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2010-04-14.pdf

[Rules and Regulations]

[Page 7945-7947]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23fe10-8]

 

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0121; Directorate Identifier 2010-CE-001-AD; Amendment 39-16207;

AD 2010-04-14]

RIN 2120-AA64

Airworthiness Directives; Augustair, Inc. Models 2150, 2150A, and 2180 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all Augustair, Inc. Models

2150, 2150A, and 2180 airplanes. This AD requires you to inspect the vertical stabilizer front spar for

cracks and loose fasteners, repair any cracks and loose fasteners found, and reinforce the vertical

stabilizer spar regardless if cracks are found. This AD results from six reports of airplanes with a

cracked vertical stabilizer front spar. We are issuing this AD to detect and correct cracks in the

vertical stabilizer front spar, which could result in separation of the vertical stabilizer from the

airplane. This failure could lead to loss of control.

 

DATES: This AD becomes effective on March 24, 2010.

    On March 24, 2010, the Director of the Federal Register approved the incorporation by reference

of certain publications listed in this AD.

    We must receive any comments on this AD by April 9, 2010.

 

ADDRESSES: Use one of the following addresses to comment on this AD.

Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for

submitting comments.

Fax: (202) 493-2251.

Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground

Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building

Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,

between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    To get the service information identified in this AD, contact Augustair, Inc., 1809 Hephzibah

McBean Rd., Hephzibah, Georgia 30815; telephone: (706) 836-8610; fax: (706) 925-2847; Internet:

http://VG21squadron.com; e-mail: lorenperry@aol.com.

 

    To view the comments to this AD, go to http://www.regulations.gov. The docket number is

FAA-2010-0121; Directorate Identifier 2010-CE-001-AD.

 

FOR FURTHER INFORMATION CONTACT: Hal Horsburgh, Aerospace Engineer, FAA,

Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, College Park, Georgia 30337;

telephone: (404) 474-5553; fax: (404) 474-5606; e-mail: hal.horsburgh@faa.gov.

 

SUPPLEMENTARY INFORMATION:

 

Discussion

 

    We received a maintenance problem report on an Augustair, Inc. Model 2180 indicating the

vertical stabilizer front spar was cracked completely across the Web. In addition, the fasteners

attaching the splice plates spanning the spar flange cuts were loose. We have also received five

additional reports of Augustair, Inc. Models 2150A and 2180 airplanes with cracks in the vertical

stabilizer front spar.

    This condition, if not corrected, could result in separation of the vertical stabilizer from the

airplane. This failure could lead to loss of control.

 

Relevant Service Information

 

    We reviewed Augustair Service Bulletin SB2009-1, Revision B, dated February 2, 2010. The

service information describes procedures for doing a detailed inspection of the vertical stabilizer front

spar for cracks or loose fasteners, repairing any damage found, and installing a doubler to the vertical

stabilizer front spar.

 

FAA's Determination and Requirements of This AD

 

    We are issuing this AD because we evaluated all the information and determined the unsafe

condition described previously is likely to exist or develop on other products of the same type design.

This AD requires you to inspect the vertical stabilizer front spar for cracks and loose fasteners, repair

any cracks found, replace loose or damaged fasteners, and reinforce the vertical stabilizer spar

regardless if cracks are found.

 

FAA's Determination of the Effective Date

 

    An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found

that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule

because cracks in the vertical stabilizer front spar could lead to separation of the vertical stabilizer

from the airplane and consequent loss of control. Therefore, we determined that notice and

opportunity for public comment before issuing this AD are impracticable and that good cause exists

for making this amendment effective in fewer than 30 days.

 

Comments Invited

 

    This AD is a final rule that involves requirements affecting flight safety, and we did not precede

it by notice and an opportunity for public comment. We invite you to send any written relevant data,

views, or arguments regarding this AD. Send your comments to an address listed under the

ADDRESSES section. Include the docket number ''FAA-2010-0121; Directorate Identifier 2010-CE-

001-AD'' at the beginning of your comments. We specifically invite comments on the overall

regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments

received by the closing date and may amend the AD in light of those comments.

 

    We will post all comments we receive, without change, to http://www.regulations.gov, including

any personal information you provide. We will also post a report summarizing each substantive

verbal contact we receive concerning this AD.

 

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 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 that contains the AD, the regulatory evaluation, any comments

received, and other information 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 Docket Office (telephone (800) 647-5527) 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, 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泡IRWORTHINESS DIRECTIVES

 

1. The authority citation for part 39 continues to read as follows:

 

    Authority: 49 U.S.C. 106(g), 40113, 44701.

