Discussion
What events have caused this AD? The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for Germany, recently notified FAA that an unsafe condition may exist on certain GROB-WERKE Model G120A airplanes. The LBA reports that the up-lock/main landing gear roller combination may become jammed because of contamination (i.e., dirt or dust) or misalignment of the assembly.
What is the potential impact if FAA took no action? This condition, if not corrected, could cause the MLG to become jammed and to not extend, which could result in loss of control of the airplane during landing.
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 certain GROB-WERKE Model G120A airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on March 23, 2005 (70 FR 14599). The NPRM proposed the requirement for you to replace the main landing gear (MLG) up-lock hook assembly.
Comments
Was the public invited to comment? 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: Incorporate Additional Actions Into the AD
What is the commenter's concern? The Director of Aircraft Maintenance of the Airline Training Center Arizona, Inc. ATCA requests that the provisions of GROB-WERKE Service Bulletin MSB 1121-060, dated March 7, 2005, be included in the FAA AD. MSB 1121-060 incorporates a design change using cotter pins in place of snap rings in the landing gear assemblies. Snap ring failure could cause landing gear up-lock failure. MSB 1121-060 eliminates the daily inspections of the landing gear. The commenter represents the operator of all 6 U.S.-registered airplanes.
What is FAA's response to the concern? The FAA agrees that incorporation of MSB 1121-060 is a reasonable action because of the following reasons:
--Using snap rings in the landing gear assemblies requires more rework than using cotter pins in the landing gear assemblies;
--Uncorporating the design change of MSB 1121-060 eliminates daily inspections;
--Additional provisions in the AD would not increase the burden on U.S. operators because ATCA has already done the actions on their 6 airplanes, and they are the only operator of the G120A in the United States; and
--The additional actions will only affect those airplanes imported to the United States.
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 the changes discussed above and minor editorial corrections. We have determined that these changes and 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 because all U.S. registered airplanes already have the additional actions incorporated.
Comments Invited
Will I have the opportunity to comment before you issue the rule? Since all 6 airplanes that are currently on the U.S. register have the additional actions incorporated, it has no adverse economic impact and imposes no additional burden on any person. Therefore, prior notice and public procedures are unnecessary.
However, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include "Docket No. FAA-05-19473; Directorate Identifier 2004-CE-35-AD" in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self- addressed, stamped postcard with the docket number writtenon it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us through a nonwritten communication, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments.
Docket Information
Where can I go to view the docket information? You may view the AD docket that contains information relating to this subject in person at the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern standard time), Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is located on the plaza level of the Department of Transportation NASSIF Building at the street address stated in ADDRESSES. You may also view the ADdocket on the Internet at http://dms.dot.gov.
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 airplanes does this AD impact? We estimate that this AD affects 6 airplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the affected airplanes? GROB-WERKE will provide warranty credit for labor and parts.
Authority for This Rulemaking
What authority does FAA have for issuing this rulemaking action? Title 49 of the United StatesCode 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
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 onthe 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-05-19473; Directorate Identifier 2004-CE-35-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:
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 adding a new AD to read as follows: