AD 2007-05-19

[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Rules and Regulations]
[Pages 10346-10348]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-3989]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24709; Directorate Identifier 2006-CE-28-AD; 
Amendment 39-14980; AD 2007-05-19]
RIN 2120-AA64


Airworthiness Directives; Glasflugel Models H 301 ``Libelle,'' H 
301B ``Libelle,'' Standard ``Libelle,'' and Standard Libelle-201B 
Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Glasflugel Models H 301 ``Libelle,'' H 301B ``Libelle,'' Standard 
``Libelle,'' and Standard Libelle-201B sailplanes. This AD requires you 
to replace the rudder actuator arm (manufactured according to drawing 
No. 301-45-10) with an improved design rudder actuator arm 
(manufactured following drawing No. 301-45-13). This AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. We are issuing this AD to detect 
and correct damage to the rudder actuator arm, which could result in 
failure of the rudder actuator arm. This failure could result in 
reduced or loss of rudder control.

DATES: This AD becomes effective on April 12, 2007.
    As of April 12, 2007, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Glasflugel, Glasfaser-Flugzeug-Service GmbH, Hansjory 
Steifeneder, Hofener Weg, 72582 Grabenstetten, Federal Republic of 
Germany; telephone: 011 49 7382 1032.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>. The docket number is FAA-2006-24709; Directorate 
Identifier 2006-CE-28-AD.

FOR FURTHER INFORMATION CONTACT: Gregory Davison, Glider Project 
Officer, ACE-112, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4130; facsimile: 
(816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    On August 4, 2006, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to all Glasflugel Models H 301 ``Libelle,'' H 301B 
``Libelle,'' Standard ``Libelle,'' and Standard Libelle-201B 
sailplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on August 11, 2006 (71 FR 46128). 
The NPRM proposed to require you to replace the rudder actuator arm 
(manufactured according to drawing No. 301-45-10) with an improved 
design rudder actuator arm (manufactured following drawing No. 301-45-
13).

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
and FAA's response to the comment:

Comment Issue: Service Documents and Parts Manufacturer Approval

    Jack Buster of the Modification and Replacement Parts Association 
(MARPA) requests the following be incorporated into the regulatory 
action:

    1. Service documents deemed essential to the accomplishment of 
this proposed action be incorporated by reference and published in 
the Docket Management System (DMS); and
    2. The issue of parts manufacturer approval (PMA) be addressed 
in the proposed action and that all Directorates within the FAA 
treat the issue the same per Section 1, paragraph (b)(10) of 
Executive Order 12866.

    We agree that the service documents are essential and should be 
incorporated by reference. However, we do not incorporate by reference 
any document in a proposed AD action; instead we incorporate by 
reference the document in the final rule. Since we are issuing the 
proposal as a final rule AD action, the service information referenced 
in this action will be incorporated by reference.
    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.
    On the PMA issue, Mr. Buster's comments are timely in that the FAA 
is currently reviewing this issue as it applies to all products: 
Transport airplanes, commuter airplanes, general aviation airplanes, 
engines and propellers, rotorcraft, and appliances. The FAA 
acknowledges that there are different ways of addressing this issue to 
ensure that unsafe PMA parts are identified and addressed. Once we have 
thoroughly examined all aspects of this issue including input from 
industry and have made a final determination, we will consider 
developing a standardized approach and standardized language on how to 
address PMA parts in airworthiness directives.
    We have determined that to delay this AD action would be 
inappropriate since an unsafe condition exists and that replacement of 
certain parts must be done to ensure continued safety. Therefore, we 
have made no change to the AD in this regard.

Conclusion

    We have carefully reviewed the available data and determined that 
air

[[Page 10347]]

safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
are minor corrections:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 160 airplanes in the U.S. 
registry.
    We estimate the following costs to do the replacement of the rudder 
actuator arm (manufactured according to drawing No. 301-45-10):

------------------------------------------------------------------------
                                                  Total cost  Total cost
             Labor Cost               Parts cost      per       on U.S.
                                                   airplane    operators
------------------------------------------------------------------------
3 work-hours x $80 per hour = $240..       $150        $390     $62,400
------------------------------------------------------------------------

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 AD.

Regulatory Findings

    We have 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 that this AD:
    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
    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 summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2006-24709; Directorate Identifier 2006-CE-28-AD'' in your 
request.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2007-05-19 Glasflugel: Amendment 39-14980; Docket No. FAA-2006-
24709; Directorate Identifier 2006-CE-28-AD.

Effective Date

    (a) This AD becomes effective on April 12, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD affects Models H 301 ``Libelle,'' H 301B 
``Libelle,'' Standard ``Libelle,'' and Standard Libelle-201B 
sailplanes, all serial numbers, that are certificated in any 
category.

Unsafe Condition

    (d) This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Germany. We are issuing this AD to detect and correct damage to the 
rudder actuator arm, which could result in failure of the rudder 
actuator arm. This failure could result in reduced or loss of rudder 
control.

Compliance

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Replace the rudder actuator   Within the next 30  Follow Glasfaser-
 arm (manufactured according to    days after April    Flugzeug-Service
 drawing No. 301-45-10) with an    12, 2007 (the       GmbH
 improved design actuator arm      effective date of   Hansj[ouml]rg
 (manufactured following drawing   this AD), unless    Streifeneder
 No. 301-45-13).                   already done.       Technical Note
                                                       No. 201-35 and
                                                       No. 301-39, dated
                                                       March 1, 2005.
(2) Do not install any rudder     As of April 12,     Not applicable.
 actuator arm (manufactured        2007 (the
 according to drawing No. 301-45-  effective date of
 10).                              this AD).
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Standards Office, Small Airplane Directorate, 
FAA, ATTN: Gregory Davison, Glider Project Officer, ACE-112, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; facsimile: (816) 329-4090, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.

Related Information

    (g) German AD Number D-2005-118, dated April 4, 2005, also 
addresses the subject of this AD.

[[Page 10348]]

Material Incorporated by Reference

    (h) You must use Glasfaser-Flugzeug-Service GmbH Hansj[ouml]rg 
Streifeneder Technical Note No. 201-35 and No. 301-39, dated March 
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 
Glasflugel, Glasfaser-Flugzeug-Service GmbH, Hansjory Steifeneder, 
Hofener Weg, 72582 Grabenstetten, Federal Republic of Germany; 
telephone: 011 49 7382 1032.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, 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/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on March 1, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-3989 Filed 3-7-07; 8:45 am]
BILLING CODE 4910-13-P