58868 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 

CW–1 nonimmigrant status are likely to 

seek to renew that status. It is important 

to note that the approvals for initial 

CW–1 nonimmigrant workers were 

staggered throughout FY 2012. 

Therefore, the need to file extensions for 

these workers will also be spread out 

throughout 2013. Most CW–1 

beneficiaries still have valid CW–1 

nonimmigrant status until late summer 

of 2013. Some employers may not have 

to file for their CW–1 nonimmigrant 

workers, to the extent that they plan to 

extend, until later in the year. As a 

result, USCIS has not yet received the 

total projected number of CW–1 

extensions for the 12,247 initial CW–1 

nonimmigrant workers granted in FY 

2012. In short, DHS anticipates that the 

majority of the CW–1 employers will 

request renewal for their CW–1 workers’ 

nonimmigrant statuses later in the year. 

These requests, to the extent they are 

granted, will be counted under the FY 

2013 cap. 

The CNRA requires an annual 

reduction in the number of transitional 

workers (and complete elimination of 

the CW nonimmigrant classification by 

the end of the transition period) but 

does not mandate a specific reduction. 

48 U.S.C. 1806(d)(2). In addition, 8 CFR 

214.2(w)(1)(viii)(C) provides that the 

numerical limitation for any fiscal year 

will be less than the number established 

for the previous fiscal year, and it will 

be reasonably calculated to reduce the 

number of CW–1 nonimmigrant workers 

to zero by the end of the transition 

period. 

To comply with these requirements, 

meet the CNMI’s labor market’s needs, 

provide opportunity for growth, and 

preserve access to foreign labor, DHS 

has set the numerical limitation for FY 

2014 at 14,000. DHS arrived at this 

figure by taking the number of CW–1 

nonimmigrant workers needed based on 

the FY 2013 limitation of 15,000, and 

then reducing it by 1,000, or 

approximately 6.7 percent. This number 

will accommodate the staggered 

extensions for the 12,247 initial CW–1 

nonimmigrant workers granted during 

FY 2012 (to the extent that the employer 

requests an extension) and will also 

accommodate possible economic growth 

that might lead to a need for additional 

nonimmigrant workers during FY 2014. 

In setting this new number, DHS also 

considered the effect of the FY 2014 

numerical limitation on an extension of 

the transitional worker program, if any. 

To date, the Department of Labor (DOL) 

has not announced a decision on the 

extension of the program. However, 

DHS must prepare for both the end of 

the transitional worker program and for 

an extension of the transitional worker 

program; a drastic reduction would not 

account for the possibility of an 

extension. DHS must ensure that the 

numerical limitation is reduced as 

statutorily mandated, but that it still 

provides for enough CW–1s for future 

fiscal years if the transitional worker 

program is extended. DHS thus believes 

that a reduction of only 6.7 percent or 

1,000 is appropriate because the new 

baseline must preserve access to foreign 

labor, as well as accommodate future 

reductions, if the DOL extends the 

transitional worker program. 

Accordingly, DHS reduced the number 

of transitional workers from the current 

fiscal year numerical limitation of 

15,000, and established the maximum 

number of CW–1 nonimmigrant visas 

available for FY 2014 at 14,000. 

This number of CW–1 nonimmigrant 

workers will be available beginning on 

October 1, 2013. DHS may adjust the 

numerical limitation for a fiscal year or 

other period, in its discretion, at any 

time via notice in the Federal Register. 

8 CFR 214.2(w)(1)(viii)(D). Consistent 

with the rules applicable to other 

nonimmigrant worker visa 

classifications, if the numerical 

limitation for the fiscal year is not 

reached, the unused numbers do not 

carry over to the next fiscal year. 8 CFR 

214.2(w)(1)(viii)(E). 

Petitions requesting a start date 

within fiscal year 2014 will be counted 

against the 14,000 limit. As such, each 

CW–1 nonimmigrant worker who is 

listed on a Form I–129 CW is counted 

against the numerical limitation at the 

time USCIS receives the petition. 

Counting the petitions in this manner 

will help ensure that USCIS does not 

approve requests for more than 14,000 

CW–1 nonimmigrant workers. If the 

number of CW–1 nonimmigrant workers 

approaches the 14,000 limit, USCIS will 

hold any subsequently-filed petition 

until a final determination is made on 

the petitions that are already included 

in the numerical count. Subsequentlyfiled petitions will be forwarded for 

adjudication in the order in which they 

were received until USCIS has approved 

petitions for the maximum number of 

CW–1 nonimmigrant workers; any 

remaining petitions that were held or 

that are newly received will be rejected. 

This document does not affect the 

immigration status of aliens who hold 

CW–1 nonimmigrant status. Aliens 

currently holding such status, however, 

will be affected by this document when 

they apply for an extension of their CW– 

1 nonimmigrant classification, or a 

change of status from another 

nonimmigrant status to that of CW–1 

nonimmigrant status. 

This document does not affect the 

status of any alien currently holding 

CW–2 nonimmigrant status as the 

spouse or minor child of a CW–1 

nonimmigrant worker. This document 

also does not directly affect the ability 

of any alien to extend or otherwise 

obtain CW–2 status, as the numerical 

limitation applies to CW–1 principals 

only. Aliens seeking CW–2 status may, 

however, be indirectly affected by the 

applicability of the cap to the CW–1 

principals from whom their status is 

derived. 

Rand Beers, 

Acting Secretary. 

[FR Doc. 2013–23289 Filed 9–24–13; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0146; Directorate 

Identifier 2012–SW–060–AD; Amendment 

39–17559; AD 2013–16–21] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. (Type Certificate Currently Held 

by Agusta Westland S.p.A) (Agusta) 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

airworthiness directive (AD) for Agusta 

Model A109E helicopters that required 

reducing the tail rotor (T/R) blade life 

limit, modifying a T/R hub and grip 

assembly, re-identifying two T/R 

assemblies, clarifying the never-exceed 

speed (Vne) limitation, and reducing the 

inspection interval. Since we issued that 

AD, the manufacturer has redesigned a 

T/R grip bushing (bushing) that reduces 

the loads, which caused the T/R 

cracking, on the T/R blades. This action 

requires installing the new bushing and 

re-identifying the T/R hub-and-grip and 

hub-and-blade assemblies and requires a 

recurring inspection of each bushing. 

These actions are intended to prevent 

fatigue failure of a T/R blade and 

subsequent loss of control of the 

helicopter. 

DATES: This AD is effective October 30, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in this AD 

as of October 30, 2013. 

ADDRESSES: For service information 

identified in this AD, contact Agusta 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 58869 

Westland, Customer Support & Services, 

Via Per Tornavento 15, 21019 Somma 

Lombardo (VA) Italy, ATTN: Giovanni 

Cecchelli; telephone 39–0331–711133; 

fax 39–0331–711180; or at http://

www.agustawestland.com/technicalbullettins. You may review the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov or in person at the 

Docket Operations Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the foreign 

authority’s AD, any incorporated-byreference service information, the 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

Office (phone: 800–647–5527) is U.S. 

Department of Transportation, Docket 

Operations Office, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5110; email 

sharon.y.miles@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On February 25, 2013, at 78 FR 12651, 

the Federal Register published our 

notice of proposed rulemaking (NPRM), 

which proposed to amend 14 CFR part 

39 to supersede AD 2002–25–51, 

Amendment 39–13060 (68 FR 9504, 

February 28, 2003), which required for 

Agusta Model A109E helicopters 

reducing the tail rotor (T/R) blade life 

limit, modifying a T/R hub and grip 

assembly, re-identifying two T/R 

assemblies, clarifying the never-exceed 

speed (Vne) limitation, and reducing the 

inspection interval. 

The NPRM was prompted by AD No. 

2007–0010, dated January 31, 2007, 

issued by the European Aviation Safety 

Agency (EASA), which is the Technical 

Agent for the Member States of the 

European Union. EASA issued EASA 

AD No. 2007–0010 to correct an unsafe 

condition for the Agusta Model A109E. 

