AD 2005-13-09

[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Rules and Regulations]
[Pages 35993-35996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12152]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-05-19473; Directorate Identifier 2004-CE-35-AD; 
Amendment 39-14146; AD 2005-13-09]
RIN 2120-AA64


Airworthiness Directives; GROB-WERKE Model G120A Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
GROB-WERKE Model G120A airplanes. This AD requires you to replace the 
main landing gear (MLG) up-lock hook assembly. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. We are issuing this AD to prevent 
the MLG from becoming jammed and not extending, which could result in 
loss of control of the airplane during landing. During the comment 
period for the notice of proposed rulemaking (NPRM) regarding this 
action, we received a comment recommending the incorporation of service 
information to install connecting bolts secured with cotter pins 
instead of connecting bolts secured with snap rings. All U.S.-
registered airplanes currently have these actions incorporated so these 
actions do not impose an additional burden over that proposed in the 
NPRM and prior public comment is not necessary. However, we are 
reopening the comment period to allow the public the chance to comment 
on these additional actions.

DATES: This AD becomes effective on July 26, 2005.
    As of July 26, 2005, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

[[Page 35994]]

    We must receive any comments on this AD by September 20, 2005.

ADDRESSES: Use one of the following to submit comments on this AD:
    DOT Docket Web site: Go to http://dms.dot.gov and follow the 
instructions for sending your comments electronically.
    Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    Fax: 1-202-493-2251.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact GROB-WERKE, Burkart Grob e.K., Unternehmenbereich Luft-und 
Raumfahrt, Lettenbachstrasse 9, 86874 Tussenhausen-Mattsies, Germany; 
telephone: 011 49 8268 998 105; facsimile: 011 49 8268 998 200.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-05-19473; Directorate Identifier 2004-CE-35-AD.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: 816-329-4146; 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 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 written on 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 AD docket 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

[[Page 35995]]

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 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-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

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:

2005-13-09 GROB-WERKE: Amendment 39-14146; Docket No. FAA-05-19473; 
Directorate Identifier 2004-CE-35-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on July 26, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category: Model G120A, all 
serial numbers beginning with 85001.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of a report that the main landing gear 
(MLG) may not extend because of contamination or misalignment of the 
assembly. The actions specified in this AD are intended to prevent 
the MLG from becoming jammed and not extending, which could result 
in loss of control of the airplane during landing.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Remove MLG lock-up hook   Within 100 hours      Follow GROB-WERKE
 assembly and replace with     time-in-service       Service Bulletin
 the new MLG lock-up hook      after July 26, 2005   No. MSB1121-060,
 assembly.                     (the effective date   dated March 7,
                               of this AD), unless   2005.
                               already done.
(2) Inspect the MLG for       Prior to further      Follow GROB-WERKE
 proper operation and adjust   flight after the      Service Bulletin
 as needed.                    installation of the   No. MSB1121-060,
                               new MLG lock-up       dated March 7,
                               hook assembly.        2005.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, FAA. 
For information on any already approved alternative methods of 
compliance, contact Karl Schletzbaum, Aerospace Engineer, ACE-112, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: 816-329-4146; facsimile: 816-329-4090.

Is There Other Information That Relates to This Subject?

    (g) Luftfahrt-Bundesamt Airworthiness Directive D-2004-299R2, 
dated March 15, 2005; and GROB-WERKE Service Bulletin No. MSB1121-
060, dated March 7, 2005, also address 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-WERKE Service Bulletin No. MSB1121-060, dated 
March 7, 2005. 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 GROB-WERKE, Burkart Grob e.K., 
Unternehmenbereich Luft-und Raumfahrt, Lettenbachstrasse 9, 86874 
Tussenhausen-Mattsies, Germany; telephone: 011 49 8268 998 105; 
facsimile: 011 49 8268 998 200. 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-05-

[[Page 35996]]

19473; Directorate Identifier 2004-CE-35-AD.

    Issued in Kansas City, Missouri, on June 14, 2005.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12152 Filed 6-21-05; 8:45 am]
BILLING CODE 4910-13-P