Airworthiness Directives; Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) Airplanes

Federal Register, Volume 79 Issue 174 (Tuesday, September 9, 2014)

Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)

Rules and Regulations

Pages 53285-53288

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-18311

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

Docket No. FAA-2014-0003; Directorate Identifier 2013-NM-103-AD; Amendment 39-17922; AD 2014-15-19

RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-03-23 for all Gulfstream Aerospace LP (Type Certificate previously held by Israel Aircraft Industries, Ltd.) Model Gulfstream G150 airplanes. AD 2013-03-

23 required revising the airplane flight manual (AFM) to include procedures to advise the flightcrew of certain runway slope and anti-

ice corrections and takeoff distance values. This new AD requires revising the Performance section of the AFM, which includes the revised procedures. This AD was prompted by the issuance of a revision to the AFM, which modifies runway slope and anti-ice corrections to both V1 and takeoff distance values. We are issuing this AD to prevent the use of published, non-conservative data, which could result in the inability to meet the required takeoff performance, with a consequent hazard to safe operation during performance-limited takeoff operations.

DATES: This AD becomes effective October 14, 2014.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 14, 2014.

The Director of the Federal Register approved the incorporation by reference of a certain other publications listed in this AD as of March 26, 2013 (78 FR 11567, February 19, 2013).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0003; 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.

For service information identified in this AD, contact Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station D-25, Savannah, GA 31402-2206; telephone 800-810-4853; fax 912-965-3520; email pubs@gulfstream.com; Internet http://www.gulfstream.com/

productsupport/technicalpubs/pubs/index.htm. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2013-03-23, Amendment 39-17357 (78 FR 11567, February 19, 2013). AD 2013-03-23 applied to all Gulfstream Aerospace LP (Type Certificate previously held by Israel Aircraft Industries, Ltd.) Model Gulfstream G150 airplanes. The NPRM published in the Federal Register on January 21, 2014 (79 FR 3339). The NPRM was prompted by the issuance of a revision to the AFM, which modifies runway slope and anti-ice corrections to both V1 and takeoff distance values. The NPRM proposed to continue to require revising the AFM to include procedures to advise the flightcrew of certain runway slope and anti-ice corrections and takeoff distance values. The NPRM also proposed to require revising the Performance section of the AFM, which includes the revised procedures. We are issuing this AD to prevent the use of published, non-conservative data, which could result in the inability to meet the required takeoff performance, with a consequent hazard to safe operation during performance-limited takeoff operations.

The Civil Aviation Authority of Israel (CAAI), which is the aviation authority for Israel, has issued Israeli Airworthiness Directive 01-12-02-02R1, April 23, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:

This CAAI AD mandates revised limitations in the G150 AFM, pertaining to the Performance Section. Each operator must incorporate Rev.17 to the G150 AFM and remove previous AFM TR 3 dated December 14, 2012.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0003-0002.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (79 FR 3339, January 21, 2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

Since late 2006, we have included a standard paragraph titled ``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD based on a foreign authority's AD.

The MCAI or referenced service information in an FAA AD often directs the owner/operator to contact the manufacturer for corrective actions, such as a repair. Briefly, the Airworthy Product paragraph allowed owners/operators to use corrective actions provided by the manufacturer if those actions were FAA-approved. In addition, the paragraph stated that any actions approved by the State of Design Authority (or its delegated agent) are considered to be FAA-approved.

In the NPRM (79 FR 3339, January 21, 2014), we proposed to prevent the use of repairs that were not specifically developed to correct the unsafe condition, by requiring that the repair approval provided by the State of Design Authority or its delegated agent specifically refer to this FAA AD. This change was intended to clarify the method of compliance and to provide operators with better visibility of repairs that are specifically developed and approved to correct the unsafe condition. In addition, we proposed to change the phrase ``its delegated agent'' to include a design approval holder (DAH) with State of Design Authority design organization approval (DOA), as applicable, to refer to a DAH authorized to approve required repairs for the proposed AD.

No comments were provided to the NPRM (79 FR 3339, January 21, 2014) about these proposed changes. However, a comment was provided for a similar NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013). The commenter stated the

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following: ``The proposed wording, being specific to repairs, eliminates the interpretation that Airbus messages are acceptable for approving minor deviations (corrective actions) needed during accomplishment of an AD mandated Airbus service bulletin.''

