Airworthiness Directives; BURKHARDT GROB LUFT-UND RAUMFA HRT GmbH & CO KG Model G103 TWIN ASTIR Sailplanes, 76676-76679 [05-24478]

Download as PDF 76676 Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations LENDING AND INVESTMENT POWERS CHART Category Statutory authorization 1 * * * Rural business investment companies ........................................... * * 7 U.S.C. 2009cc–9 ............. * * * Endnotes 1. All references are to section 5 of the Home Owners’ Loan Act (12 U.S.C. 1464) unless otherwise indicated. * * * * 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. I PART 567—CAPITAL 12. The authority citation for part 567 continues to read as follows: I 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 Jkt 205001 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 * 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: * * * 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: http:// 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. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: E:\FR\FM\28DER1.SGM 28DER1 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 http:// 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 VerDate Aug<31>2005 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 PO 00000 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 ................................................................................. Frm 00007 Fmt 4700 Sfmt 4700 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. E:\FR\FM\28DER1.SGM 28DER1 76678 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. VerDate Aug<31>2005 16:43 Dec 27, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 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: http:// 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 http:// 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 VerDate Aug<31>2005 16:43 Dec 27, 2005 Jkt 205001 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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 http:// 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 28DER1

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 http://
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: http://
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 http://
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]
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