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68997

Rules and Regulations Federal Register


Vol. 71, No. 229

Wednesday, November 29, 2006

This section of the FEDERAL REGISTER Directorate, 901 Locust, Room 301, proposed AD). The commenter would
contains regulatory documents having general Kansas City, Missouri 64106; telephone: like the FAA to incorporate by reference
applicability and legal effect, most of which (816) 329–4130; fax: (816) 329–4090. (IBR) the Stemme service bulletin.
are keyed to and codified in the Code of We agree with Mr. Buster. However,
SUPPLEMENTARY INFORMATION:
Federal Regulations, which is published under we do not IBR any document in a
50 titles pursuant to 44 U.S.C. 1510. Streamlined Issuance of AD proposed AD action; instead we IBR the
The Code of Federal Regulations is sold by The FAA is implementing a new document in the final rule. Since we are
the Superintendent of Documents. Prices of process for streamlining the issuance of issuing the proposal as a final rule AD
new books are listed in the first FEDERAL ADs related to MCAI. The streamlined action, Stemme F&D Design Org. Service
REGISTER issue of each week. process will allow us to adopt MCAI Bulletin A31–10–073, Am. Index 01.a,
safety requirements in a more efficient dated June 22, 2005, is incorporated by
manner and will reduce safety risks to reference.
DEPARTMENT OF TRANSPORTATION the public. This process continues to Mr. Buster requests IBR documents be
follow all FAA AD issuance processes to made available to the public by
Federal Aviation Administration meet legal, economic, Administrative publication in the Federal Register or in
Procedure Act, and Federal Register the Docket Management System (DMS).
14 CFR Part 39 requirements. We also continue to meet We are currently reviewing issues
[Docket No. FAA–2006–24956; Directorate our technical decision-making surrounding the posting of service
Identifier 2006–CE–32–AD; Amendment 39– responsibilities to identify and correct bulletins in the Department of
14835; AD 2006–24–06] unsafe conditions on U.S.-certificated Transportation’s DMS as part of the AD
products. docket. Once we have thoroughly
RIN 2120–AA64 This AD references the MCAI and examined all aspects of this issue and
Airworthiness Directives; Stemme related service information that we have made a final determination, we
GmbH & Co. AG Model STEMME S10– considered in forming the engineering will consider whether our current
VT Sailplanes basis to correct the unsafe condition. practice needs to be revised.
The AD contains text copied from the
Conclusion
AGENCY: Federal Aviation MCAI and for this reason might not
Administration (FAA), Department of follow our plain language principles. We reviewed the available data,
Transportation (DOT). including the comments received, and
Discussion determined that air safety and the
ACTION: Final rule.
We issued a notice of proposed public interest require adopting the AD
SUMMARY: We are adopting a new rulemaking (NPRM) to amend 14 CFR as proposed.
airworthiness directive (AD) for the part 39 to include an AD that would
apply to the specified products. That Differences Between this AD and the
products listed above. This AD results MCAI or Service Information
from mandatory continuing NPRM was published in the Federal
airworthiness information (MCAI) Register on August 9, 2006 (71 FR We have reviewed the MCAI and
issued by an aviation authority of 45471). That NPRM proposed to require related service information and, in
another country to identify and correct that you inspect and replace the general, agree with their substance. But
an unsafe condition on an aviation pressure lines. The MCAI states that we might have found it necessary to use
product. The MCAI describes the unsafe ripped pressure lines between Airbox- different words from those in the MCAI
condition as ripped pressure lines Carburetor-Differential fuel pressure to ensure the AD is clear for U.S.
between Airbox-Carburetor-Differential sensor were found during a requested operators and is enforceable in a U.S.
fuel pressure sensor. We are issuing this maintenance event after engine trouble court of law. In making these changes,
AD to require actions that are intended in the range between maximum we do not intend to differ substantively
to address the unsafe condition continuous power and take off power. from the information provided in the
described in the MCAI. The cracks can be a result of non- MCAI and related service information.
complete temperature resistance. We might also have required different
DATES: This AD becomes effective
actions in this AD from those in the
January 3, 2007. Comments MCAI in order to follow FAA policies.
The Director of the Federal Register We gave the public the opportunity to Any such differences are described in a
approved the incorporation by reference participate in developing this AD. We separate paragraph of the AD. These
of certain publications listed in this AD have considered the comments received. requirements, if any, take precedence
as of January 3, 2007. Jack Buster with the Modification and over the actions copied from the MCAI.
ADDRESSES: You may examine the AD Replacement Parts Association provides
docket on the Internet at http:// comments on the MCAI AD process Costs of Compliance
dms.dot.gov or in person at the Docket pertaining to how the FAA addresses We estimate that this AD will affect
Management Facility, U.S. Department publishing manufacturer service 43 products of U.S. registry. We also
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of Transportation, 400 Seventh Street, information as part of a proposed AD estimate that it will take about 4 work-
SW., Nassif Building, Room PL–401, action. The commenter states that the hours per product to comply with this
Washington, DC. proposed rule attempt to require AD. The average labor rate is $80 per
FOR FURTHER INFORMATION CONTACT: compliance with a public law by work-hour. Required parts will cost
Gregory A. Davison, Aerospace reference to a private writing (as about $10 per product. Where the
Engineer, ACE–112, Small Airplane referenced in paragraph (e) of the service information lists required parts