EASA advises that Agusta has designed 

a new bushing that when installed on 

the T/R grip assembly reduces the loads 

acting upon the T/R blades. EASA 

further advises that following 

installation of the re-designed bushing, 

the inspection interval of the T/R blade 

bushing may be extended from 150 

flight hours to 200 flight hours. 

Accordingly, the NPRM proposed to 

require: 

• Before each start of the helicopter 

engines, visually checking both sides of 

each T/R blade for a crack. An owner/ 

operator (pilot) may perform this check 

and must enter compliance into the 

aircraft records in accordance with 14 

CFR 43.9 (a)(1)–(4) and 14 CFR 

91.417(a)(2)(v). A pilot may perform this 

check because it involves only a visual 

check for a crack and can be performed 

equally well by a pilot or a mechanic. 

This procedure is an exception to our 

standard maintenance regulations. 

• For helicopters with T/R hub and 

blade assembly, part number (P/N) 109– 

8131–02–151, before further flight, 

modifying each T/R hub and blade 

assembly by installing a new bushing in 

each grip assembly and two zero-hours 

time-in-service (TIS) T/R blades; and reidentifying the hub and grip assembly 

and the T/R hub and blade assembly 

with different P/Ns. 

• For helicopters with T/R hub and 

blade assembly, P/N 109–8131–02–157, 

within 25 hours TIS and thereafter at 

intervals not to exceed 25 hours TIS, 

and before further flight any time there 

is an increase in vibration levels, using 

a 5x or higher power magnifying glass, 

visually inspecting each T/R blade for a 

crack. 

• On or before accumulating 200 

hours TIS on the T/R hub and grip 

assembly, and thereafter at intervals not 

to exceed 200 hours TIS, inspecting the 

linings and measuring the internal 

diameter of the bushings. If the internal 

diameter of the bushing exceeds 41.35 

millimeters, replacing the bushing. 

• If there is a crack, before further 

flight, replacing the T/R blade. 

• Revising the Airworthiness 

Limitations section of the maintenance 

manual to reflect that a T/R blade, P/N 

109–8132–01–111, which has not been 

operated as part of T/R hub and blade 

assembly, P/N 109–8131–02–151, has a 

retirement life of 1,000 hours TIS. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we did not receive any comments on the 

NPRM (78 FR 12651, February 25, 

2013). 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Italy and are 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Italy, EASA, its 

technical representative, has notified us 

of the unsafe condition described in the 

EASA AD. We are issuing this AD 

because we evaluated all information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

the same type design and that air safety 

and the public interest require adopting 

the AD requirements as proposed. 

Related Service Information 

We reviewed Alert Bollettino Tecnico 

No. 109EP–30, Revision C, dated 

September 29, 2006, which describes 

procedures for checking/inspecting for 

cracks on both the upper and lower 

surfaces of T/R blades, P/N 109–8132– 

01–111; replacing each bushing, P/N 

109–0132–55 and spacer P/N 109–0132– 

13, with bushing, P/N 109–8131–30– 

109, and instituting a recurring 

inspection of each bushing; and 

cancelling the VNE limitations when the 

newly-designed bushing is installed on 

each T/R grip assembly, P/N 109–8131– 

29–101, a ‘‘new’’ pair of T/R blades, P/ 

N 109–8132–01–111, is installed, and 

the T/R hub-and-grip and hub-and-blade 

assemblies are re-identified. 

Costs of Compliance 

We estimate that this AD will affect 

75 helicopters of U.S. Registry. Based on 

an average labor rate of $85 per hour, we 

estimate that operators will incur the 

following costs in order to comply with 

this AD: 

• Visually inspecting the T/R blades 

requires about 0.5 work hours for a cost 

per helicopter of $43 and a total cost to 

U.S. operators of $3,225 per inspection 

cycle. 

• Replacing a cracked T/R blade 

requires about 2 work hours, and 

required parts cost about $25,320, for a 

total cost per helicopter of $25,490. 

• Modifying the hub assembly with 

new T/R blades and bushings requires 

about 16 work hours, and required parts 

would cost about $58,690, for a total 

cost per helicopter of $60,050. 

