Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59077 

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; GROBWERKE (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. 

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 workhours 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 

mstockstill on DSKH9S0YB1PROD with RULES

59078 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

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 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 TussenhausenMattsies, 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.grobaircraft.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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0806] 

RIN 1625–AA00 

Safety Zone; Ledge Removal Project, 

Bass Harbor, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

around a ledge removal project in Bass 

Harbor, Maine. The United States Army 

Corps of Engineers (USACE) has 

contracted Prock Marine Company to 

remove a section of ledge in order to 

expand an anchorage area for the Town 

of Tremont. This regulation establishes 

a temporary safety zone around the 

mstockstill on DSKH9S0YB1PROD with RULES