Notices. Notice of proposed rulemaking (NPRM)

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BILLING CODE 3510-22-S 71 94 Tuesday, May 16, 2006 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24255; Directorate Identifier 2006-CE-25-AD] RIN 2120-AA64 Airworthiness Directives; DG Flugzeugbau GmbH Model DG-1000S Sailplanes 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 all DG Flugzeugbau GmbH Model DG-1000S sailplanes. This proposed AD would require you to modify the elevator control at the stabilizer assembly, replace a placard on the fin, and incorporate changes in the FAA-approved sailplane flight manual. This proposed AD results from mandatory continuing airworthiness information

(MCAI)issued by the airworthiness authority for Germany. We are proposing this AD to prevent the rigging of the horizontal stabilizer without properly connecting the elevator, which, if not prevented, could lead to an inoperative elevator. DATES: We must receive comments on this proposed AD by June 12, 2006. ADDRESSES: Use one of the following addresses to comment on this proposed AD: • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • Fax:

(202)493-2251. • 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. For service information identified in this proposed AD, contact DG-Flugzeugbau, Postbox 41 20, D-76625 Bruchsal, Federal Republic of Germany; telephone: ++49 7257 890; facsimile: ++45 7257 8922; e-mail: *www.dg-flugzeugbau.de* . FOR FURTHER INFORMATION CONTACT: Gregory Davison, Glider Project Manager, ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; facsimile:

(816)329-4090. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments regarding this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number, “FAA-2006-24255; Directorate Identifier 2006-CE-25-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those 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 we receive concerning this proposed AD. Discussion The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for Germany, notified FAA that an unsafe condition may exist on all DG Flugzeugbau GmbH Model DG-1000S sailplanes. The LBA reports that a user succeeded in assembling the horizontal stabilizer without connecting the elevator. The design of this assembly should be such that this is not possible. DG Flugzeugbau has developed a modification to prevent such assembly. Such assembly, if not prevented, could result in an inoperative elevator. Relevant Service Information We have reviewed DG Flugzeugbau GmbH Technical Note No. 413/3, dated April 28, 2004. The service information describes procedures for: • Modifying the elevator control at the stabilizer assembly; • Replacing the placard on the fin; and • Incorporating changes in the FAA-approved sailplane flight manual (SFM). Foreign Airworthiness Authority Information The LBA classified this service bulletin as mandatory and issued German AD Number D-2004-300, dated June 15, 2004, to ensure the continued airworthiness of these sailplanes in Germany. These DG Flugzeugbau GmbH Model DG-1000S sailplanes are manufactured in Germany 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 LBA has kept us informed of the situation described above. FAA's Determination and Requirements of the Proposed AD We are proposing this AD because we have examined the LBA's findings, evaluated all information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design that are certificated for operation in the United States. This proposed AD would require you to modify the elevator control at the stabilizer assembly and incorporate changes in the FAA-approved sailplane flight manual. Costs of Compliance We estimate that this proposed AD would affect 8 sailplanes in the U.S. registry. We estimate the following costs to do the proposed modification and replacement of the placard on the fin: Labor cost Parts cost Total cost per sailplane Total cost on U.S. operators 2 workhours × $80 per hour = $160 $60 $220 8 × $220 = $1,760. We estimate the following costs to do the proposed incorporation of changes in the FAA-approved SFM: Labor cost Parts cost Total cost per sailplane Total cost on U.S. operators 1 workhour × $80 per hour = $80 1 N/A $80 8 × $80 = $640. 1 Not applicable. 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 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. For the reasons discussed above, I certify that the 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. Examining the AD Docket You may examine the AD docket that contains the proposed AD, the regulatory evaluation, any comments received, and other information on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located at the street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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 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: **DG Flugzeugbau GmbH:** Docket No. FAA-2006-24255; Directorate Identifier 2006-CE-25-AD. Comments Due Date

(a)We must receive comments on this proposed airworthiness directive

(AD)action by June 12, 2006. Affected ADs

(b)None. Applicability

(c)This AD affects all Model DG-1000S sailplanes, all serial numbers, that are certificated in any category. Unsafe Condition

