[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13135-13138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04914]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0152; Project Identifier MCAI-2021-00254-A; 
Amendment 39-21966; AD 2022-05-14]
RIN 2120-AA64


Airworthiness Directives; GROB Aircraft SE (Type Certificate 
Previously Held by GROB Aircraft AG) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
GROB Aircraft SE (type certificate previously held by GROB Aircraft AG) 
(GROB) Model G 115EG 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 identifies the unsafe 
condition as in-flight detachment of a rudder actuator hinge bracket. 
This AD requires repairing the support structure at the attachment to 
the attachment bolts on certain flight control surfaces, inspecting the 
support structure at the attachment bolts of all flight control 
surfaces, and taking corrective actions if discrepancies are detected. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 24, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 24, 
2022.
    The FAA must receive comments on this AD by April 25, 2022.

[[Page 13136]]


ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact GROB 
Aircraft SE, Lettenbachstrasse 9, Tussenhausen Mattsies, Germany, D-
86874; phone: +49 (0) 8268 998 114; website: https://grob-aircraft.com/en/contact.html. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0152.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0152; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
MCAI, any comments received, and other information. The street address 
for the Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
FAA, General Aviation & Rotorcraft Section, International Validation 
Branch, 2200 South 216th Street, Des Moines, WA 98198; phone: (206) 
231-3500; email: <a href="/cdn-cgi/l/email-protection#b3d5c1d6d79dd4c6d6c1daddf3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="d8beaabdbcf6bfadbdaab1b698beb9b9f6bfb7ae">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0152 and Project Identifier 
MCAI-2021-00254-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent Fred 
Guerin, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 2200 South 216th St. Des 
Moines, WA 98198. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA Emergency AD 2021-0057-E, dated February 26, 2021 (referred to 
after this as ``the MCAI''), to address the unsafe condition on GROB 
Model G 115E and G 115EG airplanes. The MCAI states:

    An occurrence has been reported of in-flight detachment of a 
rudder actuator hinge bracket. Subsequent inspection revealed that 
the attaching bolts penetrated the supporting structure to such an 
extent that the structure was no longer capable to withstand the 
loads. Penetrating attaching bolts cannot easily be detected. The 
same bolts are also on all other control surface hinge brackets.
    This condition, if not detected and corrected, could lead to 
failure or detachment of a control surface, possibly resulting in 
loss of control of the aeroplane.
    To address this potential unsafe condition, Grob published the 
[service bulletin] SB providing inspection and repair instructions.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the attachment of all flight control surfaces, 
and, depending on findings, accomplishment of applicable corrective 
action(s). This [EASA] AD also requires the reporting of inspection 
results.
    This [EASA] AD is considered an interim action and further AD 
action may follow.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0152.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GROB Aircraft Service Bulletin MSB1078-205/5, 
dated October 5, 2021. This service information specifies performing 
visual and x-ray inspections of the support structure at the attachment 
bolts of all flight control surfaces and taking corrective actions if 
discrepancies are detected. This service information also specifies 
repairing the support structure at the attachment bolts on certain 
flight control surfaces as terminating action for the inspection.
    The FAA also reviewed the following repair instructions, which 
contain repair instructions for certain attachment point positions:
    <bullet> GROB Aircraft Repair Instruction No. RI-1078-92/1, dated 
June 2, 2021 (rudder and vertical stabiliser hinge bracket attachment 
points);
    <bullet> GROB Aircraft Repair Instruction No. RI-1078-93/1, dated 
June 2, 2021 (flaps hinge bracket attachment points);
    <bullet> GROB Aircraft Repair Instruction No. RI-1078-94/1, dated 
June 2, 2021 (aileron hinge bracket attachment points);
    <bullet> GROB Aircraft Repair Instruction No. RI-1078-95/1, dated 
June 2, 2021 (elevator and horizontal stabilizer hinge bracket 
attachment points); and
    <bullet> GROB Aircraft Repair Instruction No. RI-1078-97/1, dated 
June 2, 2021 (aileron and flap bellcrank hinge bracket attachment 
points).
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information referenced above. The FAA

[[Page 13137]]

is issuing this AD because it has determined the unsafe condition 
described previously is likely to exist or develop on other products of 
the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described, except as discussed under ``Differences 
Between this AD and the MCAI.''

Differences Between This AD and the MCAI

    The MCAI applies to the Model G 115E airplane, and this AD does not 
because it does not have an FAA type certificate. The MCAI requires an 
inspection and repair if discrepancies are found. For bolts in some 
control positions, this AD requires a repair before further flight 
without doing the inspection. The MCAI requires using GROB Aircraft 
Service Bulletin MSB1078-205/1, dated February 26, 2021, while this AD 
requires using the revised service information issued after the MCAI. 
The MCAI requires reporting the results of the inspection to GROB 
Aircraft SE, but this AD does not.

Interim Action

    The MCAI was issued as interim action as a one-time inspection to 
address an immediate safety of flight issue. If EASA takes additional 
AD action, the FAA will evaluate and consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    The FAA has found that the risk to the flying public justifies 
foregoing notice and comment prior to adoption of this rule because 
there are no airplanes currently on the U.S. registry and thus, it is 
unlikely that the FAA will receive any adverse comments or useful 
information about this AD from U.S. operators. Accordingly, notice and 
opportunity for prior public comment are unnecessary pursuant to 5 
U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Costs of Compliance

    There are currently no affected airplanes on the U.S. registry. In 
the event an affected airplane becomes a U.S.-registered airplane, the 
following is an estimate of the costs to comply with this AD.
    The FAA estimates that it would take 40 work-hours per airplane to 
comply with control surface repair and the inspection in this AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $1,500 per airplane.
    Based on these figures, the FAA estimates the cost of this AD to be 
$4,900 per airplane.
    In addition, the FAA estimates that repairing the support structure 
required when discrepancies are found during the required inspection 
would take 40 work-hours at an average labor rate of $85 per work-hour. 
Required parts would cost about $1,000 for a total cost of $4,400 per 
airplane.

