[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]                         

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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.

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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]

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