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68998 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations

costs that are covered under warranty, comments received, and other cracks or porosity are found, before further
we have assumed that there will be no information. The street address for the flight, replace all pressure lines with ROTAX
charge for these parts. As we do not Docket Office (telephone (800) 647– part number (P/N) 860 660 or Stemme P/N
HZ–KLS041 (or FAA-approved equivalent P/
control warranty coverage for affected 5227) is in the ADDRESSES section. Ns) pressure lines following STEMME F&D
parties, some parties may incur costs Comments will be available in the AD Design Org. Service Bulletin A31–10–73, Am.
higher than estimated here. Based on docket shortly after receipt. Index 01.a, dated June 22, 2005.
these figures, we estimate the cost of Within 60 days after the effective date of
List of Subjects in 14 CFR Part 39
this AD to the U.S. operators to be this AD, unless already done, replace all
$14,190 or $330 per product. Air transportation, Aircraft, Aviation installed 0.15 x 0.27 inch (4 x 7 mm) pressure
safety, Incorporation by reference, lines with ROTAX P/N 860 660 or Stemme
Authority for This Rulemaking Safety. P/N HZ–KLS041 (or FAA-approved
Title 49 of the United States Code equivalent P/Ns) pressure lines following
Adoption of the Amendment STEMME F&D Design Org. Service Bulletin
specifies the FAA’s authority to issue A31–10–073, Am. Index 01.a, dated June 22,
rules on aviation safety. Subtitle I, ■ Accordingly, under the authority 2005.
section 106, describes the authority of delegated to me by the Administrator,
the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as FAA AD Differences
Aviation Programs,’’ describes in more follows: Note: This AD differs from the MCAI and/
detail the scope of the Agency’s or service information as follows: No
authority. PART 39—AIRWORTHINESS differences.
We are issuing this rulemaking under DIRECTIVES
Other FAA AD Provisions
the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39
Part A, Subpart III, Section 44701: (f) The following provisions also apply to
continues to read as follow: this AD:
General requirements.’’ Under that (1) Alternative Methods of Compliance
section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701.
(AMOCs): The Manager, Standards Staff,
promoting safe flight of civil aircraft in § 39.13 [Amended] FAA, ATTN: Gregory A. Davison, Aerospace
air commerce by prescribing regulations Safety Engineer, FAA, Small Airplane
■ 2. The FAA amends § 39.13 by adding Directorate, 901 Locuse, Room 301, Kansas
for practices, methods, and procedures
the following new AD: City, Missouri 64106; telephone: (816) 329–
the Administrator finds necessary for
safety in air commerce. This regulation 2006–24–06 STEMME GMBH & CO. AG: 4130; fax: (816) 329–4090, has the authority
Amendment 39–14835; Docket No. to approve AMOCs for this AD, if requested
in within the scope of that authority using the procedures found in 14 CFR 39.19.
because it addresses an unsafe condition FAA–2006–24956; Directorate Identifier
2006–CD–32–AD. (2) Return to Airworthiness: When
that is likely to exist or develop on complying with this AD, do the FAA-
products identified in this rulemaking Effective Date approved corrective actions before returning
action. (a) This airworthiness directive (AD) the product to an airworthy condition.
becomes effective January 3, 2007. (3) Reporting Requirements: For any
Regulatory Findings reporting requirement in this AD, under the
Affected ADs provisions of the Paperwork Reduction Act,
We determined that this AD will not
have federalism implications under (b) None. the Office of Management and Budget (OMB)
has approved the information collection
Executive Order 13132. This AD will Applicability requirements and has assigned OMB Control
not have a substantial direct effect on (c) This AD applies to STEMME Model Number 2120–0056.
the States, on the relationship between S10–VT sailplanes; certificated in any U.S.
the national government and the States, category: Related Information
or on the distribution of power and (1) Serial numbers (S/Ns) 11–89 through (h) This AD is related to MCAI Luftfahrt-
responsibilities among the various 11–096; and Bundesamt AD D–2005–228, dated June 24,
levels of government. (2) All S/Ns where pressure lines were 2005, which references STEMME F & D
replaced between July 27, 2004, and June 22, Design Org. Service Bulletin A31–10–073,
For the reasons discussed above, I
2005, inclusive, and the parts were provided Am.-Index 01.a, dated June 22, 2005.
certify this AD:
by Stemme Gmbh & Co. AG (Stemme).
(1) Is not a ‘‘significant regulatory Material Incorporated by Reference
action’’ under Executive Order 12866; Reason (i) You must use STEMME F&D Design
(2) Is not a ‘‘significant rule’’ under (d) The mandatory continuing Org. Service Bulletin A31–10–073, Am.-
DOT Regulatory Policies and Procedures airworthiness information (MCAI) states that Index 01.a, dated June 22, 2005, to do the
(44 FR 11034, February 26, 1979); and ripped pressure lines betweeen Airbox- actions required by this AD, unless the AD
(3) Will not have a significant Carburator-Differential fuel pressure sensor specifies otherwise.
economic impact, positive or negative, were found during a requested maintenance (1) The Director of the Federal Register
event after engine trouble in the range approved the incorporation by reference of
on a substantial number of small entities
between maximum continuous power and this service information under 5 U.S.C.
under the criteria of the Regulatory take off power. The cracks can be a result of 552(a) and 1 CFR part 51.
Flexibility Act. non complete temperature resistance. This (2) For service information identified in
We prepared a regulatory evaluation type of pressure line was installed since July this AD, contact Stemme GmbH & Co. AG,
of the estimated costs to comply with 27, 2004. It was used for serial production Flugplatzstrabe F 2, Nr. 7, D–15344
this AD and placed it in the AD Docket. and spare parts. Strausberg, Germany; telephone + 49 33 41
36 12 0; facsimile: + 49 33 41 36 12 30.
Examining the AD Docket Actions and Compliance (3) You may review copies at the FAA,
You may examine the AD docket on (e) Unless already done, do the following Central Region, Office of the Regional
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the Internet at http://dms.dot.gov; or in actions. Counsel, 901 Locust, Room 506, Kansas City,
(1) Within 30 days after the effective date Missouri 64106; or at the National Archives
person at the Docket Management of this AD, inspect all 0.15 – 0.27 inch (4 x and Records Administration (NARA). For
Facility between 9 a.m. and 5 p.m., 7mm) pressure lines for porousness or cracks information on the availability of this
Monday through Friday, except Federal in particular areas of T-splits parts, clamps, material at NARA, call 202–741–6030, or go
holidays. The AD docket contains the or connections. The free areas between the to: http://www.archives.gov/federal-register/
NPRM, the regulatory evaluation, any white plastic covers must also be checked. If cfr/ibr-locations.html.

