[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62224-62226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27777]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0800 Directorate Identifier 2009-CE-041-AD; 
Amendment 39-16088; AD 2009-24-02]
RIN 2120-AA64


Airworthiness Directives; Scheibe-Flugzeugbau GmbH Models 
Bergfalke-III, Bergfalke-II/55, SF 25C, and SF-26A Standard Gliders

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:

    The manufacturer has advised of receiving a report of looseness 
of the drive arm of the mechanical elevator trim tab, found during 
an annual inspection. This kind of damage is likely caused by 
penetrated humidity over the years.
    If left uncorrected, this condition could lead to the separation 
of the drive arm which could result in flutter of the elevator and 
possible loss of control of the aircraft.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 4, 2010.
    On January 4, 2010, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,

[[Page 62225]]

Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

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 31, 2009 (74 
FR 44777). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The manufacturer has advised of receiving a report of looseness 
of the drive arm of the mechanical elevator trim tab, found during 
an annual inspection. This kind of damage is likely caused by 
penetrated humidity over the years.
    If left uncorrected, this condition could lead to the separation 
of the drive arm which could result in flutter of the elevator and 
possible loss of control of the aircraft. For the reasons stated 
above, this new Airworthiness Directive mandates repetitive 
inspections for solid fixation of the drive arms of the mechanical 
elevator trim tabs.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data 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 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 
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 5 products of U.S. registry. 
We also estimate that it will take about 8 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $14 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $3,270 or $654 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 http://www.regulations.gov; 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) 647-5527) 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:

2009-24-02 Scheibe-Flugzeugbau GmbH: Amendment 39-16088; Docket No. 
FAA-2009-0800; Directorate Identifier 2009-CE-041-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
4, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models Bergfalke-III, Bergfalke-II/55, SF 
25C, and SF-26A Standard gliders, all serial numbers, certificated 
in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The manufacturer has advised of receiving a report of looseness 
of the drive arm of the mechanical elevator trim tab, found during 
an annual inspection. This kind of damage is likely caused by 
penetrated humidity over the years.
    If left uncorrected, this condition could lead to the separation 
of the drive arm which could result in flutter of the elevator and 
possible loss of control of the aircraft.
    For the reasons stated above, this new Airworthiness Directive 
mandates repetitive inspections for solid fixation of the drive arms 
of the mechanical elevator trim tabs.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) At the next scheduled maintenance inspection after January 
4, 2010 (the effective date of this AD) or within the next 12 months 
after January 4, 2010 (the effective date of this AD), whichever 
occurs first, inspect the drive arm of the mechanical elevator trim 
tab

[[Page 62226]]

for separation of the drive arm following Scheibe Aircraft GmbH 
Service Bulletin No. 104-24/1; No. 232-6/1; and No. 653-91/1 (same 
document), dated June 25, 2009. If any looseness is found, before 
further flight, repair the drive arm of the mechanical elevator trim 
tab following Scheibe Aircraft GmbH Work Instruction No. 104-24; No. 
232-6; and No. 653-91 (same document), dated March 23, 2009.
    (2) Repetitively thereafter, at intervals not to exceed every 12 
months, inspect the drive arm of the mechanical elevator trim tab 
and do all corrective actions following Scheibe Aircraft GmbH 
Service Bulletin No. 104-24/1; No. 232-6/1; and No. 653-91/1 (same 
document), dated June 25, 2009; and Scheibe Aircraft GmbH Work 
Instruction No. 104-24; No. 232-6; and No. 653-91 (same document), 
dated March 23, 2009.

    Note 1: The service information references four documents: 104-
24 (104-24/1), 232-6 (232-6/1), 653-91 (653-91/1), and 770-30 (770-
30/1). This AD does not reference 770-30 (770-30/1) because the 
Model SF28A Tandem Falke is not type certificated in the United 
States. 14 CFR part 39 only allows the FAA to issue ADs against type 
certificated products.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2009-0132, dated June 23, 2009; Scheibe Aircraft GmbH Service 
Bulletin No. 104-24/1; No. 232-6/1; and No. 653-91/1 (same 
document), dated June 25, 2009; and Scheibe Aircraft GmbH Work 
Instruction No. 104-24; No. 232-6; and No. 653-91 (same document), 
dated March 23, 2009, for related information.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 1 of 
this AD 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 
SCHEIBE AIRCRAFT GMBH/Customer Service, Am Flugplatz 5, 73540 
Heubach, Federal Republic of Germany; telephone: + 49 (0) 7173-
184286; fax: + 49 (0) 7173-185587; E-mail: [email protected]; 
Internet: http://www.scheibe-aircraft.de/.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

                                   Table 1--Material Incorporated by Reference
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         Service information                    Pages                   Revision                   Date
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Scheibe Aircraft GmbH Service          1 and 2................  Not Applicable.........  June 25, 2009.
 Bulletin No. 104-24/1; No. 232-6/1;
 and No. 653-91/1 (same document).
Scheibe Aircraft GmbH Work             1 and 2................  Not Applicable.........  March 23, 2009.
 Instruction No. 104-24; No. 232-6;
 and No. 653-91 (same document).
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    Issued in Kansas City, Missouri, on November 10, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-27777 Filed 11-25-09; 8:45 am]
BILLING CODE 4910-13-P