Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 23577 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0463; Directorate 

Identifier 2010–CE–021–AD; Amendment 

39–16280; AD 2010–10–01] 

RIN 2120–AA64 

Airworthiness Directives; GA 8 Airvan 

(Pty) Ltd Models GA8 and GA8–TC320 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

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: 

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 amendment is issued to clarify the 

model applicability. 

The previous amendment was issued 

because the requirement document now 

contains an inspection for cracking in 

horizontal stabilisers which have load 

transferring fittings installed. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

10, 2010. 

As of March 2, 2009 (74 FR 8159; 

February 24, 2009), the Director of the 

Federal Register approved the 

incorporation by reference of Gippsland 

Aeronautics Mandatory Service Bulletin 

SB–GA8–2002–02, Issue 5, dated 

November 13, 2008, listed in this AD. 

We must receive comments on this 

AD by June 18, 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: (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. 

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 (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, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On February 17, 2009, we issued AD 

2009–05–01, Amendment 39–15825 (74 

FR 8159; February 24, 2009). That AD 

required actions intended to address an 

unsafe condition on Model GA8 

airplanes. 

Since we issued AD 2009–05–01, the 

Civil Aviation Safety Authority (CASA), 

which is the aviation authority for 

Australia, has issued AD/GA8/5, Amdt 

3, dated April 9, 2010 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The Australian AD clarifies the 

applicability of the AD to include Model 

GA8–TC320 airplanes. Model GA8– 

TC320 airplanes have the same tailplane 

configuration as Model GA8 airplanes. 

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. 

This amendment is issued to clarify the 

model applicability. 

The previous amendment was issued 

because the requirement document now 

contains an inspection for cracking in 

horizontal stabilisers which have load 

transferring fittings installed. 

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 5, dated November 13, 

2008. 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 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. 

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23578 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2010–0463; 

Directorate Identifier 2010–CE–021–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 39–15825 (74 FR 

8159; February 24, 2009), and adding 

the following new AD: 

2010–10–01 GA 8 Airvan (Pty) Ltd: 

Amendment 39–16280; Docket No. 

FAA–2010–0463; Directorate Identifier 

2010–CE–021–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 10, 2010. 

Affected ADs 

(b) This AD supersedes AD 2009–05–01, 

Amendment 39–15825. 

Applicability 

(c) This AD applies to the following model 

and serial number airplanes, certificated in 

any category: 

(i) Group 1 Airplanes (retains the actions 

and applicability from AD 2009–05–01): 

Model GA8 airplanes, serial numbers GA8– 

00–004 and up; and 

(ii) Group 2 Airplanes: Model GA8–TC320 

airplanes, all serial numbers. 

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. 

This amendment is issued to clarify the 

model applicability. 

The previous amendment was issued 

because the requirement document now 

contains an inspection for cracking in 

horizontal stabilisers which have load 

transferring fittings installed. 

Actions and Compliance 

(f) For Group 1 Airplanes: Unless already 

done, do the following actions: 

(1) Within the next 10 hours time-inservice (TIS) after March 2, 2009 (the 

effective date of AD 2009–05–01): 

(i) For all aircraft not incorporating 

computer numeric control (CNC) machined 

elevator hinges, inspect and repair 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 5, dated 

November 13, 2008; and, 

(ii) For all aircraft, inspect the left and right 

rear attach bolt mating surfaces for damage or 

an out of square condition and replace the 

left and right rear attach bolts following 

instruction ‘‘5. Rear Attach Bolt 

Replacement,’’ of Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–2002– 

02, Issue 5, dated November 13, 2008. 

Reworking the mating surfaces by spotfacing 

is no longer acceptable. If the mating surfaces 

are damaged, not square, or were previously 

reworked by spotfacing the surface, replace 

the parts as specified in Gippsland 

Aeronautics Mandatory Service Bulletin SB– 

GA8–2002–02, Issue 5, dated November 13, 

2008. 

(2) Within the next 10 hours TIS after 

March 2, 2009 (the effective date of AD 2009– 

05–01) 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 5, 

dated November 13, 2008; and 

(ii) Inspect the horizontal stabilizer 

internally following instruction ‘‘4. Internal 

Inspection,’’ of Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–2002– 

02, Issue 5, dated November 13, 2008. 

(3) 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, 

before further flight, obtain an FAA-approved 

repair scheme from the manufacturer and 

incorporate this repair scheme. Due to FAA 

policy, the repair scheme for crack damage 

must include an immediate repair of the 

crack, not a repetitive inspection. Continued 

operational flight with un-repaired crack 

damage is not permitted. 

