage is found; or 

(ii) Within 10 hours time-in-service (TIS) 

after the inspection required in paragraph 

(f)(1) of this AD where no cracks or other 

damage was found. 

(3) Report the inspection results from 

paragraph (f)(2) of this AD within 30 days 

after the inspection or within 30 days after 

March 24, 2010 (the effective date of this 

AD), whichever occurs later. Send your 

report to ATTN: Hal Horsburgh, Aerospace 

Engineer, FAA, Atlanta Aircraft Certification 

Office (ACO), 1701 Columbia Avenue, 

College Park, Georgia 30337; fax: (404) 474– 

5606; e-mail: hal.horsburgh@faa.gov. The 

Office of Management and Budget (OMB) 

approved the information collection 

requirements contained in this regulation 

under the provisions of the Paperwork 

Reduction Act and assigned OMB Control 

Number 2120–0056. Include in your report 

the following information: 

(1) Aircraft model and serial number; 

(2) Aircraft hours TIS; 

(3) Answer whether any crack was found 

and, if so, the crack location and size; 

(4) Description of any previous 

modifications or repairs in the vertical 

stabilizer spar attachment area or if the 

airplane was modified with a different engine 

model or propeller model than originally 

installed on the airplane and hours TIS when 

the modification was done; 

(5) Corrective action taken; 

(6) Answer yes or no whether other damage 

was found; and if so, describe it; 

(7) Point of contact name and phone 

number; and 

(8) Clearly identify the AD No., Docket No., 

and Directorate Identifier of the AD action 

requiring the report. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Atlanta Aircraft 

Certification Office (ACO), 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: Hal 

Horsburgh, Aerospace Engineer, FAA, 

Atlanta Aircraft Certification Office (ACO), 

1701 Columbia Avenue, College Park, 

Georgia 30337; telephone: (404) 474–5553; 

fax: (404) 474–5606; e-mail: 

hal.horsburgh@faa.gov. 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. 

Material Incorporated by Reference 

(h) You must use Augustair Service 

Bulletin SB2009–1, Revision B, dated 

February 2, 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 Augustair, Inc., 1809 

Hephzibah McBean Rd., Hephzibah, Georgia 

30815; telephone: (706) 836–8610; fax: (706) 

925–2847; Internet: http:// 

VG21squadron.com; e-mail: 

lorenperry@aol.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 (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 

February 11, 2010. 

Steven W. Thompson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–3185 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0747; Directorate 

Identifier 2009–NE–28–AD; Amendment 39– 

16199; AD 2010–04–06] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH (TAE) Model 

TAE 125–01 Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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: 

An in-flight engine shutdown incident was 

reported on an aircraft equipped with a TAE 

125–01 engine. This was found to be mainly 

the result of a blockage of the scavenge oil 

gear pump due to a broken axial bearing of 

the turbocharger. The broken parts were 

sucked into the oil pump and caused seizure. 

With the pump inoperative, the separator 

overfilled, causing the engine oil to escape 

via the breather vent line. This caused a loss 

of oil that resulted in the engine overheating 

and subsequent shutdown. 

mstockstill on DSKH9S0YB1PROD with RULES