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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 39 
          - [Docket No. FAA-2010-0463; Directorate Identifier 2010-CE-021-AD; Amendment 39-16425; AD 2010-10-01 R1] 
          - RIN 2120-AA64 

# AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (DOT). 

# ACTION:

Final rule.

# SUMMARY:

We are revising an existing 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: 

Inspection of a high time aircraft has revealed cracks in the Horizontal Stabiliser rear spar splice plate and inboard main ribs around the area of the Horizontal Stabiliser rear pivot attachment. Additionally, failure of some attach bolts in service may be due to improper assembly. 

This amendment is issued to include an applicability matrix (Table 1, page 2) in the compliance section of the service bulletin for improved clarity. 

We are issuing this AD to require actions to correct the unsafe condition on these products. 

# DATES:

This AD becomes effective October 7, 2010. 

On October 7, 2010, the Director of the Federal Register approved the incorporation by reference of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010, listed in this AD. 

As of March 2, 2009 (74 FR 8159; February 24, 2009), the Director of the Federal Register approved the incorporation by reference of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008, listed in this AD. 

# ADDRESSES:

                        You may examine the AD docket on the Internet at                         *http://www.regulations.gov*                         or in person at the Docket 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:

Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090. 

# SUPPLEMENTARY INFORMATION: 

## Discussion 

                    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the                     **Federal Register**                     on June 21, 2010 (75 FR 34953), and proposed to revise AD 2010-10-01, Amendment 39-16280 (75 FR 23577, May 4, 2010).                 

Since we issued AD 2010-10-01, the foreign authority has issued an amendment to include an applicability matrix in the compliance section of the manufacturer's service bulletin for improved clarity. The FAA is revising this AD to allow the use of issue 6 or issue 5 of the service bulletin. An operator would be in compliance if the operator chose to only accomplish issue 5 of the service bulletin. This revision of the FAA's AD will make the FAA AD more in line with the latest version of the received MCAI. 

The NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: 

Inspection of a high time aircraft has revealed cracks in the Horizontal Stabiliser rear spar splice plate and inboard main ribs around the area of the Horizontal Stabiliser rear pivot attachment. Additionally, failure of some attach bolts in service may be due to improper assembly. 

This amendment is issued to include an applicability matrix (Table 1, page 2) in the compliance section of the service bulletin for improved clarity. 

The previous amendment included reference to the GA8-TC 320 variant in the applicability section. 

Amendment 2 was issued because the requirement document now contains an inspection for cracking in horizontal stabilisers which have load transferring fittings installed. 

                        Previous amendments of this AD listed the AD requirements in full. Due to the extensive                               ( print page 53847)                            use of diagrams and photographs, it is no longer appropriate or practical to write the requirements of the service bulletin out in full in this AD. All requirements, accomplishment instructions and illustrations are contained in the service bulletin.                    

## Comments 

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM 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 25 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $0 per product. 

Based on these figures, we estimate the cost of this AD to the U.S. operators to be $2,125 or $85 per product. 

In addition, we estimate that any necessary follow-on actions would take about 5 work-hours and require parts costing $200, for a cost of $625 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 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 

2. The FAA amends § 39.13 by removing Amendment 39-16280 ( 75 FR 23577, May 4, 2010) and adding the following new AD:

**2010-10-01 R1 GA 8 Airvan (Pty) Ltd.:**                             Amendment 39-16425; Docket No. FAA-2010-0463; Directorate Identifier 2010-CE-021-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective October 7, 2010.

## Affected ADs

(b) This AD revises AD 2010-10-01, Amendment 39-16280.

## Applicability

(c) This AD applies to the following model and serial number airplanes, certificated in any category:

                            (i)                             *Group 1 Airplanes*                             (retains the actions and applicability from AD 2009-05-01): Model GA8 airplanes, serial numbers GA8-00-004 and up; and                        

                            (ii)                             *Group 2 Airplanes:*                             Model GA8-TC320 airplanes, all serial numbers.                        

## Subject

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

## Reason

(e) The mandatory continuing airworthiness information (MCAI) states:

Inspection of a high time aircraft has revealed cracks in the Horizontal Stabiliser rear spar splice plate and inboard main ribs around the area of the Horizontal Stabiliser rear pivot attachment. Additionally, failure of some attach bolts in service may be due to improper assembly.

This amendment is issued to include an applicability matrix (Table 1, page 2) in the compliance section of the service bulletin for improved clarity.

The previous amendment included reference to the GA8-TC 320 variant in the applicability section.

Amendment 2 was issued because the requirement document now contains an inspection for cracking in horizontal stabilisers which have load transferring fittings installed.

Previous amendments of this AD listed the AD requirements in full. Due to the extensive use of diagrams and photographs, it is no longer appropriate or practical to write the requirements of the service bulletin out in full in this AD. All requirements, accomplishment instructions and illustrations are contained in the service bulletin.

                            The FAA is revising AD 2010-10-01 to allow the use of issue 6 or issue 5 of the service bulletin. An operator is in compliance if the operator chooses to only accomplish issue 5                                   ( print page 53848)                                of the SB. This proposed revision of the FAA's AD will make the FAA AD more consistent with the latest version of the MCAI.                        

## Actions and Compliance

                            (f)                             *For Group 1 Airplanes:*                             Unless already done, do the following actions:                        

(1) Within the next 10 hours time-in-service (TIS) after March 2, 2009 (the effective date retained from AD 2009-05-01):

(i) For all aircraft not incorporating computer numeric control (CNC) machined elevator hinges, inspect and repair the left and right horizontal stabilizer rear pivot attachment installation following instruction “3. Rear Pivot Attachment Inspection,” of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010; and

(ii) For all aircraft, inspect the left and right rear attach bolt mating surfaces for damage or an out of square condition and replace the left and right rear attach bolts following instruction “5. Rear Attach Bolt Replacement,” of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010. Reworking the mating surfaces by spotfacing is no longer acceptable. If the mating surfaces are damaged, not square, or were previously reworked by spotfacing the surface, replace the parts as specified in Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010.

