Airworthiness Directives; Schempp-Hirth GmbH & Co. KG Models Mini-Nimbus B and Mini-Nimbus HS-7 Sailplanes, 62897-62899 [E6-17870]
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Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations
the compliance times specified, unless the
actions have already been done.
requirements contained in this AD and has
assigned OMB Control Number 2120–0056.
Service Bulletin References
(f) The term ‘‘service bulletin,’’ as used in
this AD, means the Accomplishment
Instructions of the following service
bulletins, as applicable:
(1) For Model A300 airplanes: Airbus
Service Bulletin A300–24–0102, including
Appendix 01, dated December 15, 2005;
(2) For Model A310 airplanes: Airbus
Service Bulletin A310–24–2095, including
Appendix 01, dated December 15, 2005; and
(3) For Model A300 B4–601, B4–603, B4–
620, B4–622, B4–605R, B4–622R, F4–605R,
and F4–622R airplanes, and A300 C4–605R
Variant F airplanes: Airbus Service Bulletin
A300–24–6092, including Appendix 01,
dated December 15, 2005.
Alternative Methods of Compliance
(AMOCs)
Inspections and Corrective Actions
(g) Within 44 months after the effective
date of this AD, perform detailed inspections
for discrepancies of all electrical bundles
located in the leading and trailing edges of
the wings, and all applicable corrective
actions, by doing all of the actions in the
service bulletin, except as provided by
paragraph (h) of this AD. All corrective
actions must be done before further flight.
Note 1: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
rmajette on PROD1PC67 with RULES1
Exception to Corrective Action Instructions
(h) If inadequate clearance is found
between any electrical wire harness and
adjacent components or structure: Before
further flight, correct the inadequate
clearance using a method approved by either
the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency (EASA)
(or its delegated agent).
Reporting
(i) Within 30 days after doing the
inspections required by this AD, or within 30
days after the effective date of the AD,
whichever is later: Submit a report of the
findings (both positive and negative) of the
inspections required by paragraph (g) of this
AD to Airbus Engineering, c/o SE-E54, 1
Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France. The report must include the
airplane serial number or registration
number, the number of flight cycles and
flight hours on the airplane, the date of the
inspection, the location of the defect, the
conditions found, and the type of repair.
Submitting Appendix 01 of the service
bulletin to Airbus is acceptable for
compliance with this requirement. Under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
VerDate Aug<31>2005
14:48 Oct 26, 2006
Jkt 211001
(j)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(k) EASA airworthiness directive 2006–
0076, dated April 3, 2006, also addresses the
subject of this AD.
Material Incorporated by Reference
(l) You must use Airbus Service Bulletin
A300–24–0102, including Appendix 01,
dated December 15, 2005; Airbus Service
Bulletin A310–24–2095, including Appendix
01, dated December 15, 2005; or Airbus
Service Bulletin A300–24–6092, including
Appendix 01, dated December 15, 2005; as
applicable; to perform the actions that are
required by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of these documents in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France, for a
copy of this service information. You may
review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street, SW., Room PL–401,
Nassif Building, Washington, DC; on the
Internet at https://dms.dot.gov; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on October
17, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–17747 Filed 10–26–06; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
62897
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25171; Directorate
Identifier 2006–CE–35–AD; Amendment 39–
14807; AD 2006–22–10]
RIN 2120–AA64
Airworthiness Directives; SchemppHirth GmbH & Co. KG Models MiniNimbus B and Mini-Nimbus HS–7
Sailplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as a failure in the flap
actuating circuit. An investigation
showed that the lever at the torsional
drive in the fuselage failed at the weld.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
December 1, 2006.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 1, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, Room PL–401,
Washington, DC.
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. The 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 FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
Frm 00023
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27OCR1
62898
Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This AD references the MCAI and
related service information that we
considered in forming the engineering
basis to correct the unsafe condition.
The AD contains text copied from the
MCAI and for this reason might not
follow our plain language principles.
rmajette on PROD1PC67 with RULES1
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on August 10, 2006 (71 FR
45744). That NPRM proposed to require
reinforcing the flap drive.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Jack Buster with the Modification and
Replacement Parts Association
(MARPA) provides comments to the
MCAI AD process pertaining to how the
FAA addresses publishing manufacturer
service information as part of a
proposed AD action. The commenter
states that the rule, as proposed,
attempts to require compliance with a
public law by reference to a private
writing (as referenced in paragraph (e)
of the proposed AD). The commenter
would like the FAA to incorporate by
reference (IBR) the Schempp-Hirth
Flugzeugbau GmbH. Technical Note.