 

ァ 39.13 [Amended]

 

2. The FAA amends ァ 39.13 by adding the following new airworthiness directive (AD):

 

________________________________________________________________________________

 

 

 

 

FAA

Aviation Safety

 

          AIRWORTHINESS DIRECTIVE

 

               www.faa.gov/aircraft/safety/alerts/

               www.gpoaccess.gov/fr/advanced.html

 

2010-04-14 Augustair, Inc.: Amendment 39-16207; Docket No. FAA-2010-0121; Directorate

Identifier 2010-CE-001-AD.

 

Effective Date

(a) This AD becomes effective on March 24, 2010.

 

Affected ADs

(b) None.

 

Applicability

(c) This AD applies to the following airplane models and serial numbers that are certificated in

any category:

 

Model  Serial Numbers  Note
2150

FP-1 through FP-10 and   

MS-1-P

  These aircraft were produced by Morrisey Aviation 

  Inc.

2150A

SFP-11, SP12 through

SP-33, and SP-35

through SP-45

  These aircraft were produced by Shinn Engineering

  Company, Santa Ana, California, under licensing

  agreement with Morrisey Aviation Inc.

2150A

 VAC-50 through VAC-

52, and VAC-54-76

through VAC-189-85

  These aircraft were produced by Varga Aircraft

  Corporation, Chandler, Arizona.

2180

VAC-68-77 through

VAC-191-82

  These aircraft were produced by Varga Aircraft

  Corporation, Chandler, Arizona.

 

 

Subject

 

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

 

Unsafe Condition

 

    (e) This AD is the result of six reports of Augustair, Inc. Models 2150A and 2180 airplanes with

a cracked vertical stabilizer front spar. We are issuing this AD to detect and correct cracks in the

vertical stabilizer front spar, which could result in separation of the vertical stabilizer from the

airplane. This failure could lead to loss of control.

 

Compliance

 

    (f) To address this problem, you must do the following, unless already done:

 

    (1) Before further flight after March 24, 2010 (the effective date of this AD), visually inspect the

vertical stabilizer front spar for cracks and other damage (loose fasteners, corrosion, scratches)

following section 2, paragraph A, of Augustair Service Bulletin SB2009-1, Revision B, dated

February 2, 2010.

    (2) At the applicable compliance time specified in paragraph (f)(2)(i) and (f)(2)(ii) of this AD, do

a detailed inspection of the vertical stabilizer front spar for cracks and other damage, repair any

damage found, and install a doubler to the vertical stabilizer front spar following section 2, paragraph

B, of Augustair Service Bulletin SB2009-1, Revision B, dated February 2, 2010.

    (i) Before further flight after the inspection required in paragraph (f)(1) of this AD where cracks

or other damage is found; or

    (ii) Within 10 hours time-in-service (TIS) after the inspection required in paragraph (f)(1) of this

AD where no cracks or other damage was found.

    (3) Report the inspection results from paragraph (f)(2) of this AD within 30 days after the

inspection or within 30 days after March 24, 2010 (the effective date of this AD), whichever occurs

later. Send your report to ATTN: Hal Horsburgh, Aerospace Engineer, FAA, Atlanta Aircraft

Certification Office (ACO), 1701 Columbia Avenue, College Park, Georgia 30337; fax: (404) 474-

5606; e-mail: hal.horsburgh@faa.gov. The Office of Management and Budget (OMB) approved the

information collection requirements contained in this regulation under the provisions of the

Paperwork Reduction Act and assigned OMB Control Number 2120-0056. Include in your report the

following information:

    (1) Aircraft model and serial number;

    (2) Aircraft hours TIS;

    (3) Answer whether any crack was found and, if so, the crack location and size;

    (4) Description of any previous modifications or repairs in the vertical stabilizer spar attachment

area or if the airplane was modified with a different engine model or propeller model than originally

installed on the airplane and hours TIS when the modification was done;

    (5) Corrective action taken;

    (6) Answer yes or no whether other damage was found; and if so, describe it;

    (7) Point of contact name and phone number; and

    (8) Clearly identify the AD No., Docket No., and Directorate Identifier of the AD action

requiring the report.

 

Alternative Methods of Compliance (AMOCs)

 

    (g) The Manager, Atlanta Aircraft Certification Office (ACO), 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: Hal Horsburgh, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office (ACO), 1701

Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474-5553; fax: (404) 474-5606; email:

hal.horsburgh@faa.gov. 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.

 

Material Incorporated by Reference

 

    (h) You must use Augustair Service Bulletin SB2009-1, Revision B, dated February 2, 2010, to

do the actions required by this AD, unless the AD specifies otherwise.

    (1) The Director of the Federal Register approved the incorporation by reference of this service

information under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) For service information identified in this AD, contact Augustair, Inc., 1809 Hephzibah

McBean Rd., Hephzibah, Georgia 30815; telephone: (706) 836-8610; fax: (706) 925-2847; Internet:

http://VG21squadron.com; e-mail: lorenperry@aol.com.

 

    (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 February 11, 2010.

Steven W. Thompson,

Acting Manager, Small Airplane