### 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 includedin 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


### 58869 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations

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 foreignauthority’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-hourstime-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


### 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.


### 58871 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations

(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 gripassembly 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://


### 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.