Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Proposed Rules 44777 

Actions Compliance Procedures 

(4) If cracks are found during any inspection required in paragraph (e)(1), (e)(2), and (e)(3) 

of this AD, replace the MLG actuator with 

one of the following: 

(i) MLG actuator P/N 114–380041–15 (or FAAapproved equivalent P/N) or 114–380041– 

15OVH that is new or has been inspected 

following paragraphs (e)(1), (e)(2), and (e)(3) 

of this AD and has been found to not have 

cracks; or 

(ii) An FAA-approved actuator. Installation of an 

MLG actuator P/N other than 114–380041– 

11 (or FAA-approved equivalent P/N), 114– 

380041–13 (or FAA-approved equivalent P/ 

N), 114–380041–15 (or FAA-approved equivalent P/N), or 114–380041–15OVH terminates the inspection requirements of paragraphs (e)(1), (e)(2), and (e)(3) of this AD. 

Before further flight after the inspection where 

the cracks are found. 

(A) For Hawker Beechcraft parts: Follow 

Hawker Beechcraft Mandatory Service Bulletin SB 32–3870, dated April 2008. 

(B) For PMA by identicality: Either contact the 

ACO using the contact information in paragraph (g)(2) of this AD for FAA–approved 

procedures provided by the PMA holder; or 

install Hawker Beechcraft parts and follow 

Hawker Beechcraft Mandatory Service Bulletin SB 32–3870, dated April 2008, and follow any inspection required by this AD. 

(5) Do not install any MLG actuator P/N 114– 

380041–11 (or FAA-approved equivalent P/ 

N) or 114–380041–13 (or FAA-approved 

equivalent P/N). 

As of the effective date of this AD. Not applicable. 

(f) If the number of cycles is unknown, 

calculate the compliance times of cycles in 

this AD by using hours time-in-service (TIS). 

Multiply the number of hours TIS on the 

MLG actuator by 4 to come up with the 

number of cycles. For the purposes of this 

AD: 

(1) 600 cycles equals 150 hours TIS; and 

(2) 1,200 cycles equals 300 hours TIS. 

(g) If cracks are found during any 

inspection required in paragraphs (e)(1), 

(e)(2), or (e)(3) of this AD, report the size and 

location of the cracks to the FAA within 10 

days after the cracks are found or within 10 

days after the effective date of this AD, 

whichever occurs later. 

(1) Send report to Don Ristow, Aerospace 

Engineer, Wichita ACO, 1801 Airport Road, 

Room 100, Wichita, Kansas 67209; e-mail: 

donald.ristow@faa.gov. 

(2) The Office of Management and Budget 

(OMB) approved the information collection 

requirements contained in this regulation 

under the provisions of the Paperwork 

Reduction Act of 1980 (44 U.S.C. 3501 et 

seq.) and assigned OMB Control Number 

2120–0056. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Wichita Aircraft 

Certification Office (ACO), 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: Don 

Ristow, Aerospace Engineer, 1801 Airport 

Road, Room 100, Wichita, Kansas 67209; 

telephone: (316) 946–4120; fax: (316) 946– 

4107. 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. 

Related Information 

(i) To get copies of the service information 

referenced in this AD, contact Hawker 

Beechcraft Corporation, P.O. Box 85, Wichita, 

Kansas 67201–0085; telephone: (800) 429– 

5372 or (316) 676–3140; Internet: http:// 

pubs.hawkerbeechcraft.com. To view the AD 

docket, go to the U.S. Department of 

Transportation, Docket Operations, M–30, 

West Building Ground Floor, Room W12– 

140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, or on the Internet at 

http://dms.dot.gov. The docket number is 

Docket No. FAA–2008–1312; Directorate 

Identifier 2008–CE–065–AD. 

