AD 2017-26-05

This AD is effective January 25, 2018.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 25, 2018.

For service information identified in this final rule, contact Gulfstream Aerospace Corporation, P.O. Box 2206, Savannah, Georgia 31404-2206; telephone: (800) 810-4853; fax: (912) 965-3520; email: pubs@gulfstream.com; internet: http://www.gulfstream.com/product-support/technical-publications/pubs/index.htm. You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0910.

Ron Wissing, Aerospace Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, Georgia 30337; phone: (404) 474-5552; fax: (404) 474-5606; email: ronald.wissing@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Gulfstream Aerospace Corporation (Gulfstream) Models G-1159A (GIII), G-IV, and GIV-X airplanes. The NPRM published in the Federal Register on September 22, 2017 (82 FR 44359). The NPRM was prompted by a report from Gulfstream that, during maintenance while replacing flap tracks on one of the affected airplanes, it was discovered that certain flap tracks were manufactured with the upper flange thickness less than design minimum and do not meet design load margins. The NPRM proposed to require replacing any defective flap track. We are issuing this AD to correct the unsafe condition on these products.

We gave the public the opportunity to participate in developing this final rule. The following presents the comment received on the NPRM and the FAA's response to the comment.

Gulfstream requested that the effective date be set in-line with the service information incorporated by referenced in the proposed AD.

Gulfstream stated that the compliance time specified in Gulfstream III Customer Bulletin Number 187, Gulfstream G450 Customer Bulletin Number 195, and Gulfstream IV Customer Bulletin Number 240, all dated June 28, 2017, which are the incorporated by reference documents listed in the proposed AD, is 12 months from the release date of the service information.

Gulfstream stated that if the AD becomes effective before January 18, 2018, the compliance time will be less than that allowed in the service information.

We do not agree that the possibility of this AD becoming effective before January 18, 2018, will result in a reduced compliance time than that allowed in the related service information. We infer that the commenter thinks a reduced compliance time would cause an undue burden on the owners/operators of the affected airplanes. This AD will not be effective until 35 days after publication in the Federal Register; therefore, we do not believe there will be any significant difference in the allowable compliance time for operators. We have not changed this AD based on this comment.

We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule as proposed except for minor editorial changes. We have determined that these minor changes:

• 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.

We reviewed Gulfstream III Customer Bulletin Number 187, Gulfstream G450 Customer Bulletin Number 195, and Gulfstream IV Customer Bulletin Number 240, all dated June 28, 2017. The applicable model service information describes procedures for replacing any discrepant flap track C with an airworthy part. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

We estimate that this AD affects 6 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.

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 rulemaking action.

This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to small airplanes and domestic business jet transport airplanes to the Director of the Policy and Innovation Division.

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),

(3) Will not affect intrastate aviation in Alaska, and

(4) 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):