Airworthiness Directives; BURKHARDT GROB LUFT-UND RAUMFA HRT GmbH & CO KG Model G103 TWIN ASTIR Sailplanes, 76676-76679 [05-24478]
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
LENDING AND INVESTMENT POWERS CHART
Category
Statutory authorization 1
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Rural business investment companies ...........................................
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7 U.S.C. 2009cc–9 .............
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Endnotes
1. All references are to section 5 of the
Home Owners’ Loan Act (12 U.S.C. 1464)
unless otherwise indicated.
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The final policy was issued by
the Transport Airplane Directorate on
December 14, 2005.
DATES:
PART 561—DEFINITIONS FOR
REGULATIONS AFFECTING ALL
SAVINGS ASSOCIATIONS
10. The authority citation for part 561
continues to read as follows:
Authority: 12 U.S.C. 1462, 1462a, 1463,
1464, 1467a.
11. Revise § 561.16 by removing
paragraph (b), removing the designation
for paragraph (a), and revising ‘‘which’’
to read ‘‘that’’ in both instances that it
appears.
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PART 567—CAPITAL
12. The authority citation for part 567
continues to read as follows:
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Authority: 12 U.S.C. 1462, 1462a, 1463,
1464, 1467a, 1828 (note).
13. Amend 567.6(b)(5)(v)(B) by
revising ‘‘1381o(g)’’ to read ‘‘1831o(g)’’.
I
Dated: December 21, 2005.
By the Office of Thrift Supervision.
Scott M. Polakoff,
Deputy Director.
[FR Doc. 05–24499 Filed 12–27–05; 8:45 am]
BILLING CODE 6720–01–P
DEPARTMENT OF TRANSPORTATION
14 CFR Part 25
[Policy Statement No. ANM–115–05–14]
Acceptable Methods of Compliance
with § 25.562(c)(5) for Front Row
Passenger Seats
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of final policy.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) announces the
availability of final policy on
Acceptable Methods of Compliance
with Title 14 Code of Federal
VerDate Aug<31>2005
16:43 Dec 27, 2005
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John
Shelden, Federal Aviation
Administration, Transport Airplane
Directorate, Transport Standards Staff,
Airframe/Cabin Safety Branch, ANM–
115, 1601 Lind Avenue, SW., Renton,
WA 98055–4056; telephone (425) 227–
2785; fax (425) 227–1232; e-mail:
John.shelden@faa.gov.
FOR FURTHER INFORMATION CONTACT:
I
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Five percent of total capital.
*
Regulations (CFR) § 25.562(c)(5) for
Front Row Passenger Seats.
*
Federal Aviation Administration
*
Statutory investment limitations (Endnotes
contain applicable regulatory limitations)
SUPPLEMENTARY INFORMATION:
*
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Issued in Renton, Washington, on
December 14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–24503 Filed 12–27–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22156; Directorate
Identifier 2005–CE–43–AD; Amendment 39–
14435; AD 2005–26–14]
Disposition of Comments
RIN 2120–AA64
A notice of proposed policy was
published in the Federal Register on
April 26, 2005 (70 FR 21343). The
comment period was reopened on June
9, 2005 (70 FR 33720). Eight (8)
commenters responded to the requests
for comments.
Airworthiness Directives;
BURKHARDT GROB LUFT–UND
RAUMFAHRT GmbH & CO KG Model
G103 TWIN ASTIR Sailplanes
Background
SUMMARY: The FAA adopts a new
airworthiness directive (AD) for all
BURKHARDT GROB LUFT–UND
RAUMFAHRT GmbH & CO KG
(Burkhardt Grob) Model G103 TWIN
ASTIR sailplanes. This AD requires you
to replace the elevator lever, part
number (P/N) 103–3521, with an
improved design part, P/N 103–3523.
This AD results from mandatory
continuing airworthiness information
(MCAI) issued by the airworthiness
authority for Germany. We are issuing
this AD to prevent cracks in the elevator
lever, which could cause the elevator
lever to fail. This failure could result in
loss of control of the sailplane.
DATES: This AD becomes effective on
February 6, 2006.