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.
    The FAA is 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 Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Regulatory Findings

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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 airworthiness 
directive:

2022-05-14 GROB Aircraft SE (Type Certificate Previously held by 
GROB Aircraft AG): Amendment 39-21966; Docket No. FAA-2022-0152; 
Project Identifier MCAI-2021-00254-A.

(a) Effective Date

    This airworthiness directive (AD) is effective March 24, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to GROB Aircraft SE (type certificate previously 
held by GROB Aircraft AG) Model G 115EG airplanes, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2700, Flight Control 
System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as in-flight 
detachment of a rudder actuator hinge bracket. The FAA is issuing 
this AD to detect

[[Page 13138]]

attaching bolt penetration into the composite flight control 
surfaces, which, if not corrected, could lead to failure or 
detachment of a control surface and loss of airplane control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection and Repair

    Before further flight after the effective date of this AD, do 
the actions in paragraphs (g)(1) and (2) of this AD.
    (1) For attachment bolts in control surface positions 3, 7, 12, 
16, and 27, repair each bolt in accordance with paragraph 7, Repair/
Instructions, of the following applicable service document, except 
you are not required to contact Grob:
    (i) For the rudder and vertical stabilizer hinge bracket 
attachment points, GROB Aircraft Repair Instruction No. RI-1078-92/
1, dated June 2, 2021.
    (ii) For the flaps hinge bracket attachment points, GROB 
Aircraft Repair Instruction No. RI-1078-93/1, dated June 2, 2021.
    (iii) For the aileron hinge bracket attachment points, GROB 
Aircraft Repair Instruction No. RI-1078-94/1, dated June 2, 2021.
    (iv) For the elevator and horizontal stabilizer hinge bracket 
attachment points, GROB Aircraft Repair Instruction No. RI-1078-95/
1, dated June 2, 2021.
    (v) For the aileron and flap bellcrank hinge bracket attachment 
points, GROB Aircraft Repair Instruction No. RI-1078-97/1, dated 
June 2, 2021.
    Note 1 to paragraph (g)(1): Control surface positions are shown 
on page 1 of the Appendix of GROB Aircraft Service Bulletin MSB1078-
205/5, dated October 5, 2021.
    (2) For attachment bolts in all other control surface positions, 
inspect each bolt for penetration into the supporting structure by 
following Part A, paragraphs 1.8.1 through 1.8.15, of the 
Accomplishment/Instructions in GROB Aircraft Service Bulletin 
MSB1078-205/5, dated October 5, 2021, except you are not required to 
contact GROB for repair approval. If a bolt moves on an attachment 
point or has penetrated a control surface, before further flight, 
repair the attachment point using the applicable repair instruction 
listed in paragraph (g)(1)(i) through (v) of this AD.

(h) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
requirements of this AD can be accomplished provided that:
    (1) Operation in visual meteorological conditions only.
    (2) Takeoff and landing with maximum cross-wind of 10 kts.
    (3) No flaps may be used during take-off, in flight, or landing.
    (4) Spins are prohibited.
    (5) Intentional side-slips are prohibited.
    (6) Maximum airspeed: 125 KIAS.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (j)(1) of 
this AD and email to: <a href="/cdn-cgi/l/email-protection#7f46523e292c523e362d52484c4f523e32303c3f191e1e51181009"><span class="__cf_email__" data-cfemail="695044283f3a4428203b445e5a59442824262a290f0808470e061f">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact Fred Guerin, 
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 2200 South 216th Street, 
Des Moines, WA 98198; phone: (206) 231-3500; email: 
<a href="/cdn-cgi/l/email-protection#0e687c6b6a20697b6b7c67604e686f6f20696178"><span class="__cf_email__" data-cfemail="80e6f2e5e4aee7f5e5f2e9eec0e6e1e1aee7eff6">[email protected]</span></a>.
    (2) Refer to European Union Aviation Safety Agency (EASA) 
Emergency AD 2021-0057-E, dated February 26, 2021, for more 
information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2022-0152.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) GROB Aircraft Service Bulletin MSB1078-205/5, dated October 
5, 2021.
    (ii) GROB Aircraft Repair Instruction No. RI-1078-92/1, dated 
June 2, 2021.
    (iii) GROB Aircraft Repair Instruction No. RI-1078-93/1, dated 
June 2, 2021.
    (iv) GROB Aircraft Repair Instruction No. RI-1078-94/1, dated 
June 2, 2021.
    (v) GROB Aircraft Repair Instruction No. RI-1078-95/1, dated 
June 2, 2021.
    (vi) GROB Aircraft Repair Instruction No. RI-1078-97/1, dated 
June 2, 2021.
    (3) For service information identified in this AD, contact GROB 
Aircraft SE, Lettenbachstrasse 9, Tussenhausen Mattsies, Germany, D-
86874; phone: +49 (0) 8268 998 114; website: https://grob-aircraft.com/en/contact.html.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (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, email: <a href="/cdn-cgi/l/email-protection#6503174b0c0b16150006110c0a0b250b0417044b020a13"><span class="__cf_email__" data-cfemail="b3d5c19ddaddc0c3d6d0c7dadcddf3ddd2c1d29dd4dcc5">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 25, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-04914 Filed 3-8-22; 8:45 am]
BILLING CODE 4910-13-P


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