Airworthiness Directives; Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) Airplanes, 53285-53288 [2014-18311]

Download as PDF Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Rules and Regulations For the Nuclear Regulatory Commission. Darren B. Ash, Acting Executive Director for Operations. [FR Doc. 2014–21418 Filed 9–8–14; 8:45 am] BILLING CODE 7590–01–P 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 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: 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 https:// www.regulations.gov/ #!docketDetail;D=FAA-2014-0003; or in person at the Docket Management tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:16 Sep 08, 2014 Jkt 232001 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 https:// www.gulfstream.com/product_support/ technical_pubs/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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 53285 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 https:// www.regulations.gov/ #!documentDetail;D=FAA-2014-00030002. 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 E:\FR\FM\09SER1.SGM 09SER1 tkelley on DSK3SPTVN1PROD with RULES 53286 Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Rules and Regulations 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 CAAIapproved, 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 CAAIapproved, 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. VerDate Mar<15>2010 16:16 Sep 08, 2014 Jkt 232001 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 DAHprovided 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: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 • 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 workhour. 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 E:\FR\FM\09SER1.SGM 09SER1 Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Rules and Regulations under the criteria of the Regulatory Flexibility Act. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov/#!docket Detail;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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 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). tkelley on DSK3SPTVN1PROD with RULES (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 VerDate Mar<15>2010 16:16 Sep 08, 2014 Jkt 232001 (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, nonconservative 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 53287 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-116AMOC-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 https:// 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 https:// www.gulfstream.com/product_support/ technical_pubs/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 E:\FR\FM\09SER1.SGM 09SER1 53288 Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Rules and Regulations Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0326; Directorate Identifier 2013–CE–051–AD; Amendment 39–17965; AD 2014–18–01] RIN 2120–AA64 Airworthiness Directives; Rockwell Collins, Inc. Transponders Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Rockwell Collins TDR–94 and TDR–94D Mode select (S) transponders that are installed on airplanes. This AD was prompted by instances where the TDR– 94 and TDR–94D Mode S transponders did not properly respond to Mode S Only All-Call interrogations when the airplane transitioned from a ground to airborne state. This AD requires inspecting the setting of the airplane type code category strapping and requires either modifying the airplane type code category setting or installing the software upgrade to convert the affected transponders to the new part number. We are issuing this AD to correct the unsafe condition on these products. SUMMARY: This AD is 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. ADDRESSES: For service information identified in this AD, contact Rockwell Collins, Inc., Collins Aviation Services, 350 Collins Road NE., M/S 153–250, Cedar Rapids, IA 52498–0001; telephone: 888–265–5467 (U.S.) or 319– 265–5467; fax: 319–295–4941 (outside U.S.); email: techmanuals@ rockwellcollins.com; Internet: https:// www.rockwellcollins.com/Services_ and_Support/Publications.aspx. You tkelley on DSK3SPTVN1PROD with RULES DATES: VerDate Mar<15>2010 16:16 Sep 08, 2014 Jkt 232001 may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0326; 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 address for the Docket Office (phone: 800–647–5527) is 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: Ben Tyson, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: 316–946–4174; fax: 316–946–4107; email: ben.tyson@ faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Rockwell Collins TDR– 94 and TDR–94D Mode select (S) transponders that are installed on airplanes. The NPRM published in the Federal Register on May 22, 2014, (79 FR 29384). The NPRM was prompted by instances where the TDR–94 and TDR– 94D Mode S transponders did not properly respond to Mode S Only AllCall interrogations when the airplane transitioned from a ground to airborne state. We were notified that Bombardier CL604 airplanes in Eurocontrol airspace were not transmitting the appropriate Mode S replies. In at least one case, the flight crews switched to the other installed transponder, resulting in normal operation. Rockwell Collins, Inc. confirmed that other types of airplane could exhibit this same unsafe condition. As a result of the issue in Eurocontrol airspace, EASA issued Airworthiness Directive 2010–0003R1, effective date January 11, 2010. The TDR–94 and TDR–94D Mode S transponder internal software does not correctly implement the air/ground override function when the airplane PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 type code strapping is set to any value other than (1) or (0) and the airplane rotation speed is greater than 100 knots. The error in the air/ground override function inhibits the Mode S Only AllCall replies. The NPRM proposed to require inspecting the setting of the airplane type code category strapping and require either modifying the airplane type code category setting or installing the software upgrade to convert the affected transponders to the new part number. We are issuing this AD to correct the unsafe condition on these products. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the NPRM and the FAA’s response to the comment. Request Kevin Lorrigan requested we add Beechcraft Models B300, B300C, and Hawker 900XP airplanes to paragraph (c), Applicability, to the AD because typically these airplanes are equipped with the TDR–94 or TDR–94D transponders with weight-on-wheels input. The FAA agrees those airplanes were equipped with the TDR–94 or TDR–94D transponders when they were delivered from the factory. However, we disagree with adding these airplanes to paragraph (c), Applicability, of the AD. After we consulted with Beechcraft and reviewed their production records, we determined these airplanes are unaffected in their original ‘‘asdelivered’’ configurations. The airplanes were delivered with the TDR–94 or TDR–94D transponders, but they were strapped in such a manner that they remain unaffected. Paragraph (c), Applicability, of this AD is not intended as all-inclusive. Paragraph (c) of this AD states, ‘‘. . . transponders that are installed on but not limited to the airplanes . . .’’ and gives a partial listing of airplanes known to have the affected transponders installed. Due to the possibility of modification of the airplane after delivery, each owner must evaluate the airplane’s current configuration to determine compliance with the AD. We did not change the final rule AD action based on this comment. Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial E:\FR\FM\09SER1.SGM 09SER1

Agencies

[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.

-----------------------------------------------------------------------

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 https://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 https://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 https://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

[[Page 53286]]

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

[[Page 53287]]

under the criteria of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://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]

0
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 https://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 https://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

[[Page 53288]]

Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: https://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
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