This comment has made the FAA aware that some operators have misunderstood or misinterpreted the Airworthy Product paragraph to allow the owner/operator to use messages provided by the manufacturer as approval of deviations during the accomplishment of an AD-mandated action. The Airworthy Product paragraph does not approve messages or other information provided by the manufacturer for deviations to the requirements of the AD-mandated actions. The Airworthy Product paragraph only addresses the requirement to contact the manufacturer for corrective actions for the identified unsafe condition and does not cover deviations from other AD requirements. However, deviations to AD-

required actions are addressed in 14 CFR 39.17, and anyone may request the approval for an alternative method of compliance to the AD-required actions using the procedures found in 14 CFR 39.19.

To address this misunderstanding and misinterpretation of the Airworthy Product paragraph, we have changed that paragraph and retitled it ``Contacting the Manufacturer.'' This paragraph now clarifies that for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the FAA, the CAAI, or the CAAI's authorized Designee. It also clarifies that if approved by the CAAI Designee, the approval must include the Designee's authorized signature. Where necessary throughout this AD, we also replaced any reference to approvals of corrective actions with a reference to the Contacting the Manufacturer paragraph.

The Contacting the Manufacturer paragraph also clarifies that, if approved by the CAAI Designee, the approval must include the Designee's authorized signature. The Designee signature indicates that the data and information contained in the document are CAAI-approved, which is also FAA-approved. Messages and other information provided by the manufacturer that do not contain the Designee's authorized signature approval are not CAAI-approved, unless the CAAI directly approves the manufacturer's message or other information.

This clarification does not remove flexibility previously afforded by the Airworthy Product paragraph. Consistent with long-standing FAA policy, such flexibility was never intended for required actions. This is also consistent with the recommendation of the Airworthiness Directive Implementation Aviation Rulemaking Committee to increase flexibility in complying with ADs by identifying those actions in manufacturers' service instructions that are ``Required for Compliance'' with ADs. We continue to work with manufacturers to implement this recommendation. But once we determine that an action is required, any deviation from the requirement must be approved as an alternative method of compliance.

Other commenters to the NPRM discussed previously, Directorate Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out that in many cases the foreign manufacturer's service bulletin and the foreign authority's MCAI might have been issued some time before the FAA AD. Therefore, the DOA might have provided U.S. operators with an approved repair, developed with full awareness of the unsafe condition, before the FAA AD is issued. Under these circumstances, to comply with the FAA AD, the operator would be required to go back to the manufacturer's DOA and obtain a new approval document, adding time and expense to the compliance process with no safety benefit.

Based on these comments, we removed the requirement that the DAH-

provided repair specifically refer to this AD. Before adopting such a requirement, the FAA will coordinate with affected DAHs and verify they are prepared to implement means to ensure that their repair approvals consider the unsafe condition addressed in this AD. Any such requirements will be adopted through the normal AD rulemaking process, including notice-and-comment procedures, when appropriate. We also have decided not to include a generic reference to either the ``delegated agent'' or ``DAH with State of Design Authority design organization approval,'' but instead we have provided the specific delegation approval granted by the State of Design Authority for the DAH in the Contacting the Manufacturer paragraph of this AD.

Conclusion

We reviewed the relevant data and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:

Are consistent with the intent that was proposed in the NPRM (79 FR 3339, January 21, 2014) for correcting the unsafe condition; and

Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 3339, January 21, 2014).

Costs of Compliance

We estimate that this AD affects 67 airplanes of U.S. registry.

We estimate that it will take about 1 work-hour per product to comply with the new 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 on U.S. operators to be $5,695, or $85 per product.

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 the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska; and

4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities

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   under the criteria of the Regulatory Flexibility Act.

   Examining the AD Docket

   You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0003; 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 Operations office (telephone 800-647-

   5527) is in the ADDRESSES section.

   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

   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

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2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 2013-03-23, Amendment 39-17357 (78 FR 11567, February 19, 2013), and adding the following new AD:

   2014-15-19 Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.): Amendment 39-17922. Docket No. FAA-2014-0003; Directorate Identifier 2013-NM-103-AD.

   (a) Effective Date

   This airworthiness directive (AD) becomes effective October 14, 2014.