We agree with Mr. Buster. However,
we do not IBR any document in a
proposed AD action, instead we IBR the
document in the final rule. Since we are
issuing the proposal as a final rule AD
action, Schempp-Hirth Flugzeugbau
GmbH. Technical Note No. 286–35/No.
328–13, EASA approved on: July 1,
2005, is incorporated by reference.
Mr. Buster requests IBR documents be
made available to the public by
publication in the Federal Register or in
the Docket Management System (DMS).
We are currently reviewing issues
surrounding the posting of service
bulletins in the Department of
Transportation’s DMS as part of the AD
docket. Once we have thoroughly
examined all aspects of this issue and
have made a final determination, we
will consider whether our current
practice needs to be revised.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
VerDate Aug<31>2005
14:48 Oct 26, 2006
Jkt 211001
public interest require adopting the AD
as proposed.
Differences Between this 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 required 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 AD. These
requirements, if any, take precedence
over the actions copied from the MCAI.
Costs of Compliance
We estimate that this AD will affect
13 products of U.S. registry. We also
estimate that it will take about 6 workhours per product to comply with this
AD. The average labor rate is $80 per
work-hour. Required parts will 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
this AD to the U.S. operators to be
$6,409, or $493 per product.
Authority for This Rulemaking
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.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Regulatory Findings
We 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.
For the reasons discussed above, I
certify 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); 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 regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket 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 AD docket contains the
NPRM, the regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Office (telephone (800) 647–
5227) is 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, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2006–22–10 Schempp-Hirth Gmbh & Co.
KG: Amendment 39–14807; Docket No.
FAA–2006–25171; Directorate Identifier
2006–CE–35–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective December 1, 2006.
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27OCR1
Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations
Affected ADs
(b) None.
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.
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.
Actions and Compliance
(e) Unless already done, do the following
except as stated in paragraph (f) below.
(1) Within the next 90 days after December
1, 2006 (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.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff,
FAA, Small Airplane Directorate, ATTN:
Gregory Davison, Aerospace Engineer, 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.
rmajette on PROD1PC67 with RULES1
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.
Material Incorporated by Reference
(i) You must use Schempp-Hirth
Flugzeugbau GmbH. Technical Note No. 286–
35/No. 328–13, EASA approved on: July 1,
2005, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
14:48 Oct 26, 2006
Issued in Kansas City, Missouri, on
October 19, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–17870 Filed 10–26–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
FAA AD Differences
(f) None.
VerDate Aug<31>2005
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this 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: https://www.schempp-hirth.com, e-mail:
info@schempp-hirth.com.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; or at the National Archives
and Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Jkt 211001
[Docket No. FAA–2006–25841; Directorate
Identifier 86–ANE–7; Amendment 39–14809;
AD 2006–22–12]
RIN 2120–AA64
Airworthiness Directives; Hartzell
Propeller Inc. Model HC–B5MP–3( )/
M10282A( )+6 and HC–B5MP–3( )/
M10876( )( )( )( ) Five-Bladed
Propellers.
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD) for
Hartzell Propeller Inc. model HC–
B5MP–3( )/M10282A( )+6 five-bladed
propellers. That AD currently requires
initial and repetitive torque check
inspections on the mounting bolts on
certain model Hartzell Propeller Inc.
HC–B5MP–3( )/M10282A( )+6 fivebladed propellers, replacement of
mounting bolts if necessary, and
inspection and resurfacing of the engine
and propeller mounting flanges if
necessary. This AD requires the same
actions but requires more detailed
overhaul inspections and maintenance
than the previous AD, AD 2004–21–01.
This AD also adds Hartzell Propeller
Inc. HC–B5MP–3( )/M10876( )( )( )( )
five-bladed propellers to the
applicability. This AD results from
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
62899
reports of fretting wear still occurring
between the engine and propeller
mounting flanges. The fretting wear
results in loss of mounting bolt preload,
causing failure of the mounting bolts.
We are issuing this AD to prevent
propeller separation from the airplane.
DATES: Effective November 13, 2006.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the
regulations as of November 13, 2006.
We must receive any comments on
this AD by December 26, 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–
0001.
• 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.
Contact Hartzell Propeller Inc.