Issued in Kansas City, Missouri, on August 

20, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–20866 Filed 8–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0800; Directorate 

Identifier 2009–CE–041–AD] 

RIN 2120–AA64 

Airworthiness Directives; ScheibeFlugzeugbau GmbH Models BergfalkeIII, Bergfalke-II/55, SF 25C, and SF–26A 

Standard Gliders 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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) 

originated 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. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by October 15, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

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 


sroberts on DSKD5P82C1PROD with PROPOSALS
44778 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Proposed Rules 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: Greg 

Davison, Glider Program Manager, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0800; Directorate Identifier 

2009–CE–041–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No.: 2009– 

0132, dated June 23, 2009 (referred to 

after this as ‘‘the MCAI’’), 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. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Scheibe-Flugzeugbau GmbH has 

issued Service Bulletin No. 104–24/1; 

No. 232–6/1; and No. 653–91/1 (same 

document), dated June 25, 2009; and 

Scheibe-Flugzeugbau GmbH Work 

Instruction No. 104–24; No. 232–6; and 

No. 653–91 (same document), dated 

March 23, 2009. 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 has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This 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 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 

highlighted in a note within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 5 products of U.S. registry. 

We also estimate that it would take 

about 8 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $14 per product. 

Based on these figures, we estimate 

the cost of the proposed AD on 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 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 this 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 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Proposed Rules 44779 

Scheibe-Flugzeugbau GmbH: Docket No. 

FAA–2009–0800; Directorate Identifier 

2009–CE–041–AD. 

Comments Due Date 

(a) We must receive comments by October 

15, 2009. 

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 the effective date of this AD 

or within the next 12 months after the 

effective date of this AD, whichever occurs 

first, inspect the drive arm of the mechanical 

elevator trim tab for separation of the drive 

arm following Scheibe Flugzeugbau 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-Flugzeugbau 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 ScheibeFlugzeugbau GmbH Service Bulletin No. 

104–24/1; No. 232–6/1; and No. 653–91/1 

(same document), dated June 25, 2009; and 

Scheibe-Flugzeugbau GmbH Work 

Instruction No. 104–24; No. 232–6; and No. 

653–91 (same document), dated March 23, 

2009. 

FAA AD Differences 

Note: 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, Glider Program Manager, 

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-Flugzeugbau 

GmbH Service Bulletin No. 104–24/1; No. 

232–6/1; and No. 653–91/1 (same document), 

dated June 25, 2009; and ScheibeFlugzeugbau GmbH Work Instruction No. 

104–24; No. 232–6; and No. 653–91 (same 

document), dated March 23, 2009, for related 

information. 

Issued in Kansas City, Missouri, on August 

25, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–20968 Filed 8–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 91, and 141 

[Docket No. FAA–2008–0938; Notice No. 09– 

08] 

RIN 2120–AJ18 

Pilot in Command Proficiency Check 

and Other Changes to the Pilot and 

Pilot School Certification Rules 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA is proposing several 

changes to our pilot, flight instructor, 

and pilot school certification rules. The 

proposals include requiring pilot-incommand (PIC) proficiency checks for 

pilots who act as PIC of single piloted, 

turbojet-powered airplanes; allowing 

pilot applicants to apply for a private 

pilot certificate and an instrument rating 

concurrently; and making allowance in 

the rule to provide for the issuance of 

standard U.S. pilot certificates on the 

basis of an international licensing 

agreement between the FAA and a 

foreign civil aviation authority. The 

FAA has recently entered into such an 

agreement with the civil aviation 

authority of Canada. The FAA is also 

proposing to allow pilot schools to use 

Internet-based training programs 

without requiring schools to have a 

physical ground training facility. The 

FAA is proposing to allow pilot schools 

and provisional pilot schools to apply 

for a combined private pilot certification 

and instrument rating course. The FAA 

is also proposing to revise the definition 

of ‘‘complex airplane.’’ Because of 

changing technology in aviation, the 

results of successful research, and an 

international agreement, the FAA has 

determined these proposed changes to 

the pilot, flight instructor, and pilot 

school certification rules are necessary 

to ensure pilots are adequately trained 

and qualified to operate safely in the 

National Airspace System. The FAA has 

determined these proposals are needed 

to respond to changes in the aviation 

industry and to further reduce 

unnecessary regulatory burdens. 

DATES: Send your comments to reach us 

on or before November 30, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2008–0938 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 


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