[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Proposed Rules]
[Pages 72134-72136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27197]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / 
Proposed Rules

[[Page 72134]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19522; Directorate Identifier 2004-CE-36-AD]
RIN 2120-AA64


Airworthiness Directives; CENTRAIR 101 Series Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain CENTRAIR 101 series gliders. This proposed AD would require 
you to replace non-strengthened rudder pedals with reinforced rudder 
pedals. 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 the non-
strengthened rudder pedals, to prevent failure of the rudder controls. 
This failure could lead to loss of directional control of the glider.

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:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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-2004-19522.

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:

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-2004-19522; Directorate Identifier 2004-CE-36-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-2004-19522. 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.

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 Generale 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.
    Is there service information that applies to this subject? CENTRAIR 
has issued Soci[eacute]t[eacute] Nouvelle Centrair Service Bulletin No. 
101-24, dated March 5, 2003 (this is the date of the French AD 2003-
095(a) that transmitted the service bulletin).
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Immediately inspecting (using dye penetrant) the weld between the 
hinge tube and the vertical tube on both rudder pedals for any cracks;
--Immediately replacing any rudder pedal if a crack is found; and
--Eventually replacing any non-strengthened rudder pedals with a 
reinforced rudder pedal.


[[Page 72135]]


    What action did the DGAC take? The DGAC classified this service 
bulletin as mandatory and issued French AD Number 2003-095(A), dated 
March 5, 2003, 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 the non-strengthened rudder pedals, which could result in 
failure of the rudder controls. This failure could lead to loss of 
directional control of the glider.
    What would this proposed AD require? This proposed AD would require 
you to replace non-strengthened rudder pedals with reinforced rudder 
pedals, part number (P/N) $Y185A for the left-hand rudder pedal and P/N 
$Y196A for the right-hand rudder pedal.
    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 56 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 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.
------------------------------------------------------------------------

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-2004-19522; Directorate Identifier 2004-CE-36-AD'' in 
your request.
    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.

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-2004-19522; Directorate Identifier 2004-CE-
36-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, 
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:

[[Page 72136]]



------------------------------------------------------------------------
           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:                       the effective date    Centrair Service
(i) The left-hand reinforced   of this AD, unless    Bulletin No. 101-
 rudder pedal is part number   already done.         24, dated March 5,
 (P/N) $Y185A; and                                   2003 (this is the
(ii) The right-hand                                  date of the French
 reinforced rudder pedal is                          AD 2003-095(a) that
 P/N $Y196A.                                         transmitted the
                                                     service bulletin).
                                                     The applicable
                                                     glider maintenance
                                                     manual also
                                                     addresses this
                                                     issue.
(2) Do not install any non-   As of the effective   Not Applicable.
 strengthened rudder pedal     date of this AD.
 as specified in paragraphs
 (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, 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 2003-095(A), dated March 5, 2003, 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-2004-19522.

    Issued in Kansas City, Missouri, on December 6, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27197 Filed 12-10-04; 8:45 am]
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