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Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations 68999

Issued in Kansas City, Missouri, on fastener holes on both of the wing main PHC series propellers; and McCauley
November 20, 2006. spar lower caps for fatigue cracking; Propeller Systems controllable
David R. Showers, repair or replace any wing main spar propellers serviced by Oxford Aviation
Acting Manager, Small Airplane Directorate, lower cap where fatigue cracking is Services Limited, doing business as CSE
Aircraft Certification Service. found; and report any fatigue cracking Aviation, in the United Kingdom
[FR Doc. 06–9428 Filed 11–28–06; 8:45am] found. between September 1998 and October
BILLING CODE 4910–13–M The AD number in the AD is 2003. This AD requires inspecting the
incorrectly referenced as ‘‘2006–23–01’’ propeller blades and other critical
instead of ‘‘2006–23–09’’ in two places. propeller parts for wear and mechanical
DEPARTMENT OF TRANSPORTATION damage. This AD results from findings
Need for the Correction
that CSE Aviation failed to perform
Federal Aviation Administration This correction is needed to assure some specific inspections and repairs.
that the airplane records and We are issuing this AD to detect unsafe
14 CFR Part 39 documentation shows that the conditions that could result in a
[Docket No. FAA–2004–20007; Directorate
applicable AD is complied with. propeller blade separating from the hub
Identifier 2004–CE–50–AD; Amendment 39– Correction of Publication and loss of control of the airplane.
14798; AD 2006–23–09] DATES: This AD becomes effective
Accordingly, the publication of
RIN 2120–AA64 November 9, 2006 (71 FR 65719), of Janauary 3, 2007.
Amendment 39–14798; AD 2006–23–09, ADDRESSES: You may examine the AD
Airworthiness Directives; Air Tractor, which was the subject of FR Doc. 06– docket on the Internet at http://
Inc. Model AT–602 Airplanes 18688, is corrected as follows: dms.dot.gov or in Room PL–401 on the
AGENCY: Federal Aviation plaza level of the Nassif Building, 400
Section 39.13 [Corrected]
Administration (FAA), DOT. Seventh Street, SW., Washington, DC.
On page 65719, in the first column
ACTION: Final rule; correction. FOR FURTHER INFORMATION CONTACT:
and sixth line of the document, replace
Timothy Smyth, Aerospace Engineer,
SUMMARY: This document makes a ‘‘2006–23–01’’ with ‘‘2006–23–09.’’
Chicago Aircraft Certification Office,
correction to Airworthiness Directive On page 65721, in the first column
FAA, Small Airplane Directorate, 2300
(AD) 2006–23–09, which published in and fourth line, replace ‘‘2006–23–01’’
East Devon Avenue, Des Plaines, IL
the Federal Register on November 9, with ‘‘2006–23–09.’’
Action is taken herein to correct this 60018–4696; telephone (847) 294–7132;
2006 (71 FR 65719), and applies to all fax (847) 294–7834.
Air Tractor, Inc. Model AT–602 reference in AD 2006–23–09 and to add
this AD correction to section 39.13 of SUPPLEMENTARY INFORMATION: The FAA
airplanes. AD 2006–23–09 requires you
to repetitively inspect (using the eddy the Federal Aviation Regulations (14 proposed to amend 14 CFR part 39 with
current method) the wing center splice CFR 39.13). a proposed AD. The proposed AD
joint two outboard fastener holes on The effective date remains December applies to certain Hartzell Propeller Inc.
both of the wing main spar lower caps 14, 2006. HC, BHC, and PHC series propellers;
for fatigue cracking; repair or replace Issued in Kansas City, Missouri, on and McCauley Propeller Systems
any wing main spar lower cap where November 20, 2006. controllable propellers serviced by
fatigue cracking is found; and report any David R. Showers, Oxford Aviation Services Limited, doing
fatigue cracking found. This AD results Acting Manager, Small Airplane Directorate,
business as CSE Aviation, in the United
from fatigue cracking at the wing center Aircraft Certification Service. Kingdom between September 1998 and
splice joint outboard fastener hole in [FR Doc. E6–20123 Filed 11–28–06; 8:45 am]
October 2003. We published the
one of the wing main spar lower caps. proposed AD in the Federal Register on
BILLING CODE 4910–13–P
The AD number in the AD is incorrectly June 15, 2005 (70 FR 34714). That action
referenced as ‘‘2006–23–01’’ instead of proposed to require inspecting the
‘‘2006–23–09’’ in two places. This DEPARTMENT OF TRANSPORTATION propeller blades and other critical
document corrects these references. propeller parts for wear and mechanical
Federal Aviation Administration damage.
DATES: The effective date of this AD
(2006–23–09) remains December 14, Examining the AD Docket
2006. 14 CFR Part 39
You may examine the docket that
FOR FURTHER INFORMATION CONTACT: [Docket No. FAA–2005–20141; Directorate contains the AD, any comments
Identifier 2005–NE–01–AD; Amendment 39–
Andrew McAnaul, Aerospace Engineer, received, and any final disposition in
14836; AD 2006–24–07]
ASW–150 (c/o MIDO–43), 10100 person at the Docket Management
Reunion Place, Suite 650, San Antonio, RIN 2120–AA64 Facility Docket Offices between 9 a.m.
Texas 78216; telephone: (210) 308– and 5 p.m., Monday through Friday,
3365; fax: (210) 308–3370. Airworthiness Directives; Hartzell except Federal holidays. The Docket
Propeller Inc. Propellers and McCauley Office (telephone (800) 647–5227) is
SUPPLEMENTARY INFORMATION:
Propeller Systems Controllable located on the plaza level of the
Discussion Propellers Department of Transportation Nassif
On October 26, 2006, the FAA issued AGENCY: Federal Aviation Building at the street address stated in
AD 2006–23–09, Amendment 39–14798 Administration (FAA), Department of ADDRESSES. Comments will be available
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(71 FR 65719, November 9, 2006), Transportation (DOT). in the AD docket shortly after the DMS
which applies to Air Tractor, Inc. Model ACTION: Final rule. receives them.
AT–602 airplanes. AD 2006–23–09
Comments
requires you to repetitively inspect SUMMARY: The FAA is adopting a new
(using the eddy current method) the airworthiness directive (AD) for certain We provided the public the
wing center splice joint two outboard Hartzell Propeller Inc. HC, BHC, and opportunity to participate in the

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