• Inspecting the T/R bushings 

requires about 7 work hours, for a cost 

per helicopter of $595 and a total cost 

to U.S. operators of $44,625 per 

inspection cycle. 

• Revising the Airworthiness 

Limitations section of the maintenance 

manual requires about .25 work hour, 

for a cost per helicopter of $22 and a 

total cost to U.S. operators of $1,650. 

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 


TKELLEY on DSK3SPTVN1PROD with RULES
58870 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 

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 

helicopters identified in this rulemaking 

action. 

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; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction; and 

(4) 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 an economic 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 Airworthiness Directive (AD) 

2002–25–51, Amendment 39–13060 (68 

FR 9504, February 28, 2003), and adding 

the following new AD: 

2013–16–21 AGUSTA S.p.A. (Agusta): 

Amendment 39–17559; Docket No. 

FAA–2013–0146; Directorate Identifier 

2012–SW–060–AD. 

(a) Applicability 

This AD applies to Agusta Model 109E 

helicopters with tail rotor (T/R) hub and 

blade assembly, part number (P/N) 109– 

8131–02–151 and P/N 109–8131–02–157, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

fatigue crack in a T/R blade. This condition 

could result in failure of the T/R blade and 

subsequent loss of control of the helicopter. 

(c) Affected ADs 

This AD supersedes AD 2002–25–51, 

Docket No. 2002–SW–55–AD, Amendment 

39–13060 (68 FR 9504, February 28, 2003). 

(d) Effective Date 

This AD becomes effective October 30, 

2013. 

(e) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(f) Required Actions 

(1) Before each start of the helicopter 

engines, visually check both sides of each 

T/R blade for a crack in the inspection area 

depicted in Figure 1 to paragraph (f)(1) of this 

AD. This action may be performed by the 

owner/operator (pilot) holding at least a 

private pilot certificate, and must be entered 

into the aircraft records showing compliance 

with this AD in accordance with 14 CFR 43.9 

(a)(1)–(4) and 14 CFR 91.417(a)(2)(v). The 

record must be maintained as required by 14 

CFR 91.417, 121.380, or 135.439. 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 58871 

(2) For helicopters with T/R hub and blade 

assembly, P/N 109–8131–02–151 (consisting 

of two T/R blades, P/N 109–8132–01–111, 

and one T/R hub and grip assembly, P/N 

109–8131–02–127), before further flight, 

modify each T/R hub and blade assembly by 

installing a new bushing, P/N 109–8131–30– 

109, in each grip assembly and two zero-hour 

time-in-service (TIS) T/R blades, P/N 109– 

8132–01–111; re-identifying the hub and grip 

assembly as P/N 109–8131–02–159; and reidentifying the T/R hub and blade assembly 

as P/N 109–8131–02–157 in accordance with 

the Compliance Instructions, Part V, 

paragraphs 2. through 13., of Agusta 

Bollettino Tecnico No. 109EP–30, Revision C, 

dated September 29, 2006 (BT). A T/R blade, 

P/N 109–8132–01–111, which has been 

operated as part of T/R hub and blade 

assembly, P/N 109–8131–02–151, must be 

retired regardless of TIS and may not be used 

as part of the T/R hub and blade assembly, 

P/N 109–8131–02–157. Returning the 

removed T/R blades, grips, or bushings to 

Agusta is not required. 

(3) For helicopters with T/R hub and blade 

assembly, P/N 109–8131–02–157 (consisting 

of two T/R blades, P/N 109–8132–01–111, 

and one T/R hub and grip assembly, P/N 

109–8131–02–159), within 25 hours TIS, and 

thereafter at intervals not to exceed 25 hours 

TIS, and before further flight any time there 

is an increase in vibration levels, using a 5x 

or higher power magnifying glass, visually 

inspect each T/R blade for a crack in 

accordance with the Compliance 

Instructions, Part III, paragraphs 1. through 5. 

of the BT. Reporting to Agusta is not 

required. 