(d)This AD results from mandatory continuing airworthiness information

(MCAI)issued by the airworthiness authority for Germany. We are issuing this AD to prevent the rigging of the horizontal stabilizer without properly connecting the elevator, which, if not prevented, could lead to an inoperative elevator. Compliance

(e)To address this problem, you must do the following: Actions Compliance Procedures

(1)Modify the elevator control at the stabilizer assembly as follows:

(i)Replace the rod-end 5St94 (or FAA-approved equivalent part) with a rod-end 5St94 modified to part number 10St97/1 (or an FAA-approved equivalent part);

(ii)Install deflector part number 10St97/2 (or an FAA-approved equivalent part); and

(iii)Replace the placard on the fin Within the next 25 hours time-in-service

(TIS)after the effective date of this AD Follow DG Flugzeugbau GmbH Technical Note No. 413/3, dated April 28, 2004.

(2)The parts that this AD requires to be replaced as well as those to be installed could have replacement parts approved under 14 CFR 21.303. Any such parts approved per this regulation and installed are subject to thee actions of this AD. In addition, nothing in this AD prevents the installation of such alternatively approved parts provided they meet current airworthiness standards including those actions cited in this AD. Not Applicable Not Applicable.

(3)Incorporate changes in the FAA-approved sailplane flight manual, as specified in paragraph 6a) of the Instructions section of DG Flugzeugbau GmbH Technical Note No. 413/3, dated April 28, 2004 Within the next 25 hours TIS after the effective date of this AD The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do the flight manual change requirement of this AD. Make an entry in the aircraft records showing compliance with this portion of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

(4)Do not install any rod end 5St94 (or FAA-approved equivalent part) unless it is modified to DG Flugzeugbau GmbH rod-end part 10St97/1 (or FAA-approved equivalent part). As of the effective date of this AD. Not Applicable. Alternative Methods of Compliance (AMOCS)

(f)The Manager, Standards Office, Small Airplane Directorate, FAA, ATTN: Gregory Davison, Glider Project Manager, ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; facsimile:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information

(g)German AD Number D-2004-300, dated June 15, 2004, also addresses the subject of this AD. To get copies of the service information referenced in this AD, contact DG-Flugzeugbau, Postbox 41 20, D-76625 Bruchsal, Federal Republic of Germany; telephone: ++49 7257 890; facsimile: ++45 7257 8922; e-mail: *www.dg-flugzeugbau.de.* 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.* The docket number is Docket No. FAA-2006-24255; Directorate Identifier 2006-CE-25-AD. Issued in Kansas City, Missouri, on May 9, 2006. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-7394 Filed 5-15-06; 8:45 am] BILLING CODE 4910-13-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2006-0272; FRL-8159-8] Revisions to the Arizona State Implementation Plan, Arizona Department of Environmental Quality, Pima County Department of Environmental Quality, and Pinal County Air Quality Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is approving revisions to the Arizona Department of Environmental Quality (ADEQ), Pima County Department of Environmental Quality (PCDEQ), and Pinal County Air Quality Control District (PCAQCD) portions of the Arizona State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from open burning. We are proposing to approve local rules that help regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Any comments on this proposal must arrive by June 15, 2006. ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-2006-0272, by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the online instructions. • E-mail: *steckel.andrew@epa.gov* . • Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105. *Instructions:* All comments will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *http://www.regulations.gov* or e-mail. *http://www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. *Docket:* The index to the docket for this action is available electronically at *http://www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location ( *e.g.* , copyrighted material), and some may not be publicly available in either location ( *e.g.* , CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Al Petersen, EPA Region IX,

(415)947-4118, *petersen.alfred@epa.gov* . SUPPLEMENTARY INFORMATION: This proposal addresses the following local rules: ADEQ Rule R18-2-602, ADEQ Rules R18-2-1501 through R18-2-1513, PCDEQ Rule 17.12.480, and PCAQCD Rules 3-8-700 and 3-8-710. In the Rules and Regulations section of this **Federal Register** , we are approving these local rules in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: March 22, 2006. Wayne Nastri, Regional Administrator, Region IX. [FR Doc. 06-4515 Filed 5-15-06; 8:45 am]

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