[Federal Register Volume 61, Number 118 (Tuesday, June 18, 1996)]
[Rules and Regulations]
[Pages 30801-30803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15249]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 118 / Tuesday, June 18, 1996 / Rules 
and Regulations  

[[Page 30801]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-CE-18-AD; Amendment 39-9669; AD 96-13-01]
RIN 2120-AA64


Airworthiness Directives; MDB Flugtechnik AG Model MD3-160 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to MDB Flugtechnik AG Model MD3-160 airplanes. This action 
requires inserting a supplement Aircraft Flight Manual (AFM), 
installing a placard prohibiting aerobatics and spinning, inspecting 
the nosewheel steering system for damaged parts and improper rigging, 
and if necessary, replacing the parts and re-rigging the nosewheel 
steering system (NWS). Two incidents on certain MD3-160 airplanes while 
in flight causing the airplanes to go into a left spin and loose rudder 
control prior to landing prompted this AD action. The actions specified 
by this AD are intended to prevent the rudder pedals from locking up 
and the nosewheel steering from disengaging, which if not detected and 
corrected, could cause loss of control of the airplane.

DATES: Effective July 12, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 12, 1996.
    Comments for inclusion in the Rules Docket must be received on or 
before August 12, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 96-CE-18-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
MDB Flugtechnik AG, Flugplatz, CH-3368 Bleienbach, Switzerland. This 
information may also be examined at the Federal Aviation Administration 
(FAA), Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket 96-CE-18-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106; or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Gregory J. Holt, Program Manager, 
Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle 
East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone 
(322) 513.3830, ext. 2716; facsimile (322) 230.6899 or Mr. Roman T. 
Gabrys, Project Officer, Small Airplane Directorate, Aircraft 
Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6932; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION: The Swiss Federal Office for Civil Aviation 
(FOCA), which is the airworthiness authority for Switzerland, recently 
notified the FAA that an unsafe condition may exist on MDB Flugtechnik 
AG (Flugtechnik) Model MD3-160 airplanes. The Swiss FOCA advises that 
two incidents on certain MD3-160 airplanes were caused by disengagement 
of the nosewheel steering while in flight making the airplane roll into 
a left turn, which was controllable with aileron inputs. The airplane 
was able to land with restricted rudder control. During the second 
incident, the pilot was unable to re-engage the nosewheel steering 
while in flight and prior to landing, and rudder control was never 
effected. In test flights, the manufacturer has succeeded at 
reproducing this rudder pedal lockup under unusual combinations of 
nosewheel steering angle, steering disengage lever position, and rudder 
pedal position. This situation can only occur when the nose wheel 
steering disengage link is rotated above its disengage ``neutral'' 
position either by excessive nosewheel rotation, or by excessive 
rotation of the selector lever. The NWS mechanism may be sensitive to 
play in the nosewheel steering damper block assembly at the top of the 
nose leg and also sensitive to inconsistencies in rigging procedures. 
Further investigations have revealed that it is possible to 
inadvertently damage the disengage mechanism if the nosewheel is 
maneuvered by a towbar with the steering disengaged.
    Flugtechnik has issued service bulletin (SB) No. MD-SB-27-001, 
Original Issue May 1995, which specifies inserting a supplement to the 
Aircraft Flight Manual (AFM), fabricating and installing a placard on 
the instrument panel, and inspecting the NWS system and replacing any 
damaged parts prior to further flight.
    The Swiss FOCA classified this service bulletin as mandatory and 
issued airworthiness directive (AD) HB 95-303, dated July 17, 1995, in 
order to assure the continued airworthiness of these airplanes in 
Switzerland. This airplane model is manufactured in Switzerland 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 airworthiness agreement between the 
United States and Switzerland. Pursuant to this bilateral airworthiness 
agreement, the Swiss FOCA has kept the FAA informed of the situation 
described above.
    After examining the circumstances and reviewing all available 
information related to the incidents described above including that 
received from the Swiss FOCA, the FAA has determined that AD action 
should be taken in order to prevent the rudder pedals from locking up 
and the nosewheel steering from disengaging, which if not detected and 
corrected, could cause loss of control of the airplane.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other Flugtechnik Model MD3-160 airplanes of the 
same type design registered for operation in the United States, this AD 
requires:

--inserting a supplement to the AFM prohibiting aerobatics and 
spinning,
--fabricating and installing a placard in the pilot's clear view, that 
prohibits aerobatics and spinning,
--inspecting the NWS engage/disengage mechanism for extensive 
rotational

[[Page 30802]]

play, and if rotational play exists, prior to further flight, adjusting 
the rigging of the rudder/nosewheel steering mechanism,
--inspecting the shimmy damper for a bent piston rod, and if bent or 
the damper bottoms out, prior to further flight, replacing the damping 
pieces.

    The actions are to be done in accordance with the instructions in 
the ACCOMPLISHMENT INSTRUCTIONS section of MDB Flugtechnik AG Service 
Bulletin No. MD-SB-27-001, Original Issue May 1995.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified above. All communications 
received on or before the closing date for comments will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-CE-18-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation and that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a ``significant regulatory action'' 
under Executive Order 12866. It has been determined further that this 
action involves an emergency regulation under DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979). If it is determined 
that this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

96-13-01  MDB Flugtechnik AG: Amendment 39-9669; Docket No. 96-CE-
18-AD.

    Applicability: Model MD3-160 airplanes, all serial numbers, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (h) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within the next 25 hours time-in-service 
(TIS) after the effective date of this AD, and thereafter, as 
indicated in this AD.
    To prevent the rudder pedals from locking up and the nosewheel 
steering (NWS) from disengaging, which if not detected and 
corrected, could cause loss of control of the airplane, accomplish 
the following:
    (a) Insert Temporary Flight Manual Supplement No. TEMP AFM-001, 
dated April 1995, into the MD3-160 Swiss Trainer Airplane Flight 
Manual in accordance with the ACCOMPLISHMENT INSTRUCTIONS section, 
paragraph B(1) in Flugtechnik Service Bulletin (SB) No. MD-SB-27-
001, Original Issue May 1995.
    (b) Fabricate and install a placard, in an area visible to the 
pilot (using letters no smaller than \1/8\-inch in height) with the 
following language on the airplane instrument panel:

``AEROBATICS AND SPINNING IN AEROBATIC AND UTILITY CATEGORY IS 
PROHIBITED''

    (c) Inspect the shimmy damper for a bent piston rod and proper 
operation in accordance the ACCOMPLISHMENT INSTRUCTIONS section, 
paragraphs D (1) and (2) of Flugtechnik SB MD-SB-27-001, Original 
Issue May 1995. If the piston rod is bent, prior to further flight, 
replace the piston rod in accordance with the applicable portion of 
the airplane maintenance manual.
    (d) Inspect the NWS engage/disengage mechanism and rudder for 
proper rotation position and excessive rotational play in accordance 
with paragraphs E (1), (2), and (3) of the service bulletin 
referenced in paragraph (c) of this AD. If the rotation is not 
correct or excessive play is evident, prior to further flight, re-
adjust the rigging for the rudder/nosewheel steering mechanism in 
accordance with the applicable portion of the airplane maintenance 
manual.
    (e) Inspect the nosewheel steering for excessive play in the 
damping mechanism in accordance with paragraphs F (1) through (5) in 
the service bulletin referenced in paragraph (c) of this AD. If any 
play exists, prior to further flight, replace the damping pieces and 
the console covers in accordance with the applicable portion of the 
airplane maintenance manual.
    (f) After the initial inspections, repetitively inspect, at 
intervals not to exceed 50 hours TIS, in accordance with paragraphs 
(c), (d), and (e) of this AD.
    (g) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (h) An alternative method of compliance or adjustment of the 
initial or repetitive compliance times that provides an equivalent 
level of safety may be approved by the Manager, Brussels Aircraft 
Certification Office, FAA, Europe, Africa, and Middle East Office, 
c/o American Embassy, B-1000 Brussels, Belgium. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Brussels Aircraft 
Certification Office.


[[Page 30803]]


    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Brussels Aircraft Certification Office.

    (i) The inspections and replacements required by this AD shall 
be done in accordance with MDB Flugtechnik AG Service Bulletin No. 
MD-SB-27-001, Original Issue May 1995. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from MDB Flugtechnik AG, Flugplatz, CH-3368 Bleienbach, 
Switzerland. Copies may be inspected at the FAA, Central Region, 
Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (j) This amendment (39-9669) becomes effective on July 12, 1996.

    Issued in Kansas City, Missouri, on June 11, 1996.

Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-15249 Filed 6-17-96; 8:45 am]
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