(2) Within the next 10 hours TIS after March 2, 2009 (the effective date retained from AD 2009-05-01) and repetitively thereafter at intervals not to exceed 100 hours TIS or 12 months, whichever occurs first, for all aircraft:

(i) Inspect the horizontal stabilizer externally following instruction “2. External Inspection (Lower flange, Stabilizer rear spar),” of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010; and

(ii) Inspect the horizontal stabilizer internally following instruction “4. Internal Inspection,” of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010.

(3) If during the inspection required by paragraph (f)(2) of this AD any excessive local deflection or movement of the lower skin surrounding the lower pivot attachment, cracking, or working (loose) rivet is found, before further flight, obtain an FAA-approved repair scheme from the manufacturer and incorporate this repair scheme. Due to FAA policy, the repair scheme/modification for crack damage must include an immediate repair of the crack. The repair scheme cannot be by repetitive inspection only. The repair scheme/modification may incorporate repetitive inspections in addition to the repetitive inspections required in paragraph (f)(2) of this AD. Continued operational flight with un-repaired crack damage is not permitted.

                            (g)                             *For Group 2 Airplanes:*                             Unless already done, do the following actions:                        

(1) Within the next 10 hours TIS after May 10, 2010 (the effective date retained from AD 2010-10-01):

(i) For all aircraft not incorporating computer numeric control (CNC) machined elevator hinges, inspect and repair the left and right horizontal stabilizer rear pivot attachment installation following instruction “3. Rear Pivot Attachment Inspection,” of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010; and,

(ii) For all aircraft, inspect the left and right rear attach bolt mating surfaces for damage or an out of square condition and replace the left and right rear attach bolts following instruction “5. Rear Attach Bolt Replacement,” of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010. Reworking the mating surfaces by spotfacing is no longer acceptable. If the mating surfaces are damaged, not square, or were previously reworked by spotfacing the surface, before further flight, replace the parts as specified in Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010.

(2) Within the next 10 hours TIS after May 10, 2010 (the effective date retained from AD 2010-10-01) and repetitively thereafter at intervals not to exceed 100 hours TIS or 12 months, whichever occurs first, for all aircraft:

(i) Inspect the horizontal stabilizer externally following instruction “2. External Inspection (Lower flange, Stabilizer rear spar),” of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010; and

(ii) Inspect the horizontal stabilizer internally following instruction “4. Internal Inspection,” of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; or Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010.

(3) If during the inspection required by paragraph (g)(2) of this AD any excessive local deflection or movement of the lower skin surrounding the lower pivot attachment, cracking, or working (loose) rivet is found, before further flight, obtain an FAA-approved repair scheme from the manufacturer and incorporate this repair scheme. Due to FAA policy, the repair scheme/modification for crack damage must include an immediate repair of the crack. The repair scheme cannot be by repetitive inspection only. The repair scheme/modification may incorporate repetitive inspections in addition to the repetitive inspections required in paragraph (g)(2) of this AD. Continued operational flight with un-repaired crack damage is not permitted.

## FAA AD Differences

# Note:

This AD differs from the MCAI and/or service information as follows:

(1) “Requirement: 1. Daily Inspection (Stabilizer attach bolt)” of the service information requires a daily inspection of the stabilizer attach bolt. The daily inspection is not a requirement of this AD. Instead of the daily inspection, we require you to perform, within 10 hours TIS, “Requirement 3. Rear Pivot Attachment Inspection” and “Requirement 5. Rear Attachment Bolt Replacement” of the service information. Compliance with requirement 3. and 5. is a terminating action for the daily inspection, and we are requiring these within 10 hours TIS after the effective date of AD 2009-05-01 for Group 1 airplanes and AD 2010-10-01 for Group 2 airplanes.

(2) “Requirement: 2. External Inspection (Lower flange, Stabilizer rear spar)” of the service information does not specify any action if excessive local deflection or movement of lower skin, cracking, or working (loose) rivet is found. We require obtaining and incorporating an FAA-approved repair scheme from the manufacturer before further flight.

(3) The MCAI does not state if further flight with known cracks is allowed. FAA policy is to not allow further flight with known cracks in critical structure. We require that if any cracks are found when accomplishing the inspection required in paragraphs (f)(2) and (g)(2) of this AD, you must repair the cracks before further flight.

(4) The service information does not state that parts with spotfaced nut and bolt mating surfaces require replacement. However, the service information no longer allows reworking of the mating surfaces by spotfacing. We require that if any nut and bolt surfaces were previously reworked by spotfacing, you must replace the parts.

## 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: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; 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.                                  ( print page 53849)    

(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 Civil Aviation Safety Authority AD No. AD/GA8/5, Amdt 4, dated May 11, 2010; Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; and Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010, for related information.

## Material Incorporated by Reference

(h) You must use Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008; and Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 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 Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 6, dated April 21, 2010, under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) On March 2, 2009 (74 FR 8159; February 24, 2009), the Director of the Federal Register previously approved the incorporation by reference of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008.

                            (3) For service information identified in this AD, contact Gippsland Aeronautics, 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.*

(4) 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.

                            (5) 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 August 25, 2010.

John R. Colomy, 

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2010-21725 Filed 9-1-10; 8:45 am]

BILLING CODE 4910-13-P