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AGENCY: Federal Aviation Administration
(FAA), DOT.
ACTION: Final rule; request for comments
SUMMARY: We are adopting a new airworthiness directive (AD) for
the products listed above. This AD results from mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as: The manufacturer has advised of
receiving a report from a G 120A operator of an electrical fire caused
by a chafed/scorched cable loom. It has been found that the RH main power
distribution cable chafed on the instrument panel combing. It is likely
that vibrations made the wiring to chafe. The chafing caused eventually
electrical arcing and subsequently an in-flight fire that damaged partially
the instrument panel cover. This AD requires actions that are intended
to address the unsafe condition described in the MCAI.
DATES: This AD becomes effective July 1, 2009. On July 1, 2009,
the Director of the Federal Register approved the incorporation by reference
of certain publications listed in this AD. We must receive comments on
this AD by July 13, 2009.
ADDRESSES: You may send comments by any of the following methods:
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http:// www.regulations.gov;
or in person at the Docket Management Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other information.
The street address for the Docket Office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4146; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued AD No.: 2009-0107,
dated May 8, 2009 (referred to after this as "the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:
The manufacturer has advised of receiving a report from a G 120A operator
of an electrical fire caused by a chafed/scorched cable loom. It has been
found that the RH main power distribution cable chafed on the instrument
panel combing. It is likely that vibrations made the wiring to chafe.
The chafing caused eventually electrical arcing and subsequently an in-flight
fire that damaged partially the instrument panel cover.
For the reasons stated above, this new AD mandates inspection of all cable
looms in the front of the instrument panel cover, repair as necessary
and installation of a protective cover on the edge of the instrument panel
combing.
You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
GROB Aircraft AG has issued Service Bulletin No. MSB1121-108, dated March
18, 2009, and Service Bulletin No. MSB1121-108/1, dated April 27, 2009.
The actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of the AD
This product has been approved by the aviation authority of another country,
and is approved for operation in the United States. Pursuant to our bilateral
agreement with this State of Design Authority, they have notified us of
the unsafe condition described in the MCAI and service information referenced
above. We are issuing this AD because we evaluated all information provided
by the State of Design Authority and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general,
agree with their substance. But we might have found it necessary to use
different words from those in the MCAI to ensure the AD is clear for U.S.
operators and is enforceable. In making these changes, we do not intend
to differ substantively from the information provided in the MCAI and
related service information.
We might have also required different actions in this AD from those in
the MCAI in order to follow FAA policies. Any such differences are described
in a separate paragraph of the AD. These requirements take precedence
over those copied from the MCAI.
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 if left uncorrected,
the power distribution cable could chafe leading to electrical arcing
and an in-flight fire. 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 opportunity for public comment.
We invite you to send any written relevant data, views, or arguments about
this AD. Send your comments to an address listed under the ADDRESSES section.
Include "Docket No. FAA- 2009-0531; Directorate Identifier 2009-CE-030-AD''
at the beginning of your comments. We specifically invite comments on
the overall regulatory, economic, environmental, and energy aspects of
this AD. We will consider all comments received by the closing date and
may amend this AD because 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 about 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.
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
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