[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Proposed Rules]
[Pages 45744-45746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13017]


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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]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an airworthiness 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The proposed AD would require actions 
that are intended to address an unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 11, 
2006.

ADDRESSES: Use one of the following addresses to comment 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.
     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.
    For service information identified in the proposed 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: www.schempp-hirth.com, e-mail: hirth.com">info@schempp-hirth.com.

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. We are prototyping this process and 
specifically request your comments on its use. You can find more 
information in FAA draft

[[Page 45745]]

Order 8040.2, ``Airworthiness Directive Process for Mandatory 
Continuing Airworthiness Information'' which is currently open for 
comments at http://www.faa.gov/aircraft/draft_docs. This 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 existing AD issuance processes 
to meet legal, economic, Administrative Procedure Act, and Federal 
Register requirements. We also continue to follow our technical 
decision-making processes in all aspects to meet our responsibilities 
to determine and correct unsafe conditions on U.S.-certificated 
products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.
    The comment period for this proposed AD is open for 30 days to 
allow time for comment on both the process and the AD content. In the 
future, ADs using this process will have a 15-day comment period. The 
comment period is reduced because the airworthiness authority and 
manufacturer have already published the documents on which we based our 
decision, making a longer comment period unnecessary.

Comments Invited

    We invite you to send any written data, views, or arguments 
regarding this proposed AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number, ``FAA-2006-
25171; Directorate Identifier 2006-CE-35-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We are 
also inviting comments, views, or arguments on the new MCAI process. We 
will consider all comments received by the closing date and may amend 
the proposed AD in light of those 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 we 
receive concerning this proposed AD.

Discussion

    The Luftfahrt-Bundesamt, which is the airworthiness authority for 
Germany, has issued AD D-2005-239, Effective Date: July 22, 2005 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The 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. The MCAI requires reinforcing 
the flap drive. You may obtain further information by examining the 
MCAI in the docket.

Relevant Service Information

    Schempp-Hirth Flugzeugbau GmbH. has issued Technical Note No. 286-
35/No. 328-13, EASA approved on: July 1, 2005. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product is manufactured outside the United States 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 agreement. Pursuant to this bilateral 
airworthiness agreement, the State of Design's airworthiness authority 
has notified us of the unsafe condition described in the MCAI and 
service information referenced above. We have examined the 
airworthiness authority's findings, evaluated all pertinent 
information, and determined an unsafe condition exists and is likely to 
exist or develop on all products of this type design. We are issuing 
this proposed AD to correct the unsafe condition.

Differences Between the Proposed 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 proposed 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 proposed AD. These proposed 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 13 products of U.S. registry. We also estimate that 
it would take about 6 work-hours per product to do the action and that 
the average labor rate is $80 per work-hour. Required parts would 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 the 
proposed AD on U.S. operators to be $6,409, or $493 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies 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 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 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    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

[[Page 45746]]

    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 proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://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 Docket Office (telephone (800) 647-5227) 
is located at the street address stated 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, 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 AD:

Schempp-Hirth GmbH & Co. KG Models: FAA-2006-25171; Directorate 
Identifier 2006-CE-35-AD.

Comments Due Date

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by September 11, 2006.

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. The MCAI requires reinforcing the flap drive.

Actions and Compliance

    (e) Unless already done, do the following except as stated in 
paragraph (f) below.
    (1) Within the next 90 days after 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, ATTN: Gregory Davison, Aerospace Engineer, 
FAA, Small Airplane Directorate, 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.

    Issued in Kansas City, Missouri, on August 4, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-13017 Filed 8-9-06; 8:45 am]
BILLING CODE 4910-13-P