(4) On or before accumulating 200 hours 

TIS on the T/R hub and grip assembly, P/N 

109–8131–02–159, and thereafter at intervals 

not to exceed 200 hours TIS, inspect the 

linings and measure the internal diameter of 

the bushings, P/N 109–8131–30–109, by 

referring to Figure 2 of the BT. If the internal 

diameter of the bushing exceeds 41.35 

millimeters, replace the bushing. 

(5) If there is a crack in a T/R blade, before 

further flight, replace the cracked T/R blade. 

(6) Revise the Airworthiness Limitations 

section of the maintenance manual to reflect 

that a T/R blade, P/N 109–8132–01–111, 

which has not been operated as part of T/R 

hub and blade assembly, P/N 109–8131–02– 

151, has retirement life of 1,000 hours TIS. 

(g) Special Flight Permits 

Special flight permits will not be issued. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Sharon Miles, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, Texas, 

76137; telephone (817) 222–5110; email 

sharon.y.miles@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(i) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2007–0010, dated January 31, 2007. You 

may view a copy of the EASA AD on the 

Internet at http://www.regulations.gov in 

Docket No. FAA–2013–0146. 

(j) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6410, Tail Rotor Blades. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) 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 the AD specifies otherwise. 

(i) Agusta Bollettino Tecnico No. 109EP– 

30, Revision C, dated September 29, 2006, 

excluding Figure 1. 

(ii) Reserved. 

(3) For Agusta service information 

identified in this AD, contact Agusta 

Westland, Customer Support & Services, Via 

Per Tornavento 15, 21019 Somma Lombardo 

(VA) Italy, ATTN: Giovanni Cecchelli; 

telephone 39–0331–711133; fax 39–0331– 

711180; or at http://

www.agustawestland.com/technicalbullettins. 

(4) You may view this service information 

at FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may also 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, call 

(202) 741–6030, or go to: http://


TKELLEY on DSK3SPTVN1PROD with RULESER25SE13.000</GPH>
58872 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Fort Worth, Texas, on August 2, 

2013. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–23017 Filed 9–24–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0823; Directorate 

Identifier 2013–CE–027–AD; Amendment 

39–17594; AD 2013–19–12] 

RIN 2120–AA64 

Airworthiness Directives; GA 8 Airvan 

(Pty) Ltd Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for GA 8 

Airvan (Pty) Ltd Models GA8 and GA8– 

TC320 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 

describes the unsafe condition as the 

fuel system integral sump tank does not 

meet FAA regulations. We are issuing 

this AD to require actions to address the 

unsafe condition on these products. 

DATES: This AD is effective October 15, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 15, 2013. 

We must receive comments on this 

AD by November 12, 2013. 

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. 

For service information identified in 

this AD, contact GA 8 Airvan (Pty) Ltd, 

c/o GippsAero Pty Ltd, 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/

customer-support/technicalpublications.aspx. You may review 

copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

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, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090; email: 

doug.rudolph@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Civil Aviation Safety Authority 

(CASA), which is the aviation authority 

for Australia, has issued AD No. AD/

GA8/7, dated September 2, 2013 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

The GippsAero GA8 and GA8–TC 320 

aircraft Mk II fuel system features an integral 

sump tank located in the floor structure 

forward of the co-pilot seat. The current 

configuration of the compartments adjacent 

to the Mk II sump tank do not meet the 

requirements of regulation 23.967(b) of the 

Federal Aviation Regulations of the United 

States of America in that they are not suitably 

ventilated and drained to prevent the 

accumulation of flammable fluids or vapours. 

This AD requires modifying the fuel 

system for ventilation and drainage. You 

may examine the MCAI on the Internet 

at http://www.regulations.gov by 

searching for and locating it in Docket 

No. FAA–2013–0823. 

Relevant Service Information 

GippsAero has issued Mandatory 

Service Bulletin SB–GA8–2012–96, 

Issue 4, dated August 12, 2013. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This 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. 

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 the integral sump tank in 

the fuel system is not suitably ventilated 

and drained to prevent the 

accumulation of flammable fluids or 

vapors, which could lead to a 

flammability issue. 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. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2013–0823; 

Directorate Identifier 2013–CE–027– 

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. 


TKELLEY on DSK3SPTVN1PROD with RULES