[Federal Register: April 21, 2005 (Volume 70, Number 76)] [Rules and Regulations] [Page 20715-20717] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21ap05-11] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2004-19522; Directorate Identifier 2004-CE-36-AD; Amendment 39-14064; AD 2005-08-12] RIN 2120-AA64 Airworthiness Directives; CENTRAIR 101 Series Gliders AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain [[Page 20716]] CENTRAIR 101 series gliders. This AD requires you to replace non- strengthened rudder pedals with reinforced rudder pedals. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France. We are issuing this AD to replace the non-strengthened rudder pedals and to prevent failure of the rudder controls. This failure could lead to loss of directional control of the glider. DATES: This AD becomes effective on June 6, 2005. As of June 6, 2005, 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 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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19522. 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: 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 certain CENTRAIR 101 series gliders. The DGAC reports finding previously undetected cracks or poorly repaired cracks on several CENTRAIR 101 series gliders at the weld seam between the hinge tube and the vertical tube of the rudder pedal. The rupture of this weld could lead to failure of the rudder controls. What is the potential impact if FAA took no action? Failure of the rudder controls could lead to loss of directional control of the glider. Has FAA taken any action to this point? 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 certain CENTRAIR 101 series gliders. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on December 13, 2004 (69 FR 72134). The NPRM proposed to require you to replace non-strengthened rudder pedals with reinforced rudder pedals. Comments Was the public invited to comment? We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion What is FAA's final determination on this issue? We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: --Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and --Do not add any additional burden upon the public than was already proposed in the NPRM. Changes to 14 CFR Part 39--Effect on the AD How does the revision to 14 CFR part 39 affect this AD? On July 10, 2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD affects 56 gliders in the U.S. registry. What is the cost impact of this AD on owners/operators of the affected gliders? We estimate the following costs to do this rudder pedal replacement. We have no way of determining the number of gliders that may need this rudder pedal replacement: ------------------------------------------------------------------------ Total cost per Labor cost per rudder pedal Parts cost glider ------------------------------------------------------------------------ 4 workhours x $65 per hour = $162 (for each rudder $584 $260. pedal) x 2 = $324 ------------------------------------------------------------------------ Authority for This Rulemaking What authority does FAA have for issuing this rulemaking action? 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 Will this AD impact various entities? 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. Will this AD involve a significant rule or regulatory action? 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 [[Page 20717]] 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-2004-19522; Directorate Identifier 2004-CE-36-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: 2005-08-12 Centrair: Amendment 39-14064; Docket No. FAA-2004-19522; Directorate Identifier 2004-CE-36-AD. When Does This AD Become Effective? (a) This AD becomes effective on June 6, 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, serial numbers 101xx001 through 101xx285 and 101D0501 through 101D0530, 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. We are issuing this AD to replace the non-strengthened rudder pedals, and prevent failure of the rudder controls. This failure could lead to loss of directional control of the glider. What Must I Do To Address This Problem? (e) To address this problem, you must do the following: ------------------------------------------------------------------------ Actions Compliance Procedures ------------------------------------------------------------------------ (1) Replace any non- Within the next 25 Follow strengthened rudder pedals hours time-in- Soci[eacute]t[eacut with reinforced rudder service (TIS) after e] Nouvelle pedals. June 6, 2005 (the Centrair Service (i) the left-hand reinforced effective date of Bulletin No. 101- rudder pedal is part number this AD), unless 24, dated March 5, (P/N) $Y185A; and. already done. 2003 (this is the (ii) the right-hand date of French AD reinforced rudder pedal is 2003-095(a) that P/N $Y196A. transmitted the service bulletin). (2) Do not install any non- As of June 6, 2005 Not Applicable. strengthened rudder pedal (the effective date as specified in paragraphs of this AD). (e)(1)(i) and (e)(1)(ii) of this AD. ------------------------------------------------------------------------ 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, 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 2003-095(A), dated March 5, 2003, also addresses the subject of this AD. Does This AD Incorporate Any Material by Reference? (h) You must do the actions required by this AD following the instructions in Soci[eacute]t[eacute] Nouvelle Centrair Service Bulletin No. 101-24, dated March 5, 2003 (this is the date of French AD 2003-095(a) that transmitted the service bulletin). The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact CENTRAIR, Aerodome B.P.N. 44, 36300 Le Blanc, France; telephone: 02.54.37.07.96; facsimile: 02.54.37.48.64. To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030. 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 20590-0001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004- 19522. Issued in Kansas City, Missouri, on April 12, 2005. Nancy C. Lane, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 05-7784 Filed 4-20-05; 8:45 am] BILLING CODE 4910-13-P