Discussion
On May 30, 2006, 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 certain GROB-WERKE GMBH & CO KG (previously identified as BURKHART-GROB FLUGZEUGBAU INDUSTRIESTRABE) Model G102 ASTIR CS sailplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on June 6, 2006 (71 FR 32484). The NPRM proposed to supersede AD 84-09- 05 with a new AD that would require you to do the following:
Remove the existing spherical locking bolt, nut, retaining pins (collar bolts), self-locking nut, and the lock washer; and replace with a new spherical locking bolt, P/N 102-3500.21, that has revision letter "b" permanently marked on the bottom of the bolt, a new nut, P/N 102-3510.21, new retaining pins (collar bolts), P/N 102-2142.46, a new self-locking nut, P/N LN9348-M8, and a new lock washer, P/N DIN 6797-10,5PHR;
Add a life limiton the new spherical locking bolt and the retaining pins; and
Inspect (repetitively) the front and rear horizontal stabilizer attachment assembly after the initial replacements.
Comments
We provided the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and FAA's response to each comment:
Comment Issue No. 1: Address the Intent of the AD as It Affects Parts Manufacturer Approval (PMA) Alternatives to the Original Equipment Manufacturer (OEM) Part
The Modification and Replacement Parts Association (MARPA) provides comments to the mandatory continuing airworthiness information (MCAI) AD process pertaining to how the FAA addresses PMA parts. The commenter would like to see the FAA more fully address the intent of the AD as it affects PMA alternatives to the unsafe OEM part.
We acknowledge the need to ensure that unsafe parts are identified and addressed in MCAI-related ADs. For this AD, weuse the phrase "or FAA-approved equivalent part number" to address the PMA issue. We are currently examining all aspects of this issue, including input from industry. Once we have made a final determination, we will consider how our policy regarding PMA parts in ADs needs to be revised. We consider that to delay this AD action would be inappropriate since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety.
We have not changed the final rule AD action based on this comment.
Conclusion
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.
Differences Between This AD and the Service Information
The service information specifies using a 20X magnifying glass for doing the inspections. This AD specifies using a dye penetrant method and a 10X magnifying glass for doing the inspections. This difference is because 20X magnifiers are not readily available in the field.
The requirements of this AD take precedence over the provisions in the service information.
Costs of Compliance
We estimate that this AD will affect 56 sailplanes in the U.S. registry.
We estimate the following costs to do the replacements:
Labor Cost
Parts Cost
Total Cost For Each Sailplane
Total Cost on U.S. Operators
2 work-hours X $80 per hour = $160.
$253.
$413.
$23,128.
We estimate the following costs to do each inspection:
Labor Cost
Parts Cost
Total Cost For Each Sailplane
Total Cost on U.S. Operators
2 work-hours X $80 per hour = $160.
Not Applicable.
$160.
$8,960.
Authorityfor This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.
We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, "General requirements." Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this AD.
Regulatory Findings
We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantialdirect effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a "significant regulatory action" under Executive Order 12866;
2. Is not a "significant rule" under 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-2006-24253; Directorate Identifier 2006-CE-23-AD" in your request.
List of Subjects in14 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:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 84- 09-05, Amendment 39-4849, and adding the following new AD: