[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Proposed Rules]
[Pages 72136-72138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27196]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19616; Directorate Identifier 2004-CE-38-AD]
RIN 2120-AA64


Airworthiness Directives; CENTRAIR 101 Series Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all CENTRAIR 101 series gliders with other than elevator or aileron 
part number (P/N) SY991A hinge pins installed. This proposed AD would 
require you to replace any installed elevator or aileron hinge pins 
that are not P/N SY991A hinge pins with P/N SY991A pins. This proposed 
AD results from mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for France. We are issuing this 
proposed AD to replace incorrectly heat-treated elevator or aileron 
hinge pins, which could result in failure of the elevator or ailerons. 
Such failure during takeoff, landing, or flight operations could lead 
to loss of glider control.

DATES: We must receive any comments on this proposed AD by January 14, 
2005.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://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 20590-001.
     Fax: 1-202-493-2251.
     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.
    To get the service information identified in this proposed AD, 
contact CENTRAIR, Aerodome B.P.N. 44, 36300 Le Blanc, France; 
telephone: 02.54.37.07.96; facsimile: 02.54.37.48.64.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number FAA-2004-19616.

FOR FURTHER INFORMATION CONTACT: Greg 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: 

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2004-19616; Directorate Identifier 2004-CE-38-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-19616. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

[[Page 72137]]

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    What events have caused this proposed AD? The Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, recently notified FAA that an 
unsafe condition may exist on all CENTRAIR 101 series gliders. The DGAC 
reports occurrences of improperly heat-treated aileron and elevator 
hinge pins installed on the CENTRAIR 101 series gliders. Incorrectly 
heat-treated elevator or aileron hinge pins could result in 
longitudinal cracks that cause failure of the elevator or ailerons. 
CENTRAIR has made available new hinge pins (part number (P/N) SY991A) 
to replace any incorrectly heat-treated elevator or aileron hinge pins 
or hinge pins with longitudinal cracks.
    What is the potential impact if FAA took no action? Failure of the 
elevator or ailerons during takeoff, landing, or flight operations 
could lead to loss of glider control.
    Is there service information that applies to this subject? CENTRAIR 
has issued Soci[eacute]t[eacute] Nouvelle Centrair Service Bulletin No. 
101-22, dated March 13, 2001.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Immediately inspecting (visually and with dye penetrant) the aileron 
and elevator hinge pins for cracks;
--Immediately replacing any hinge pins found with longitudinal cracks 
as a result of the above inspection; and
--Eventually replacing any installed elevator or aileron hinge pins 
that are not P/N SY991A hinge pins with P/N SY991A pins.

    What action did the DGAC take? The DGAC classified this service 
bulletin as mandatory and issued French AD Number 2001-247(A), dated 
June 27, 2001, to ensure the continued airworthiness of these gliders 
in France.
    Did the DGAC inform the United States under the bilateral 
airworthiness agreement? These CENTRAIR 101 series gliders are 
manufactured in France and are 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.
    Under this bilateral airworthiness agreement, the DGAC has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the DGAC's findings, 
reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other CENTRAIR 101 series gliders of the same type design 
that are registered in the United States, we are proposing AD action to 
replace incorrectly heat-treated elevator or aileron hinge pins, which 
could result in failure of the elevator or ailerons. Such failure 
during takeoff, landing, or flight operations could lead to loss of 
glider control.
    What would this proposed AD require? This proposed AD would require 
you to replace with P/N SY991A hinge pins any installed elevator or 
aileron hinge pins that are not P/N SY991A hinge pins.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many gliders would this proposed AD impact? We estimate that 
this proposed AD affects 57 gliders in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected gliders? We estimate the following costs to 
do this proposed elevator and aileron hinge pin replacement. We have no 
way of determining the number of gliders that may need this hinge pin 
replacement. However, we have presented the costs to reflect all 57 
gliders needing the mandatory replacement:

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                                                           Total cost
                Labor cost                   Parts cost        per            Total cost on U.S.  operators
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4 workhours x $65 per hour = $260.........           $1          $261   $261 x 57 = $14,877
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Regulatory Findings

    Would this proposed AD impact various entities? 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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 proposed AD 
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 
``AD Docket FAA-2004-19616; Directorate Identifier 2004-CE-38-AD'' in 
your request.
    This proposed rulemaking is promulgated under the authority in 
subtitle VII, part A, subpart III, section 44701, General requirements. 
Under that section, the FAA is charged with prescribing minimum 
standards required in the interest of safety for the design of 
aircraft. This proposed regulation is within the scope of that 
authority since it corrects an unsafe

[[Page 72138]]

condition in the design of the aircraft caused by incorrectly heat-
treated elevator or aileron hinge pins, which could result in failure 
of the elevator or ailerons. Such failure during takeoff, landing, or 
flight operations could lead to loss of glider control.

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 
airworthiness directive (AD):

CENTRAIR: Docket No. FAA-2004-19616; Directorate Identifier 2004-CE-
38-AD

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by January 14, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Gliders Are Affected by This AD?

    (c) This AD affects Models 101, 101A, 101AP, and 101P gliders, 
all serial numbers, without elevator and aileron part number SY991A 
hinge pins installed, certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for France. 
The actions specified in this AD are intended to replace incorrectly 
heat-treated elevator or aileron hinge pins, which could result in 
failure of the elevator or ailerons. Such failure during takeoff, 
landing, or flight operations could lead to loss of glider control.

What Must I Do To Address This Problem?

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

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             Actions                  Compliance          Procedures
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(1) Replace any installed         Within the next 25  Follow
 elevator and aileron hinge pins   hours time-in-      Soci[eacute]t[eac
 that are not part number (P/N)    service (TIS)       ute] Nouvelle
 SY991A hinge pins with P/N        after the           Centrair Service
 SY991A hinge pins.                effective date of   Bulletin No. 101-
                                   this AD, unless     22, dated March
                                   already done.       13, 2001.
(2) Do not install any elevator   As of the           Not Applicable.
 and aileron hinge pins that are   effective date of
 not P/N SY991A hinge pins as      this AD.
 specified in paragraph (e)(1)
 of this AD.
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May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Greg Davison, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4130; facsimile: 
(816) 329-4090.

Is There Other Information That Relates to This Subject?

    (g) French AD Number 2001-247(A), dated June 27, 2001, also 
addresses the subject of this AD.

May I Get Copies of the Documents Referenced in This AD?

    (h) To get copies of the documents referenced in this AD, 
contact CENTRAIR, Aerodome B.P.N. 44, 36300 Le Blanc, France; 
telephone: 02.54.37.07.96; facsimile: 02.54.37.48.64. 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, or on the Internet at http://dms.dot.gov. This 
is docket number FAA-2004-19616.

    Issued in Kansas City, Missouri, on December 6, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27196 Filed 12-10-04; 8:45 am]
BILLING CODE 4910-13-P