   (b) Affected ADs

   This AD replaces AD 2013-03-23, Amendment 39-17357 (78 FR 11567, February 19, 2013).

   (c) Applicability

   This AD applies to Gulfstream Aerospace LP (Type Certificate previously held by Israel Aircraft Industries, Ltd.) Model Gulfstream G150 airplanes, certificated in any category, all serial numbers.

   (d) Subject

   Air Transport Association (ATA) of America Code 01, Operations information.

   (e) Reason

   This AD was prompted by the issuance of a revision to the airplane flight manual (AFM), which modifies runway slope and anti-

   ice corrections to both V1 and takeoff distance values. We are issuing this AD to prevent the use of published, non-

   conservative data, which could result in the inability to meet the required takeoff performance, with a consequent hazard to safe operation during performance-limited takeoff operations.

   (f) Compliance

   Comply with this AD within the compliance times specified, unless already done.

   (g) Retained AFM Revision

   This paragraph restates the actions required by paragraph (g) of AD 2013-03-23, Amendment 39-17357 (78 FR 11567, February 19, 2013). Within 60 days after March 26, 2013 (the effective date of AD 2013-

   03-23), revise Section V, Performance, of the Gulfstream G150 AFM to include the information in Gulfstream G150 Temporary Revision (TR) 3, dated December 14, 2011. This TR introduces corrections for runway slope. Operate the airplane according to the procedures in this TR.

   Note 1 to paragraph (g) of this AD: The AFM revision required by paragraph (g) of this AD may be done by inserting copies of Gulfstream G150 TR 3, dated December 14, 2011, into the AFM. When this TR has been included in general revisions of the AFM, the general revisions may be inserted in the AFM, provided the relevant information in the general revision is identical to that in Gulfstream G150 TR 3, dated December 14, 2011, and the TR may be removed.

   (h) New AFM Revision

   Within 60 days after the effective date of this AD, revise the Gulfstream G150 AFM to incorporate the information in Section V, Performance, of the Gulfstream G150 AFM G150-1001-1, Revision 17, dated April 17, 2013. Revision 17 of this AFM contains revisions of runway slope and anti-ice corrections to the V1 and takeoff distance values. Before further flight, after accomplishing the revision, remove Gulfstream G150 TR 3, dated December 14, 2011, or the information contained in Gulfstream G150 TR 3, dated December 14, 2011, from the AFM. Operate the airplane according to the procedures in Section V, Performance, of Gulfstream G150 AFM G150-

   1001-1, Revision 17, dated April 17, 2013. Revising the AFM to Gulfstream G150 AFM G150-1001-1, Revision 17, dated April 17, 2013, terminates the action required by paragraph (g) of this AD.

   (i) Other FAA AD Provisions

   The following provisions also apply to this AD:

   (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-

   3356; telephone 425-227-1622; fax 425-227-1149. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

   (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the Civil Aviation Authority of Israel (CAAI); or the CAAI's authorized Designee. If approved by the CAAI Designee, the approval must include the Designee's authorized signature.

   (j) Special Flight Permits

   Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed.

   (k) Related Information

   Refer to Mandatory Continuing Airworthiness Information (MCAI) Israel Airworthiness Directive 01-12-02-02-R1, dated April 23, 2013, for related information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0003-0002.

   (l) 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 this AD specifies otherwise.

   (i) Gulfstream G150 AFM G150-1001-1, Revision 17, dated April 17, 2013.

   (ii) Reserved.

   (3) The following service information was approved for IBR on March 26, 2013 (78 FR 11567, February 19, 2013).

   (i) Gulfstream G150 Temporary Revision 3, dated December 14, 2011, to Section V, Performance, of the Gulfstream G150 AFM.

   (ii) Reserved.

   (4) For service information identified in this AD, contact Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station D-25, Savannah, GA 31402-2206; telephone 800-810-4853; fax 912-965-3520; email pubs@gulfstream.com; Internet http://www.gulfstream.com/

   productsupport/technicalpubs/pubs/index.htm.

   (5) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

   (6) You may view this service information that is incorporated by reference at the National Archives and Records

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   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/cfr/ibr-locations.html.

   Issued in Renton, Washington, on July 14, 2014.

   Michael Kaszycki,

   Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

   FR Doc. 2014-18311 Filed 9-8-14; 8:45 am

   BILLING CODE 4910-13-P