Airworthiness Directives; Schempp-Hirth GmbH & Co. KG Models; Mini-Nimbus B and Mini-Nimbus HS-7 Sailplanes, 45744-45746 [E6-13017]

Download as PDF 45744 Proposed Rules Federal Register Vol. 71, No. 154 Thursday, August 10, 2006 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1421 RIN 0560–AH52 Storage Requirements for Grain Security for Marketing Assistance Loans Commodity Credit Corporation, USDA. ACTION: Proposed rule; reopening and extension of comment period. cprice-sewell on PROD1PC66 with PROPOSALS AGENCY: SUMMARY: The Commodity Credit Corporation (CCC) is reopening and extending the comment period for the subject proposed rule. The original comment period for the proposed rule closed August 2, 2006, and CCC is reopening and extending it for 60 days from the date of this notice. CCC also will consider any comments received from August 2, 2006, to the date of this notice. This action responds to requests from the public to provide more time to comment on the proposed rule. DATES: Comments should be received on or before October 10, 2006. ADDRESSES: CCC invites interested persons to submit comments on this proposed rule and on the collection of information required to administer the affected regulations. Comments may be submitted by any of the following methods: • E-mail: Send comments to: kimberly.graham@wdc.usda.gov. • Fax: Submit comments by facsimile transmission to: (202) 690–1536. • Mail: Send comments to: Director, Price Support Division, Farm Service Agency, United States Department of Agriculture (USDA), Room 4095–S, 1400 Independence Avenue, SW., Washington, DC 20250–0512. • Hand Delivery or Courier: Deliver comments to the above address. • Federal Rulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. VerDate Aug<31>2005 15:24 Aug 09, 2006 Jkt 208001 All written comments will be available for public inspection at the above address during business hours from 8 a.m. to 5 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Kimberly Graham; phone: (202) 720– 9154; e-mail: kimberly.graham@wdc.usda.gov, or fax: (202) 690–1536. SUPPLEMENTARY INFORMATION: Background On July 3, 2006, CCC published a proposed rule, ‘‘Storage Requirements for Grain Security for Marketing Assistance Loans’’ in the Federal Register (71 FR 37857–37862). The rule proposed changes to the regulations governing the CCC Marketing Assistance Loan Programs authorized by the Farm Security and Rural Investment Act of 2002 (2002 Act). CCC proposed in the rule to no longer require a Federallylicensed warehouse operator or a Statelicensed warehouse operator in a State with a warehouse licensing program to execute a CCC storage agreement. The Agency believes the request for additional time to comment on the proposed rule is reasonable and will allow the rulemaking to proceed in a timely manner. As a result of the reopening and extension, the comment period for the proposed rule will close on October 10, 2006. Signed in Washington, DC, on August 4, 2006. Glen L. Keppy, Executive Vice President, Commodity Credit Corporation. [FR Doc. E6–13002 Filed 8–9–06; 8:45 am] BILLING CODE 3410–05–P 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; MiniNimbus B and Mini-Nimbus HS–7 Sailplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). AGENCY: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Notice of proposed rulemaking (NPRM). ACTION: 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 https:// dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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 SchemppHirth, Flugzeugbau GmbH, Postfach 14 43, D–73222 Kirchheim/Teck, Germany; telephone: ++ 49 7021 7298–0; fax: ++ 49 7021 7298–199; Web site: 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 E:\FR\FM\10AUP1.SGM 10AUP1 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules cprice-sewell on PROD1PC66 with PROPOSALS Order 8040.2, ‘‘Airworthiness Directive Process for Mandatory Continuing Airworthiness Information’’ which is currently open for comments at https:// 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 https:// 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 VerDate Aug<31>2005 15:24 Aug 09, 2006 Jkt 208001 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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 45745 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 E:\FR\FM\10AUP1.SGM 10AUP1 45746 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 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 https://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. § 39.13 [Amended] 2. The FAA amends § 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. Applicability (c) This AD applies to Models MiniNimbus B and Mini-Nimbus HS–7 sailplanes, all serial numbers, that are certificated in any U.S. category. cprice-sewell on PROD1PC66 with PROPOSALS 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 FAAapproved 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 Affected ADs (b) None. 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 VerDate Aug<31>2005 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. 15:24 Aug 09, 2006 Jkt 208001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [CGD01–06–084] RIN 1625–AA01 Anchorage Regulations; Camden, ME, Penobscot Bay AGENCY: PO 00000 Coast Guard, DHS. Frm 00003 Fmt 4702 Sfmt 4702 ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to establish two special anchorage areas in Camden Harbor, Camden, Maine. This proposed action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 65 feet in length. This action is intended to increase the safety of life and property in Camden Harbor, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce. DATES: Comments and related material must reach the Coast Guard on or before October 10, 2006. ADDRESSES: You may mail comments and related material to Commander (dpw) (CGD01–06–084), First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110, or deliver them to room 628 at the same address between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at room 628, First Coast Guard District Boston, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (dpw), First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110, Telephone (617) 223–8355 or e-mail at John.J.Mauro@uscg.mil. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD01–06–084), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the E:\FR\FM\10AUP1.SGM 10AUP1

Agencies

[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Proposed Rules]
[Pages 45744-45746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13017]


=======================================================================
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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).

-----------------------------------------------------------------------

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 https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
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: 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 https://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 https://
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 https://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
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