Discussion
What events have caused this proposed AD? The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, recently notified FAA that an unsafe condition may exist on all CENTRAIR 101 series gliders. The DGAC reports occurrences of improperly heat-treated aileron and elevator hinge pins installed on the CENTRAIR 101 series gliders. Incorrectly heat-treated elevator or aileron hinge pins could result in longitudinal cracks that cause failure of the elevator or ailerons. CENTRAIR has made available new hinge pins (part number (P/N) SY991A) to replace any incorrectly heat-treated elevator or aileron hinge pins or hinge pins with longitudinal cracks.
What is the potential impact if FAA took no action? Failure of the elevator or ailerons during takeoff, landing, or flight operations could lead to loss of glider control.
Has FAA taken any action to this point? We issued a proposal to amend part 39 ofthe Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all CENTRAIR 101 series gliders with other than elevator or aileron part number (P/N) SY991A hinge pins installed. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on December 13, 2004 (69 FR 72136). The NPRM proposed to require you to replace any installed elevator or aileron hinge pins that are not P/N SY991A hinge pins with P/N SY991A pins.
Comments
Was the public invited to comment? We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public.
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 gliders does this AD impact? We estimate that this AD affects 57 gliders in the U.S. registry.
What is the cost impact of this AD on owners/operators of the affected gliders? We estimate the following costs to do the elevator and aileron hinge pin replacement. We have no way of determining the number of gliders that may need this hinge pin replacement. However, we have presented the costs to reflect all 57 gliders needing the mandatory replacement:
Labor cost
Parts cost
Total cost per glider
Total cost on U.S. operators
4 workhours $65 per hour = $260
$1
$261
$261 57 = $14,877
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.
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-2004-19616; Directorate Identifier 2004-CE-38-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.
39.13 [Amended]
2. FAA amends 39.13 by adding a new AD to read as follows: