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[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7945-7947]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3185]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0121; Directorate Identifier 2010-CE-001-AD; 
Amendment 39-16207; AD 2010-04-14]
RIN 2120-AA64

Airworthiness Directives; Augustair, Inc. Models 2150, 2150A, and 
2180 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Augustair, Inc. Models 2150, 2150A, and 2180 airplanes. This AD 
requires you to inspect the vertical stabilizer front spar for cracks 
and loose fasteners, repair any cracks and loose fasteners found, and 
reinforce the vertical stabilizer spar regardless if cracks are found. 
This AD results from six reports of airplanes with a cracked vertical 
stabilizer front spar. We are issuing this AD to detect and correct 
cracks in the vertical stabilizer front spar, which could result in 
separation of the vertical stabilizer from the airplane. This failure 
could lead to loss of control.

DATES: This AD becomes effective on March 24, 2010.
    On March 24, 2010, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.
    We must receive any comments on this AD by April 9, 2010.

ADDRESSES: Use one of the following addresses to comment on this AD.
     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.
    To get the service information identified in this AD, contact 
Augustair, Inc., 1809 Hephzibah McBean Rd., Hephzibah, Georgia 30815; 
telephone:

[[Page 7946]]

(706) 836-8610; fax: (706) 925-2847; Internet: http://VG21squadron.com; 
e-mail: lorenperry@aol.com.
    To view the comments to this AD, go to http://www.regulations.gov. 
The docket number is FAA-2010-0121; Directorate Identifier 2010-CE-001-
AD.

FOR FURTHER INFORMATION CONTACT: Hal Horsburgh, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, 
College Park, Georgia 30337; telephone: (404) 474-5553; fax: (404) 474-
5606; e-mail: hal.horsburgh@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We received a maintenance problem report on an Augustair, Inc. 
Model 2180 indicating the vertical stabilizer front spar was cracked 
completely across the Web. In addition, the fasteners attaching the 
splice plates spanning the spar flange cuts were loose. We have also 
received five additional reports of Augustair, Inc. Models 2150A and 
2180 airplanes with cracks in the vertical stabilizer front spar.
    This condition, if not corrected, could result in separation of the 
vertical stabilizer from the airplane. This failure could lead to loss 
of control.

Relevant Service Information

    We reviewed Augustair Service Bulletin SB2009-1, Revision B, dated 
February 2, 2010. The service information describes procedures for 
doing a detailed inspection of the vertical stabilizer front spar for 
cracks or loose fasteners, repairing any damage found, and installing a 
doubler to the vertical stabilizer front spar.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This AD requires 
you to inspect the vertical stabilizer front spar for cracks and loose 
fasteners, repair any cracks found, replace loose or damaged fasteners, 
and reinforce the vertical stabilizer spar regardless if cracks are 
found.

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 
cracks in the vertical stabilizer front spar could lead to separation 
of the vertical stabilizer from the airplane and consequent loss of 
control. 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 an opportunity for 
public comment. We invite you to send any written relevant data, views, 
or arguments regarding this AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number ``FAA-2010-0121; 
Directorate Identifier 2010-CE-001-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
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 concerning this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory 
evaluation, any comments received, and other information 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 Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be 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

0
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 (AD):

2010-04-14 Augustair, Inc.: Amendment 39-16207; Docket No. FAA-2010-
0121; Directorate Identifier 2010-CE-001-AD.

Effective Date

    (a) This AD becomes effective on March 24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models and serial 
numbers that are certificated in any category:

[[Page 7947]]

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             Model                   Serial Numbers                                Note
----------------------------------------------------------------------------------------------------------------
2150...........................  FP-1 through FP-10 and  These aircraft were produced by Morrisey Aviation Inc.
                                  MS-1-P.
2150A..........................  SFP-11, SP12 through    These aircraft were produced by Shinn Engineering
                                  SP-33, and SP-35        Company, Santa Ana, California, under licensing
                                  through SP-45.          agreement with Morrisey Aviation Inc.
2150A..........................  VAC-50 through VAC-52,  These aircraft were produced by Varga Aircraft
                                  and VAC-54-76 through   Corporation, Chandler, Arizona.
                                  VAC-189-85.
2180...........................  VAC-68-77 through VAC-  These aircraft were produced by Varga Aircraft
                                  191-82.                 Corporation, Chandler, Arizona.
----------------------------------------------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 55: 
Stabilizers.

Unsafe Condition

    (e) This AD is the result of six reports of Augustair, Inc. 
Models 2150A and 2180 airplanes with a cracked vertical stabilizer 
front spar. We are issuing this AD to detect and correct cracks in 
the vertical stabilizer front spar, which could result in separation 
of the vertical stabilizer from the airplane. This failure could 
lead to loss of control.

Compliance

    (f) To address this problem, you must do the following, unless 
already done:
    (1) Before further flight after March 24, 2010 (the effective 
date of this AD), visually inspect the vertical stabilizer front 
spar for cracks and other damage (loose fasteners, corrosion, 
scratches) following section 2, paragraph A, of Augustair Service 
Bulletin SB2009-1, Revision B, dated February 2, 2010.
    (2) At the applicable compliance time specified in paragraph 
(f)(2)(i) and (f)(2)(ii) of this AD, do a detailed inspection of the 
vertical stabilizer front spar for cracks and other damage, repair 
any damage found, and install a doubler to the vertical stabilizer 
front spar following section 2, paragraph B, of Augustair Service 
Bulletin SB2009-1, Revision B, dated February 2, 2010.
    (i) Before further flight after the inspection required in 
paragraph (f)(1) of this AD where cracks or other damage is found; 
or
    (ii) Within 10 hours time-in-service (TIS) after the inspection 
required in paragraph (f)(1) of this AD where no cracks or other 
damage was found.
    (3) Report the inspection results from paragraph (f)(2) of this 
AD within 30 days after the inspection or within 30 days after March 
24, 2010 (the effective date of this AD), whichever occurs later. 
Send your report to ATTN: Hal Horsburgh, Aerospace Engineer, FAA, 
Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, 
College Park, Georgia 30337; fax: (404) 474-5606; e-mail: 
hal.horsburgh@faa.gov. The Office of Management and Budget (OMB) 
approved the information collection requirements contained in this 
regulation under the provisions of the Paperwork Reduction Act and 
assigned OMB Control Number 2120-0056. Include in your report the 
following information:
    (1) Aircraft model and serial number;
    (2) Aircraft hours TIS;
    (3) Answer whether any crack was found and, if so, the crack 
location and size;
    (4) Description of any previous modifications or repairs in the 
vertical stabilizer spar attachment area or if the airplane was 
modified with a different engine model or propeller model than 
originally installed on the airplane and hours TIS when the 
modification was done;
    (5) Corrective action taken;
    (6) Answer yes or no whether other damage was found; and if so, 
describe it;
    (7) Point of contact name and phone number; and
    (8) Clearly identify the AD No., Docket No., and Directorate 
Identifier of the AD action requiring the report.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Atlanta Aircraft Certification Office (ACO), 
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: Hal Horsburgh, Aerospace Engineer, FAA, Atlanta Aircraft 
Certification Office (ACO), 1701 Columbia Avenue, College Park, 
Georgia 30337; telephone: (404) 474-5553; fax: (404) 474-5606; e-
mail: hal.horsburgh@faa.gov. 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.

Material Incorporated by Reference

    (h) You must use Augustair Service Bulletin SB2009-1, Revision 
B, dated February 2, 2010, 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 
Augustair, Inc., 1809 Hephzibah McBean Rd., Hephzibah, Georgia 
30815; telephone: (706) 836-8610; fax: (706) 925-2847; Internet: 
http://VG21squadron.com; e-mail: lorenperry@aol.com.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on February 11, 2010.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3185 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P
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