[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Proposed Rules]
[Pages 35223-35224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9560]



[[Page 35223]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24955; Directorate Identifier 2006-CE-31-AD]
RIN 2120-AA64


Airworthiness Directives; Gippsland Aeronautics Pty. Ltd. Model 
GA8 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an airworthiness 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The proposed AD would require actions 
that are intended to address an unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 19, 2006.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Gippsland Aeronautics, PO Box 881, Morwell, Victoria 3840, Australia; 
telephone: +61 (0) 3 5172 1200; facsimile: +61 (0) 3 5172 1201; e-mail: 
[email protected].

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

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. We are prototyping this process and 
specifically request your comments on its use. You can find more 
information in FAA draft Order 8040.2, ``Airworthiness Directive 
Process for Mandatory Continuing Airworthiness Information'' which is 
currently open for comments at http://www.faa.gov/aircraft/draft_docs. 
This streamlined process will allow us to adopt MCAI safety 
requirements in a more efficient manner and will reduce safety risks to 
the public.
    This process continues to follow all existing AD issuance processes 
to meet legal, economic, Administrative Procedure Act, and Federal 
Register requirements. We also continue to follow our technical 
decision-making processes in all aspects to meet our responsibilities 
to determine and correct unsafe conditions on U.S.-certificated 
products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.
    The comment period for this proposed AD is open for 30 days to 
allow time for comment on both the process and the AD content. In the 
future, ADs using this process will have a 15-day comment period. The 
comment period is reduced because the airworthiness authority and 
manufacturer have already published the documents on which we based our 
decision, making a longer comment period unnecessary.

Comments Invited

    We invite you to send any written data, views, or arguments 
regarding this proposed AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number, ``FAA-2006-
24955; Directorate Identifier 2006-CE-31-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We are 
also inviting comments, views, or arguments on the new MCAI process. We 
will consider all comments received by the closing date and may amend 
this proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    The Civil Aviation Safety Authority (CASA), which is the 
airworthiness authority for Australia, has issued Australian AD No. AD/
GA8/4, effective April 13, 2006, (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states that the aircraft manufacturer has identified the current 
location of the pilot and second occupant seat stops is such that, at 
either seat's most forward position, aft movement of the control column 
can be restricted by the seat structure. If not corrected, this 
condition could lead to reduced controllability of the airplane in 
certain conditions. The MCAI requires relocating the seat stop to 
eliminate this condition. You may obtain further information by 
examining the MCAI in the docket.

Relevant Service Information

    Gippsland Aeronautics has issued Mandatory Service Bulletin SB-GA8-
2005-29, Issue 2, dated February 14, 2006. 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 Proposed AD

    This product is manufactured outside the United States and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral agreement. Pursuant to this bilateral 
airworthiness agreement, the State of Design's airworthiness authority 
has notified us of the unsafe condition described in the MCAI and 
service information referenced above. We have examined the 
airworthiness authority's findings, evaluated all pertinent 
information, and determined an unsafe condition exists and is likely to 
exist or develop on all products of this type design. We are issuing 
this proposed AD to correct the unsafe condition.

Differences Between This Proposed 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 a U.S. court of 
law. In making these changes,

[[Page 35224]]

we do not intend to differ substantively from the information provided 
in the MCAI and related service information.
    We might also have proposed different actions in this proposed AD 
from those in the MCAI in order to follow FAA policies. Any such 
differences are described in a separate paragraph of this proposed AD. 
These proposed requirements, if ultimately adopted, will take 
precedence over the actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 22 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to do the action and that 
the average labor rate is $80 per work-hour. Required parts would cost 
about $20 per product. Where the service information lists required 
parts costs that are covered under warranty, we have assumed that there 
will be no charge for these costs. As we do not control warranty 
coverage for affected parties, some parties may incur costs higher than 
estimated here. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be $7,920, or $360 per product ($180 
per seat assembly).

Authority for This Rulemaking

    Title 49 of the United States Code specifies 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 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 have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://dms.dot.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) 647-5227) 
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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Gippsland Aeronautics Pty. Ltd.: FAA-2006-24955; Directorate 
Identifier 2006-CE-31-AD

Comments Due Date

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by July 19, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model GA8 airplanes, all serial numbers 
through GA8-05-088, that are certificated in any U.S. category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Australia states that the 
aircraft manufacturer has determined that the current location of 
the pilot and second occupant seat stops is such that, at either 
seat's most forward position, aft movement of the control column can 
be restricted by the seat structure. If not corrected, this 
condition could lead to reduced controllability of the airplane in 
certain conditions. The MCAI requires relocating the seat stop to 
eliminate this condition.

Actions and Compliance

    (e) Unless already done, do the following except as stated in 
paragraph (f) below:
    (1) At the next regularly scheduled maintenance inspection (e.g. 
100 hour or annual) that occurs 30 days after the effective date of 
this AD, modify the pilot and second occupant seat track rails to 
add a new stop location.
    (2) Do the modification following Gippsland Aeronautics 
Mandatory Service Bulletin SB-GA8-2005-29, Issue 2, dated February 
14, 2006.

FAA AD Differences

    (f) None.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4059; facsimile: (816) 329-
4090, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19.
    (2) Return to Airworthiness: When complying with this AD, 
perform FAA-approved corrective actions before returning the product 
to an airworthy condition.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) This AD is related to MCAI Australian AD No. AD/GA8/4, 
effective April 13, 2006, which references Gippsland Aeronautics 
Mandatory Service Bulletin SB-GA8-2005-29, Issue 2, dated February 
14, 2006.

    Issued in Kansas City, Missouri, on June 12, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-9560 Filed 6-16-06; 8:45 am]
BILLING CODE 4910-13-P