Etud_lAvia
To your knowledge, did anyone conduct such an analysis, and present risk estimates to the FAA? If so, is any part of that publicly accessible?
Risk analysis only make sense when you have data to go by and a risk vs cost basis only is done when you are updating a current rule. This of course assumes that the current rules provided adequate protection when implemented years ago but new lessons have now been learned.
If there is something novel in the implementation of a current rule leaving questions about adequacy then it's time for a special condition ruling.
It's between the applicant and the regulator to decide on the adequacy of the product to meet what's on the books (how it's met is necessarily, competitively private).
I'm not sure at this time that the current rule is not adequate, nor if something new has been learned. I still await the investigators findings before I accept a "I told you so" claim.