As of February 6, 2006, the Director
of the Federal Register approved the
incorporation by reference of certain
publications listed in the regulation.
ADDRESSES: To get the service
information identified in this AD,
contact BURKHARDT GROB LUFT–
UND RAUMFAHRT GmbH & CO KG,
Letenbachstrasse 9, D–86874
Tussenhausen-Mattsies, Germany;
The purpose of the policy
memorandum is to clarify FAA
certification policy of the acceptable
substantiation methods used to provide
protection under § 25.562(a) when
meeting the performance standards in
§ 25.562(c) for ‘‘front row’’ seats. Front
row seats are those seats which are
located directly aft of a partition,
monument, or other commodity,
including all passenger seats not
considered ‘‘row-to-row.’’ The policy is
not directed toward other seats. The
policy provides an acceptable means of
protection for front row occupants.
The final policy as well as the
disposition of public comments
received are available on the Internet at
the following address: https://
airweb.faa.gov.rgl. If you do not have
access to the Internet, you can obtain a
copy of the policy by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
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Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
telephone: 011 49 8268 998139;
facsimile: 011 49 8268 998200.
To view the AD docket, go to the
Docket Management Facility, U.S.
Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001 or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2005–22156; Directorate Identifier
2005–CE–43–AD.
FOR FURTHER INFORMATION CONTACT: Greg
Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4130; facsimile:
(816) 329–4090.
SUPPLEMENTARY INFORMATION:
Discussion
What events have caused this AD?
The Luftfahrt-Bundesamt (LBA), which
is the airworthiness authority for
Germany, recently notified the FAA that
an unsafe condition may exist on all
Burkhardt Grob Model G103 TWIN
ASTIR sailplanes. The LBA reports an
instance of elevator lever failure on one
of the affected sailplanes. Cracks in the
elevator lever caused the elevator lever
to fail.
The cracks are a result of inadequate
design in the structural strength and
durability.
The elevator lever, part number (P/N)
103–3521, is made from the same cast
alloy as the airbrake over-center levers,
P/Ns 103–4123 (left) and 103–4124
(right), used on Burkhardt Grob Model
G103 TWIN ASTIR sailplanes. Cracks
found on these parts caused us to issue
AD 97–24–10, Amendment 39–10217
(62 FR 62948, November 26, 1997),
which requires replacing P/Ns 103–4123
and 103–4124 with improved design
parts, P/N 103B–4123 and 103B–4124.
What is the potential impact if FAA
took no action? If not prevented, cracks
in the elevator lever could cause the
elevator lever to fail. This failure could
result in loss of control of the sailplane.
Has FAA taken any action to this
point? We issued a proposal to amend
part 39 of the Federal Aviation
Regulations (14 CFR part 39) to include
an AD that would apply all Burkhardt
Grob Model G103 TWIN ASTIR
sailplanes. This proposal was published
in the Federal Register as a notice of
proposed rulemaking (NPRM) on
September 14, 2005 (70 FR 54311). The
NPRM proposed to require you to
replace the aluminum cast alloy elevator
lever, P/N 103–3521, with a sheet
aluminum elevator lever, P/N 103–3523.
Comments
Was the public invited to comment?
We provided the public the opportunity
to participate in developing this AD.
The following presents the comment
received on the proposal and FAA’s
response to the comment:
Comment Issue No. 1: Address the Use
of Parts Manufacturer Approval (PMA)
Parts
What is the commenter’s concern?
The commenter states that the PMA part
may often share the identical design
data with the original part while
carrying a completely different part
number; therefore, it is possible the AD
will not address certain defective PMA
parts installed on the aircraft, allowing
the unsafe condition to continue.
The commenter also states that it is
possible that a ‘‘new and improved’’
PMA version of the defective original
part may already exist in the
marketplace. Therefore, specifying one
approved part in preference to a
different, but also approved part, will
impart a commercial advantage to one
manufacturer over the other.
The commenter requests that the final
rule AD action be changed to address
the replacement of identical, defective
PMA parts and allow replacement with
an identical, improved PMA part.
Labor cost
rwilkins on PROD1PC63 with RULES
Authority for This Rulemaking
What authority does FAA have for
issuing this rulemaking action? 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
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16:43 Dec 27, 2005
Jkt 205001
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
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What is FAA’s response to the
concern? We agree with the commenter.
We will change the final rule AD
action to include the phrase to cover the
PMA replacement parts and add
information to clarify the phrase ‘‘or
FAA-approved equivalent part
number.’’
Conclusion
What is FAA’s final determination on
this issue? We have carefully reviewed
the available data and determined that
air safety and the public interest require
adopting the AD as proposed except for
minor editorial corrections. We have
determined that these minor
corrections:
—Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
—Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Changes to 14 CFR Part 39—Effect on
the AD
How does the revision to 14 CFR part
39 affect this AD? On July 10, 2002, the
FAA published a new version of 14 CFR
part 39 (67 FR 47997, July 22, 2002),
which governs the FAA’s AD system.
This regulation now includes material
that relates to altered products, special
flight permits, and alternative methods
of compliance. This material previously
was included in each individual AD.
Since this material is included in 14
CFR part 39, we will not include it in
future AD actions.
Costs of Compliance
How many sailplanes does this AD
impact? We estimate that this AD affects
60 sailplanes in the U.S. registry.
What is the cost impact of this AD on
owners/operators of the affected
sailplanes? We estimate the following
costs to do the replacement:
Parts cost
20 work hours × $65 per hour = $1,300 .................................................................................
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76677
Total cost
per
sailplane
$715
$2,015
Total cost on U.S. operators
60 × $2,015 =
$120,900.
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 AD.
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
Regulatory Findings
Will this AD impact various entities?
We have 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.
Will this AD involve a significant rule
or regulatory action? 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); 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 summary of the costs
to comply with this AD (and other
information as included in the
Regulatory Evaluation) and placed it in
the AD Docket. You may get a copy of
this summary by sending a request to us
at the address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2005–22156;
Directorate Identifier 2005–CE–43–AD’’
in your request.
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 Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. FAA amends § 39.13 by adding a
new AD to read as follows:
I
2005–26–14 BURKHARDT GROB LUFT–
UND RAUMFAHRT GmbH & CO KG:
Amendment 39–14435; Docket No.
FAA–2005–22156; Directorate Identifier
2005–CE–43–AD.
When Does This AD Become Effective?
(a) This AD becomes effective on February
6, 2006.
What Other ADs Are Affected By This
Action?
(b) None.
What Sailplanes Are Affected by This AD?
(c) This AD affects Model G103 TWIN
ASTIR sailplanes, all serial numbers, that are
certificated in any category.
What Is the Unsafe Condition Presented in
This AD?
(d) This AD is the result of mandatory
continuing airworthiness information (MCAI)
issued by the airworthiness authority for
Germany. The actions specified in this AD
are intended to prevent cracks in the elevator
lever, which could cause the elevator lever to
fail. This failure could result in loss of
control of the sailplane.
What Must I Do To Address This Problem?
(e) To address this problem, you must do
the following:
Compliance
Procedures
(1) Check the sailplane service history records to determine if part number (P/N) 103–3521 (or FAA-approved equivalent P/N), aluminum cast alloy elevator
lever, has been replaced with P/N 103–3523 (or FAAapproved equivalent P/N), sheet aluminum elevator
lever.
Within the next 25 hours time-in-service
(TIS) after February 6, 2006 (the effective date of this AD).
The owner/operator holding at least a private pilot certificate as authorized by
section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7) may check
the sailplane service of history records
as specified in paragraph (e)(1) of this
AD. Make an entry into the aircraft
records showing compliance with this
portion of the AD following section 43.9
of the Federal Aviation Regulations (14
CFR 43.9).
(2) If you can positively determine by checking the sailplane service history records that the replacement
specified in paragraph (e)(1) of this AD has been
done, no further action is required.
Not applicable ............................................
Not applicable.
(3) If you cannot positively determine by checking the
sailplane service history records that the replacement
specified in paragraph (e)(1) of this AD has been
done, replace P/N 103–3521 (or FAA-approved equivalent P/N) with P/N 103–3523 (or FAA-approved
equivalent P/N).
rwilkins on PROD1PC63 with RULES
Actions
Within the next 25 hours TIS after February 6, 2006 (the effective date of this
AD).
Following GROB Luft-und Raumfahrt
Service Bulletin MSB 315–67/1 dated
December 20, 2004.
(4) 14 CFR 21.303 allows for replacement parts through
parts manufacturer approval (PMA). The phrase ‘‘or
FAA-approved equivalent part number’’ in this AD is
intended to signify those parts that are PMA approved
through identicality to the design of the part under the
type certificate and replacement parts to correct the
unsafe condition under PMA (other than identicality).
If parts are installed that are identical to the unsafe
parts, then the corrective actions of the AD affect
these parts also. In addition, equivalent replacement
parts to correct the unsafe condition under PMA
(other than identicality) may also be installed provided
they meet current airworthiness standards, which include those actions cited in this AD.
Not applicable ............................................
Not applicable.
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
Actions
Compliance
(5) Do not install any P/N 103–3521 (or FAA-approved
P/N equivalent to 103–3521), aluminum cast alloy elevator lever.
As of February 6, 2006 (the effective date
of this AD).
May I Request an Alternative Method of
Compliance?
DEPARTMENT OF TRANSPORTATION
(f) The Manager, Standards Office, Small
Airplane Directorate, FAA, has the authority
to approve alternative methods of
compliance (AMOCs) for this AD, if
requested using the procedures found in 14
CFR 39.19. For information on any already
approved alternative methods of compliance,
contact Greg Davison, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4130; facsimile: (816)
329–4090.
Federal Aviation Administration
Is There Other Information That Relates to
This Subject?
(g) German AD Number D–2004–292R1,
dated February 28, 2005, also addresses the
subject of this AD.
Does This AD Incorporate Any Material by
Reference?
rwilkins on PROD1PC63 with RULES
(h) You must do the actions required by
this AD following the instructions in GROB
Luft-und Raumfahrt Service Bulletin MSB
315–67/1 dated December 20, 2004. The
Director of the Federal Register approved the
incorporation by reference of this service
bulletin in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. To get a copy of this
service information, contact BURKHARDT
GROB LUFT–UND RAUMFAHRT GmbH &
CO KG, Letenbachstrasse 9, D–86874
Tussenhausen-Mattsies, Germany; telephone:
011 49 8268 998139; facsimile: 011 49 8268
998200. To review copies of this service
information, go to the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html or call (202) 741–6030. To
view the AD docket, go to the Docket
Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW.,
Nassif Building, Room PL–401, Washington,
DC 20590–001, or on the Internet at https://
dms.dot.gov. The docket number is FAA–
2005–22156; Directorate Identifier 2005–CE–
43–AD.
Issued in Kansas City, Missouri, on
December 16, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–24478 Filed 12–27–05; 8:45 am]
BILLING CODE 4910–13–P
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14 CFR Part 39
[Docket No. FAA–2005–20803; Directorate
Identifier 2005–CE–19–AD; Amendment 39–
14433; AD 2005–26–12]
RIN 2120–AA64
Airworthiness Directives;
BURKHARDT GROB LUFT–UND
RAUMFAHRT GmbH & CO KG Models
G103 TWIN ASTIR, G103 TWIN II,
G103A TWIN II ACRO, G103C TWIN III
ACRO, and G 103 C Twin III SL
Sailplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA adopts a new
airworthiness directive (AD) to
supersede AD 2004–08–13, which
applies to certain BURKHARDT GROB
LUFT–UND RAUMFAHRT GmbH & CO
KG (Burkhardt Grob) Models G103
TWIN ASTIR, G103 TWIN II, G103
TWIN III ACRO, and G103 C Twin III SL
sailplanes. AD 2004–08–13 currently
requires you to replace the center of
gravity (CG) release hook attachment
brackets with brackets of improved
design. This AD results from mandatory
continuing airworthiness information
(MCAI) issued by the airworthiness
authority for Germany. This AD retains
all the actions required in AD 2004–08–
13 and adds Model G103A TWIN II
ACRO sailplanes to the applicability.
We are issuing this AD to prevent
abnormal or uncontrolled sailplane
release due to cracked CG release hook
attachment brackets. This condition
could result in reduced or loss of
sailplane control.
DATES: This AD becomes effective on
February 6, 2006.
On June 4, 2004 (69 FR 21402, April
21, 2004), the Director of the Federal
Register approved the incorporation by
reference of Grob Service Bulletin No.
MSB315–62, dated January 21, 2002,
and Grob Service Bulletin No. MSB869–
22, dated January 22, 2002.
As of February 6, 2006, the Director
of the Federal Register approved the
incorporation by reference of Grob
Service Bulletin No. MSB315–62/2,
dated March 9, 2005.
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76679
Procedures
Not applicable.
To get the service
information identified in this AD,
contact BURKHARDT GROB LUFT–
UND RAUMFAHRT GmbH & CO KG,
Letenbachstrasse 9, D–86874
Tussenhausen-Mattsies, Germany;
telephone: 011 49 8268 998139;
facsimile: 011 49 8268 998200.
To view the AD docket, go to the
Docket Management Facility, U.S.
Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001 or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2005–20803; Directorate Identifier
2005–CE–19–AD.
FOR FURTHER INFORMATION CONTACT: Greg
Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4130; facsimile:
(816) 329–4090.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Discussion
What is the background of the subject
matter? Reports of cracks found in the
center of gravity (CG) release hook
attachment brackets caused us to issue
AD 2004–08–13, Amendment 39–13582
(69 FR 21402, April 21, 2004). AD 2004–
08–13 applies to Burkhardt Grob Models
G103 TWIN ASTIR, G103 TWIN II, G103
TWIN III ACRO, and G103 C Twin III SL
sailplanes. That AD currently requires
you to replace the CG release hook
attachment brackets with brackets of
improved design.
What has happened since AD 2004–
08–13 to initiate this AD? The LuftfahrtBundesamt (LBA), which is the
airworthiness authority for Germany,
notified FAA of the need to change AD
2004–08–13. The LBA reports that the
actions required in AD 2004–08–13
should also apply to Model G103A
TWIN II ACRO sailplanes.
What is the potential impact if FAA
took no action? If not prevented, a
cracked CG release hook attachment
bracket could lead to abnormal or
uncontrolled sailplane release. This
condition could result in reduced or
loss of sailplane control.
Has FAA taken any action to this
point? We issued a proposal to amend
part 39 of the Federal Aviation
Regulations (14 CFR part 39) to include
an AD that would apply to all Burkhardt
E:\FR\FM\28DER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Rules and Regulations]
[Pages 76676-76679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24478]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22156; Directorate Identifier 2005-CE-43-AD;
Amendment 39-14435; AD 2005-26-14]
RIN 2120-AA64
Airworthiness Directives; BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH
& CO KG Model G103 TWIN ASTIR Sailplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA adopts a new airworthiness directive (AD) for all
BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG (Burkhardt Grob) Model
G103 TWIN ASTIR sailplanes. This AD requires you to replace the
elevator lever, part number (P/N) 103-3521, with an improved design
part, P/N 103-3523. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the airworthiness authority
for Germany. We are issuing this AD to prevent cracks in the elevator
lever, which could cause the elevator lever to fail. This failure could
result in loss of control of the sailplane.
DATES: This AD becomes effective on February 6, 2006.
As of February 6, 2006, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
ADDRESSES: To get the service information identified in this AD,
contact BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG,
Letenbachstrasse 9, D-86874 Tussenhausen-Mattsies, Germany;
[[Page 76677]]
telephone: 011 49 8268 998139; facsimile: 011 49 8268 998200.
To view the AD docket, go to the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-001 or on the Internet at https://
dms.dot.gov. The docket number is FAA-2005-22156; Directorate
Identifier 2005-CE-43-AD.
FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4130; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
What events have caused this AD? The Luftfahrt-Bundesamt (LBA),
which is the airworthiness authority for Germany, recently notified the
FAA that an unsafe condition may exist on all Burkhardt Grob Model G103
TWIN ASTIR sailplanes. The LBA reports an instance of elevator lever
failure on one of the affected sailplanes. Cracks in the elevator lever
caused the elevator lever to fail.
The cracks are a result of inadequate design in the structural
strength and durability.
The elevator lever, part number (P/N) 103-3521, is made from the
same cast alloy as the airbrake over-center levers, P/Ns 103-4123
(left) and 103-4124 (right), used on Burkhardt Grob Model G103 TWIN
ASTIR sailplanes. Cracks found on these parts caused us to issue AD 97-
24-10, Amendment 39-10217 (62 FR 62948, November 26, 1997), which
requires replacing P/Ns 103-4123 and 103-4124 with improved design
parts, P/N 103B-4123 and 103B-4124.
What is the potential impact if FAA took no action? If not
prevented, cracks in the elevator lever could cause the elevator lever
to fail. This failure could result in loss of control of the sailplane.
Has FAA taken any action to this point? We issued a proposal to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to
include an AD that would apply all Burkhardt Grob Model G103 TWIN ASTIR
sailplanes. This proposal was published in the Federal Register as a
notice of proposed rulemaking (NPRM) on September 14, 2005 (70 FR
54311). The NPRM proposed to require you to replace the aluminum cast
alloy elevator lever, P/N 103-3521, with a sheet aluminum elevator
lever, P/N 103-3523.
Comments
Was the public invited to comment? We provided the public the
opportunity to participate in developing this AD. The following
presents the comment received on the proposal and FAA's response to the
comment:
Comment Issue No. 1: Address the Use of Parts Manufacturer Approval
(PMA) Parts
What is the commenter's concern? The commenter states that the PMA
part may often share the identical design data with the original part
while carrying a completely different part number; therefore, it is
possible the AD will not address certain defective PMA parts installed
on the aircraft, allowing the unsafe condition to continue.
The commenter also states that it is possible that a ``new and
improved'' PMA version of the defective original part may already exist
in the marketplace. Therefore, specifying one approved part in
preference to a different, but also approved part, will impart a
commercial advantage to one manufacturer over the other.
The commenter requests that the final rule AD action be changed to
address the replacement of identical, defective PMA parts and allow
replacement with an identical, improved PMA part.
What is FAA's response to the concern? We agree with the commenter.
We will change the final rule AD action to include the phrase to
cover the PMA replacement parts and add information to clarify the
phrase ``or FAA-approved equivalent part number.''
Conclusion
What is FAA's final determination on this issue? We have carefully
reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed except for minor
editorial corrections. We have determined that these minor corrections:
--Are consistent with the intent that was proposed in the NPRM for
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already
proposed in the NPRM.
Changes to 14 CFR Part 39--Effect on the AD
How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997,
July 22, 2002), which governs the FAA's AD system. This regulation now
includes material that relates to altered products, special flight
permits, and alternative methods of compliance. This material
previously was included in each individual AD. Since this material is
included in 14 CFR part 39, we will not include it in future AD
actions.
Costs of Compliance
How many sailplanes does this AD impact? We estimate that this AD
affects 60 sailplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the
affected sailplanes? We estimate the following costs to do the
replacement:
------------------------------------------------------------------------
Total cost
Labor cost Parts cost per Total cost on
sailplane U.S. operators
------------------------------------------------------------------------
20 work hours x $65 per hour $715 $2,015 60 x $2,015 =
= $1,300. $120,900.
------------------------------------------------------------------------
Authority for This Rulemaking
What authority does FAA have for issuing this rulemaking action?
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 AD.
[[Page 76678]]
Regulatory Findings
Will this AD impact various entities? We have 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.
Will this AD involve a significant rule or regulatory action? 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); 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 summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2005-22156; Directorate Identifier 2005-CE-43-AD'' in your
request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2005-26-14 BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG: Amendment
39-14435; Docket No. FAA-2005-22156; Directorate Identifier 2005-CE-
43-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on February 6, 2006.
What Other ADs Are Affected By This Action?
(b) None.
What Sailplanes Are Affected by This AD?
(c) This AD affects Model G103 TWIN ASTIR sailplanes, all serial
numbers, that are certificated in any category.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for
Germany. The actions specified in this AD are intended to prevent
cracks in the elevator lever, which could cause the elevator lever
to fail. This failure could result in loss of control of the
sailplane.
What Must I Do To Address This Problem?
(e) To address this problem, you must do the following:
------------------------------------------------------------------------
Actions Compliance Procedures
------------------------------------------------------------------------
(1) Check the sailplane service Within the next 25 The owner/operator
history records to determine if hours time-in- holding at least
part number (P/N) 103-3521 (or service (TIS) a private pilot
FAA-approved equivalent P/N), after February 6, certificate as
aluminum cast alloy elevator 2006 (the authorized by
lever, has been replaced with P/ effective date of section 43.7 of
N 103-3523 (or FAA-approved this AD). the Federal
equivalent P/N), sheet aluminum Aviation
elevator lever. Regulations (14
CFR 43.7) may
check the
sailplane service
of history
records as
specified in
paragraph (e)(1)
of this AD. Make
an entry into the
aircraft records
showing
compliance with
this portion of
the AD following
section 43.9 of
the Federal
Aviation
Regulations (14
CFR 43.9).
---------------------------------
(2) If you can positively Not applicable.... Not applicable.
determine by checking the
sailplane service history
records that the replacement
specified in paragraph (e)(1)
of this AD has been done, no
further action is required.
---------------------------------
(3) If you cannot positively Within the next 25 Following GROB
determine by checking the hours TIS after Luft-und
sailplane service history February 6, 2006 Raumfahrt Service
records that the replacement (the effective Bulletin MSB 315-
specified in paragraph (e)(1) date of this AD). 67/1 dated
of this AD has been done, December 20,
replace P/N 103-3521 (or FAA- 2004.
approved equivalent P/N) with P/
N 103-3523 (or FAA-approved
equivalent P/N).
---------------------------------
(4) 14 CFR 21.303 allows for Not applicable.... Not applicable.
replacement parts through parts
manufacturer approval (PMA).
The phrase ``or FAA-approved
equivalent part number'' in
this AD is intended to signify
those parts that are PMA
approved through identicality
to the design of the part under
the type certificate and
replacement parts to correct
the unsafe condition under PMA
(other than identicality). If
parts are installed that are
identical to the unsafe parts,
then the corrective actions of
the AD affect these parts also.
In addition, equivalent
replacement parts to correct
the unsafe condition under PMA
(other than identicality) may
also be installed provided they
meet current airworthiness
standards, which include those
actions cited in this AD.
---------------------------------
[[Page 76679]]
(5) Do not install any P/N 103- As of February 6, Not applicable.
3521 (or FAA-approved P/N 2006 (the
equivalent to 103-3521), effective date of
aluminum cast alloy elevator this AD).
lever.
------------------------------------------------------------------------
May I Request an Alternative Method of Compliance?
(f) The Manager, Standards Office, Small Airplane Directorate,
FAA, has the authority to approve alternative methods of compliance
(AMOCs) for this AD, if requested using the procedures found in 14
CFR 39.19. For information on any already approved alternative
methods of compliance, contact Greg Davison, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4130; facsimile: (816) 329-
4090.
Is There Other Information That Relates to This Subject?
(g) German AD Number D-2004-292R1, dated February 28, 2005, also
addresses the subject of this AD.
Does This AD Incorporate Any Material by Reference?
(h) You must do the actions required by this AD following the
instructions in GROB Luft-und Raumfahrt Service Bulletin MSB 315-67/
1 dated December 20, 2004. The Director of the Federal Register
approved the incorporation by reference of this service bulletin in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of
this service information, contact BURKHARDT GROB LUFT-UND RAUMFAHRT
GmbH & CO KG, Letenbachstrasse 9, D-86874 Tussenhausen-Mattsies,
Germany; telephone: 011 49 8268 998139; facsimile: 011 49 8268
998200. To review copies of this service information, go to the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html or call (202) 741-6030. To view the AD docket,
go to the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401, Washington, DC 20590-001, or on the Internet at https://
dms.dot.gov. The docket number is FAA-2005-22156; Directorate
Identifier 2005-CE-43-AD.
Issued in Kansas City, Missouri, on December 16, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-24478 Filed 12-27-05; 8:45 am]
BILLING CODE 4910-13-P
