AD 2006-22-10

[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Rules and Regulations]
[Pages 62897-62899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E6-17870]


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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; 
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.

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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 <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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: http://www.schempp-<a href="http://hirth.com">hirth.com</a>, e-mail: <a href="/cdn-cgi/l/email-protection#a8c1c6cec7e8dbcbc0cdc5d8d88594c988c0dacdce95" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    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