[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Rules and Regulations]
[Pages 76676-76679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24478]


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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?

    (c) This AD affects Model G103 TWIN ASTIR sailplanes, all serial 
numbers, that are certificated in any category.

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
------------------------------------------------------------------------
(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.
------------------------------------------------------------------------

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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