FR Doc 05-24478

[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Rules and Regulations]
[Page 76676-76679]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de05-4]

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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.

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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?

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
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(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.
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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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