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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2010-0260; Directorate Identifier 2010-CE-015-AD; Amendment 39-16440; AD 2010-20-06]
          - RIN 2120-AA64

# AGENCY:

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

# ACTION:

Final rule.

# SUMMARY:

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The manufacturer has received a report of a failed canopy jettison test, during a regular maintenance check. The investigation revealed that a cable shroud of the jettison system protruded the canopy structure, which probably caused the malfunction. Inability to jettison the canopy in flight would prevent evacuation of the aeroplane in case of need.

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

# DATES:

This AD becomes effective November 1, 2010.

On November 1, 2010, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD.

# ADDRESSES:

                        You may examine the AD docket on the Internet at                         *http://www.regulations.gov*                         or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.                    

# FOR FURTHER INFORMATION CONTACT:

                        Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106;                         *telephone:*                         (816) 329-4130;                         *fax:*                         (816) 329-4090.                    

# SUPPLEMENTARY INFORMATION:

## Discussion

                    We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That SNPRM was published in the                     **Federal Register**                     on June 4, 2010 (75 FR 31734). That SNPRM proposed to correct an unsafe condition for the specified products. The MCAI states:                

The manufacturer has received a report of a failed canopy jettison test, during a regular maintenance check. The investigation revealed that a cable shroud of the jettison system protruded the canopy structure, which probably caused the malfunction. Inability to jettison the canopy in flight would prevent evacuation of the aeroplane in case of need.

For the reason stated above, this AD mandates an additional one time canopy jettison test and repair if necessary.

You may obtain further information by examining the MCAI in the AD docket.

## Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM or on the determination of the cost to the public.

## Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed.

## Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD.

## Costs of Compliance

We estimate that this AD will affect 3 products of U.S. registry. We also estimate that it will take about 3 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.

Based on these figures, we estimate the cost of this AD on U.S. operators to be $765 or $255 per product.

In addition, we estimate that any necessary follow-on actions will take about 3 work-hours and require parts costing $68, for a cost of $323 per product. We have no way of determining the number of products that may need these actions.

## Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

## Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

*For the reasons discussed above, I certify this AD:*

(1) Is not a “significant regulatory action” under Executive Order 12866;

(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket.

## Examining the AD Docket

                    You may examine the AD docket on the Internet at                     *http://www.regulations.gov;*                     or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the                     **ADDRESSES**                     section. Comments will be                           ( print page 59078)                        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 adding the following new AD: 

**2010-20-06 GROB-WERKE (Type Certificate Previously Held by BURKHART GROB Luft- und Raumfahrt)**                            : Amendment 39-16440; Docket No. FAA-2010-0260; Directorate Identifier 2010-CE-015-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective November 1, 2010.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to GROB-WERKE (Type Certificate Previously Held by BURKHART GROB Luft- und Raumfahrt) Models G115C, G115D, and G115D2 airplanes, all serial numbers, certificated in any category.

## Subject

(d) Air Transport Association of America (ATA) Code 52: Doors.

## Reason

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

The manufacturer has received a report of a failed canopy jettison test, during a regular maintenance check. The investigation revealed that a cable shroud of the jettison system protruded the canopy structure, which probably caused the malfunction. Inability to jettison the canopy in flight would prevent evacuation of the aeroplane in case of need.

For the reason stated above, this AD mandates an additional one time canopy jettison test and repair if necessary.

## Actions and Compliance

(f) Unless already done, do the following actions:

(1) Before further flight after November 1, 2010 (the effective date of this AD), fabricate a placard (using at least 1/8-inch letters) with the following words and install the placard on the instrument panel within the pilot's clear view: “AEROBATIC FLIGHT PROHIBITED.”

(2) Before the next aerobatic flight after November 1, 2010 (the effective date of this AD), do a canopy jettison test following Grob Aircraft AG Service Bulletin No. MSB1078-164, dated July 21, 2009.

                            (3) If the canopy jettison fails the test required in paragraph (f)(2) of this AD, before further aerobatic flight, contact Grob Aircraft AG, Customer Service, 86874 Tussenhausen-Mattsies, Germany, telephone: + 49 (0) 8268-998-105; fax; + 49 (0)  8268-998-200; e-mail:                             *productsupport@grob-aircraft.com,*                             for an FAA-approved repair scheme and incorporate the repair scheme.                        

(4) Within 7 days after doing the canopy jettison test required in paragraph (f)(2) of this AD or within 7 days after November 1, 2010 (the effective date of this AD), whichever occurs later, submit a report of the test results using Appendix 1 of Grob Aircraft AG Service Bulletin No. MSB1078-164, dated July 21, 2009, to Grob Aircraft AG at the address specified in paragraph (f)(3)(i) of this AD.

(5) After the corrective actions specified in paragraph (f)(3) or if the canopy jettison passed the test required in paragraph (f)(2) of this AD, before further flight, remove the placard that was installed in accordance with paragraph (f)(1) of this AD.

## FAA AD Differences

# Note:

This AD differs from the MCAI and/or service information as follows: The MCAI does not have a placard requirement. To eliminate any confusion and to ensure pilot awareness of the unsafe condition, we added a temporary placard requirement to this AD.

## Other FAA AD Provisions

(g) The following provisions also apply to this AD:

                            (1)                             *Alternative Methods of Compliance (AMOCs):*                             The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.                        

                            (2)                             *Airworthy Product:*                             For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.                        

                            (3)                             *Reporting Requirements:*                             For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056.                        

## Related Information

(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.  2009-0279, dated December 23, 2009; and Grob Aircraft AG Service Bulletin No. MSB1078-164, dated July 21, 2009, for related information.

## Material Incorporated by Reference

(i) You must use Grob Aircraft AG Service Bulletin No. MSB1078-164, dated July 21, 2009, to do the actions required by this AD, unless the AD specifies otherwise.

(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

                            (2) For service information identified in this AD, contact Grob Aircraft AG, Customer Service, 86874 Tussenhausen-Mattsies, Germany, Internet:                             *http://www.grob-aircraft.eu/​.*

(3) You may review copies of the service information incorporated by reference for this AD at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the Central Region, call (816) 329-3768.

                            (4) You may also review copies of the service information incorporated by reference for this AD at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to:                             *http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.*

Issued in Kansas City, Missouri, on September 16, 2010.

William J. Timberlake,

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2010-23740 Filed 9-24-10; 8:45 am]

BILLING CODE 4910-13-P