[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Proposed Rules]
[Page 45744-45746]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au06-10]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25171; Directorate Identifier 2006-CE-35-AD]
RIN 2120-AA64
Airworthiness Directives; Schempp-Hirth GmbH & Co. KG Models;
Mini-Nimbus B and Mini-Nimbus HS-7 Sailplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) issued by an airworthiness
authority of another country to identify and correct an unsafe
condition on an aviation product. The proposed AD would require actions
that are intended to address an unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by September 11,
2006.
ADDRESSES: Use one of the following addresses to comment on this
proposed 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.
Fax: (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.
For service information identified in the proposed AD, contact
Schempp-Hirth, Flugzeugbau GmbH, Postfach 14 43, D-73222 Kirchheim/
Teck, Germany; telephone: ++ 49 7021 7298-0; fax: ++ 49 7021 7298-199;
Web site: http://www.schempp-hirth.com, e-mail: info@schempp-hirth.com.
FOR FURTHER INFORMATION CONTACT: Gregory 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:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. We are prototyping this process and
specifically request your comments on its use. You can find more
information in FAA draft
[[Page 45745]]
Order 8040.2, ``Airworthiness Directive Process for Mandatory
Continuing Airworthiness Information'' which is currently open for
comments at http://www.faa.gov/aircraft/draft_docs. This streamlined
process will allow us to adopt MCAI safety requirements in a more
efficient manner and will reduce safety risks to the public.
This process continues to follow all existing AD issuance processes
to meet legal, economic, Administrative Procedure Act, and Federal
Register requirements. We also continue to follow our technical
decision-making processes in all aspects to meet our responsibilities
to determine and correct unsafe conditions on U.S.-certificated
products.
This proposed AD references the MCAI and related service
information that we considered in forming the engineering basis to
correct the unsafe condition. The proposed AD contains text copied from
the MCAI and for this reason might not follow our plain language
principles.
The comment period for this proposed AD is open for 30 days to
allow time for comment on both the process and the AD content. In the
future, ADs using this process will have a 15-day comment period. The
comment period is reduced because the airworthiness authority and
manufacturer have already published the documents on which we based our
decision, making a longer comment period unnecessary.
Comments Invited
We invite you to send any written data, views, or arguments
regarding this proposed AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number, ``FAA-2006-
25171; Directorate Identifier 2006-CE-35-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We are
also inviting comments, views, or arguments on the new MCAI process. We
will consider all comments received by the closing date and may amend
the proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.
Discussion
The Luftfahrt-Bundesamt, which is the airworthiness authority for
Germany, has issued AD D-2005-239, Effective Date: July 22, 2005
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states that the aircraft
manufacturer has identified, during the daily check after assembling a
Mini Nimbus C, a failure in the flap actuating circuit. An
investigation showed that the lever at the torsional drive in the
fuselage failed at the weld. If not corrected, this condition could
lead to a failure in the flap actuating circuit, which could result in
reduced controllability of the sailplane. The MCAI requires reinforcing
the flap drive. You may obtain further information by examining the
MCAI in the docket.
Relevant Service Information
Schempp-Hirth Flugzeugbau GmbH. has issued Technical Note No. 286-
35/No. 328-13, EASA approved on: July 1, 2005. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of the Proposed AD
This product is manufactured outside the United States and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral agreement. Pursuant to this bilateral
airworthiness agreement, the State of Design's airworthiness authority
has notified us of the unsafe condition described in the MCAI and
service information referenced above. We have examined the
airworthiness authority's findings, evaluated all pertinent
information, and determined an unsafe condition exists and is likely to
exist or develop on all products of this type design. We are issuing
this proposed AD to correct the unsafe condition.
Differences Between the Proposed AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable in a U.S. court of
law. In making these changes, we do not intend to differ substantively
from the information provided in the MCAI and related service
information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the proposed AD. These proposed
requirements, if ultimately adopted, will take precedence over the
actions copied from the MCAI.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 13 products of U.S. registry. We also estimate that
it would take about 6 work-hours per product to do the action and that
the average labor rate is $80 per work-hour. Required parts would cost
about $13 per product. Where the service information lists required
parts costs that are covered under warranty, we have assumed that there
will be no charge for these costs. As we do not control warranty
coverage for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of the
proposed AD on U.S. operators to be $6,409, or $493 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies 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 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.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
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
[[Page 45746]]
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 regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://dms.dot.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone (800) 647-5227)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Schempp-Hirth GmbH & Co. KG Models: FAA-2006-25171; Directorate
Identifier 2006-CE-35-AD.
Comments Due Date
(a) We must receive comments on this proposed airworthiness
directive (AD) by September 11, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models Mini-Nimbus B and Mini-Nimbus HS-7
sailplanes, all serial numbers, that are certificated in any U.S.
category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states that the aircraft manufacturer has identified, during the
daily check after assembling a Mini Nimbus C, a failure in the flap
actuating circuit. An investigation showed that the lever at the
torsional drive in the fuselage failed at the weld. If not
corrected, this condition could lead to a failure in the flap
actuating circuit, which could result in reduced controllability of
the sailplane. The MCAI requires reinforcing the flap drive.
Actions and Compliance
(e) Unless already done, do the following except as stated in
paragraph (f) below.
(1) Within the next 90 days after the effective date of this AD,
reinforce the flap drive.
(2) Do the reinforcement following Schempp-Hirth Flugzeugbau
GmbH. Technical Note No. 286-35/No. 328-13, EASA approved on: July
1, 2005.
FAA AD Differences
(f) None.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Gregory Davison, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(2) Return to Airworthiness: When complying with this AD,
perform FAA-approved corrective actions before returning the product
to an airworthy condition.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) This AD is related to German AD D-2005-239, Effective Date:
July 22, 2005, which references Schempp-Hirth Flugzeugbau GmbH.
Technical Note No. 286-35/No. 328-13, EASA approved on: July 1,
2005.
Issued in Kansas City, Missouri, on August 4, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-13017 Filed 8-9-06; 8:45 am]
BILLING CODE 4910-13-P