Technical Publications Department, One
Propeller Place, Piqua, OH 45356;
telephone (937) 778–4200; fax (937)
778–4391, for the service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Tim
Smyth, Aerospace Engineer, Chicago
Aircraft Certification Office, FAA, Small
Airplane Directorate, 2300 East Devon
Avenue, Des Plaines, IL 60018;
telephone: (847) 294–7132; fax: (847)
294–7834.
SUPPLEMENTARY INFORMATION: On
October 4, 2004, the FAA issued AD
2004–21–01, Amendment 39–13822 (69
FR 62179, October 25, 2004). That AD
requires initial and repetitive torque
check inspections on the mounting bolts
on certain model Hartzell Propeller Inc.
model HC–B5MP–3( )/M10282A( )+6
five-bladed propellers, and replacement
of mounting bolts if necessary. That AD
also reduces compliance time from the
previous AD, for the initial inspection
on certain Short Brothers Ltd. Model
SD3–30 airplanes to before further flight
and within 100 hours time-in-service for
propellers installed on certain
Aerospatiale (Nord) Model 262A
airplanes. That AD also requires
repetitive torque check inspections of
E:\FR\FM\27OCR1.SGM
27OCR1
Agencies
[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Rules and Regulations]
[Pages 62897-62899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17870]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25171; Directorate Identifier 2006-CE-35-AD;
Amendment 39-14807; AD 2006-22-10]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as a failure
in the flap actuating circuit. An investigation showed that the lever
at the torsional drive in the fuselage failed at the weld. We are
issuing this AD to require actions to correct the unsafe condition on
these products.
DATES: This AD becomes effective December 1, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 1,
2006.
ADDRESSES: You may examine the AD docket on the Internet at https://dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
Room PL-401, Washington, DC.
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. The 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 FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register
[[Page 62898]]
requirements. We also continue to meet our technical decision-making
responsibilities to identify and correct unsafe conditions on U.S.-
certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 10, 2006 (71
FR 45744). That NPRM proposed to require reinforcing the flap drive.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Jack Buster with the Modification and Replacement Parts Association
(MARPA) provides comments to the MCAI AD process pertaining to how the
FAA addresses publishing manufacturer service information as part of a
proposed AD action. The commenter states that the rule, as proposed,
attempts to require compliance with a public law by reference to a
private writing (as referenced in paragraph (e) of the proposed AD).
The commenter would like the FAA to incorporate by reference (IBR) the
Schempp-Hirth Flugzeugbau GmbH. Technical Note.
We agree with Mr. Buster. However, we do not IBR any document in a
proposed AD action, instead we IBR the document in the final rule.
Since we are issuing the proposal as a final rule AD action, Schempp-
Hirth Flugzeugbau GmbH. Technical Note No. 286-35/No. 328-13, EASA
approved on: July 1, 2005, is incorporated by reference.
Mr. Buster requests IBR documents be made available to the public
by publication in the Federal Register or in the Docket Management
System (DMS).
We are currently reviewing issues surrounding the posting of
service bulletins in the Department of Transportation's DMS as part of
the AD docket. Once we have thoroughly examined all aspects of this
issue and have made a final determination, we will consider whether our
current practice needs to be revised.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Differences Between this 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 required 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 AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
We estimate that this AD will affect 13 products of U.S. registry.
We also estimate that it will take about 6 work-hours per product to
comply with this AD. The average labor rate is $80 per work-hour.
Required parts will 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 this AD to the U.S. operators to be $6,409, or
$493 per product.
Authority for This Rulemaking
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.
Regulatory Findings
We 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.
For the reasons discussed above, I certify 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); 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 regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket 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 AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD:
2006-22-10 Schempp-Hirth Gmbh & Co. KG: Amendment 39-14807; Docket
No. FAA-2006-25171; Directorate Identifier 2006-CE-35-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
1, 2006.
[[Page 62899]]
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.
Actions and Compliance
(e) Unless already done, do the following except as stated in
paragraph (f) below.
(1) Within the next 90 days after December 1, 2006 (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, Small Airplane Directorate, ATTN: Gregory
Davison, Aerospace Engineer, 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.
Material Incorporated by Reference
(i) You must use Schempp-Hirth Flugzeugbau GmbH. Technical Note
No. 286-35/No. 328-13, EASA approved on: July 1, 2005, to do the
actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this 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: https://www.schempp-hirth.com, e-mail: hirth.com">info@schempp-hirth.com.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on October 19, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-17870 Filed 10-26-06; 8:45 am]
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