(g) For Group 2 Airplanes: Unless already 

done, do the following actions: 

(1) Within the next 10 hours TIS after May 

10, 2010 (the effective date of this AD): 

(i) For all aircraft not incorporating 

computer numeric control (CNC) machined 

elevator hinges, inspect and repair 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 5, dated 

November 13, 2008; and, 

(ii) For all aircraft, inspect the left and right 

rear attach bolt mating surfaces for damage or 

an out of square condition and replace the 

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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 23579 

left and right rear attach bolts following 

instruction ‘‘5. Rear Attach Bolt 

Replacement,’’ of Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–2002– 

02, Issue 5, dated November 13, 2008. 

Reworking the mating surfaces by spotfacing 

is no longer acceptable. If the mating surfaces 

are damaged, not square, or were previously 

reworked by spotfacing the surface, before 

further flight, replace the parts as specified 

in Gippsland Aeronautics Mandatory Service 

Bulletin SB–GA8–2002–02, Issue 5, dated 

November 13, 2008. 

(2) Within the next 10 hours TIS after May 

10, 2010 (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 5, 

dated November 13, 2008; and 

(ii) Inspect the horizontal stabilizer 

internally following instruction ‘‘4. Internal 

Inspection,’’ of Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–2002– 

02, Issue 5, dated November 13, 2008. 

(3) If during the inspection required by 

paragraph (g)(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, 

before further flight, obtain an FAA-approved 

repair scheme from the manufacturer and 

incorporate this repair scheme. Due to FAA 

policy, the repair scheme for crack damage 

must include an immediate repair of the 

crack, not a repetitive inspection. 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 

(Stabilizer attach bolt)’’ of the service 

information 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 service information. 

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, Stabilizer rear spar)’’ of the 

service information 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 FAAapproved 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 paragraphs (f)(2) and 

(g)(2) of this AD, you must repair the cracks 

before further flight. 

(4) The service information does not state 

that parts with spotfaced nut and bolt mating 

surfaces require replacement. However, the 

service information no longer allows 

reworking of the mating surfaces by 

spotfacing. We require that if any nut and 

bolt surfaces were previously reworked by 

spotfacing, you must replace the parts. 

(5) The service information has not been 

revised to include Model GA8–TC320 

airplanes; however, the procedures still 

apply to this model, and actions must be 

done following the service information. 

Other FAA AD Provisions 

(h) 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. 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 FAAapproved 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 

(i) Refer to MCAI Civil Aviation Safety 

Authority AD No. AD/GA8/5, Amdt 3, dated 

April 9, 2010; and Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–2002– 

02, Issue 5, dated November 13, 2008, for 

related information. 

Material Incorporated by Reference 

(j) You must use Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–2002– 

02, Issue 5, dated November 13, 2008, to do 

the actions required by this AD, unless the 

AD specifies otherwise. 

(1) On March 2, 2009 (74 FR 8159; 

February 24, 2009), the Director of the 

Federal Register previously approved the 

incorporation by reference of Gippsland 

Aeronautics Mandatory Service Bulletin SB– 

GA8–2002–02, Issue 5, dated November 13, 

2008. 

(2) For service information identified in 

this AD, contact Gippsland Aeronautics, 

Attn: Technical Services, P.O. Box 881, 

Morwell Victoria 3840, Australia; telephone: 

+ 61 03 5172 1200; fax: +61 03 5172 1201; 

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 (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 April 

20, 2010. 

Steven W. Thompson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–10220 Filed 5–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2000–NM–418–AD; Amendment 

39–12964; AD 2002–23–20] 

RIN 2120–AA64 

Airworthiness Directives; DASSAULT 

AVIATION Model FALCON 900EX and 

MYSTERE–FALCON 900 Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects a 

typographical error that appeared in 

airworthiness directive (AD) 2002–23– 

20 that was published in the Federal 

Register on November 29, 2002 (67 FR 

71098). The typographical error resulted 

in an incorrect part number. This AD is 

applicable to Model FALCON 900EX 

and MYSTERE–FALCON 900 airplanes. 

This AD requires repetitive operational 

tests of the flap asymmetry detection 

system to verify proper functioning, and 

repair if necessary; repetitive 

replacement of the inboard flap 

jackscrews with new or reconditioned 

jackscrews; and repetitive measurement 

of the screw/nut play of the jackscrews 

on the inboard and outboard flaps to 

detect discrepancies, and corrective 

action if necessary. This AD also 

requires revision of the Airplane Flight 

Manual. 

DATES: This correction is effective May 

4, 2010. The effective date of AD 2002– 

23–20 remains January 3, 2003. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

WReier-Aviles on DSKGBLS3C1PROD with RULES