Examining the Docket
You may examine the airworthiness directive (AD) docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to all Gulfstream Aerospace LP Model Galaxy and Model Gulfstream 200 airplanes. That NPRM was published in the Federal Register on January 4, 2006 (71 FR 295). That NPRM proposed to require revising the Limitations section of the airplane flight manual (AFM) by incorporating revised takeoff performance tables.
Comments
We provided the public the opportunity to participate in the development of this AD.We have considered the single comment received.
Request To Withdraw NPRM
Gulfstream asks that, instead of issuing the NPRM, the FAA consider the release of a new AFM as the official mandatory method to incorporate the revised takeoff performance tables, after the revision is approved by the Civil Aviation Administration of Israel (CAAI), which is the airworthiness authority for Israel. Gulfstream states that mandatory incorporation of Israel Aircraft Industries Gulfstream 200 Temporary Revision (TR) 7, dated August 18, 2003, may result in operator indecision when incorporating the TR. Gulfstream notes the reason for this is that TR 7 includes two manual changes, in addition to the revised takeoff performance tables: MOD 10023 aircraft effectivity change, and a revision to the caution message definition of the thrust reverser meaning and action sections. Those temporary changes were superseded with permanent revisions to the AFM; therefore, full incorporation of TR 7 could confuse operators by mandating incorporation of superseded information. Gulfstream adds that TR 7 has been distributed to all Galaxy/Gulfstream 200 operators, and has been incorporated into the AFMs for new production airplanes; therefore, issuing the NPRM would only serve to mandate that operators verify that the correct flight limitation tables are in place.
We do not agree to withdraw the NPRM since we have determined that an unsafe condition exists, and the actions required by this AD are necessary to ensure the continued safety of the affected fleet. In addition, without the issuance of an AD a new AFM cannot be made mandatory.
For the reasons provided by Gulfstream, we do agree to change the requirements in paragraph (f) of this AD to incorporate only Section V, "Performance," as identified in Gulfstream TR 7. Section V contains the revised takeoff performance tables. We cannot delay the AD to wait for issuance of the new AFM; however, when the new AFM is issued and approved by us, operators may follow their standard procedures for incorporating AFM revisions. Additionally, paragraph (f) of this AD indicates that when information identical to that in Section V of TR 7 is included in general revisions to the AFM, the general revisions may be inserted into the AFM. No further change to the AD is necessary in the regard.
Clarification of Unsafe Condition
We have revised the statement of the unsafe condition in this AD to clarify the effect of using inadequate takeoff performance tables.
Conclusion
We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the change described previously. This change will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 82 airplanes of U.S. registry. The AFM revision takes about 1 work hour per airplane, at an averagelabor rate of $65 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $5,330, or $65 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, "General requirements."
Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemakingaction.
Regulatory Findings
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.
For the reasons discussed above, I certify that this AD:
(1) Is not a "significant regulatory action" under Executive Order 12866;
(2) Is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):