Rules and Regulations. Final rule; request for comments

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule; request for comments
Citation: FR Doc. 06-9694 · RIN 2120-AA64 · 14 CFR 39

Summary

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the possible failure of the attachment of the propeller blades. This AD requires actions that are intended to address the unsafe condition described in the MCAI.

Dates

This AD becomes effective January 3, 2007. We must receive comments on this AD by January 16, 2007.

Supplementary Information

Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and Federal Register requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2006-0294-E, dated September 25, 2006 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states that the aircraft manufacturer has identified a possible failure of the attachment of the propeller blades and that the propeller hub has to be checked and overhauled. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Schempp-Hirth Flugzeugbau GmbH has issued Technical Note No. 890-8/868-11, dated September 22, 2006. 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 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 issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This 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 have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because of a possible failure of the attachment of the propeller blades. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2006-26437; Directorate Identifier 2006-CE-73-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because 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 about this AD. 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 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. 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 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 AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends14 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: 2006-25-14 SCHEMPP-HIRTH FLUGZEUGBAU GMBH: Amendment 39-14855; Docket No. FAA-2006-26437; Directorate Identifier 2006-CE-73-AD. Effective Date (a) This airworthiness directive (AD) becomes effective January 3, 2007. Affected ADs (b) None. Applicability (c) This AD applies to Model Duo Discus T gliders, serial numbers 1 through 149, certificated in any category. Reason (d) The mandatory continuing airworthiness information (MCAI) states the aircraft manufacturer has identified a possible failure of the attachment of the propeller blades and that the propeller hub has to be checked and overhauled. Actions and Compliance (e) As of January 3, 2007 (the effective date of this AD), unless already done, do the following actions. (1) For propellers with less than 15 hours time-in-service (TIS) as of the effective date of this AD: (i) Prior to the first flight of each day, visually inspect the propeller hub in the area of the five propeller blade roots for cracks using a minimum 10x magnifier. If necessary, clean the hub before checking. (ii) Prior to further flight after any crack is found or upon accumulating 15 hours TIS, whichever occurs first, remove the propeller hub and return to the propeller manufacturer for inspection and overhaul. Send the propeller hub along with the propeller hours time-in-service (TIS) to Technoflug Leichtflugzeugbau GmbH, Dr. Kurt Steim Strasse 6, D-78713 Schramberg. (iii) You may remove the propeller hub and return as specified in paragraph (e)(1)(ii) of this AD at any time prior to accumulating 15 hours TIS on the propeller to terminate the inspection requirement of paragraph (e)(1)(i) of this AD. (2) For propellers with 15 or more hours TIS as of the effective date of this AD: Prior to further flight, remove the propeller hub and return to the propeller manufacturer for inspection and overhaul. Send the propeller hub along with the propeller hours time-in-service (TIS) to Technoflug Leichtflugzeugbau GmbH, Dr. Kurt Steim Strasse 6, D-78713 Schramberg. (3) For all sailplanes: With the propeller removed, the powered sailplane can temporarily be used in the sailplane configuration. If the engine battery (at the steel frame between the seats) is not removed, a new weight and balance report is not necessary. After the inspection and overhaul of the propeller hub is done, the propeller must be reinstalled. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: (1) The MCAI did not have a required action if cracks were found during the inspection. This AD requires the propeller hub to be overhauled by the manufacturer before further flight if cracks are found. (2) The MCAI allowed continued flight over the 15 hour propeller TIS limit (up to the annual inspection) if the propeller TIS was less than 15 hours as of the effective date of this AD. For propellers at or less than 15 hours TIS, the FAA is requiring the propeller hub to be overhauled by the manufacturer upon the accumulation of 15 hours TIS or prior to further flight if cracks are found, whichever occurs first. (3) The service information allows for the pilot to perform the inspection and the removal and reinstallation of the propeller. By FAA regulation (14 CFR part 43), the pilot is not allowed to do these actions and an appropriately-rated mechanic must perform these actions. (4) The MCAI incorporates the service information. We have modified the procedures in the service information as stated above and incorporated the procedures into this AD. This AD only references the service information. Other FAA AD Provisions (f) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, ATTN: Gregory Davison Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (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 (g) Refer to European Aviation Safety Agency (EASA) AD No.: 2006-0294-E, dated September 25, 2006, and Schempp-Hirth Flugzeugbau GmbH Technical Note No. 890-8/868-11, dated September 22, 2006, for related information. Material Incorporated by Reference (h) None. Issued in Kansas City, Missouri on December 7, 2006. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-21212 Filed 12-13-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26414; Directorate Identifier 2006-NE-42-AD; Amendment 39-14854; AD 2006-25-13] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce Corporation AE 2100D3 Turboprop Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Corporation (RRC) AE 2100D3 turboprop engines. This AD requires removing certain part number (P/N) compressor cone shaft assemblies at a new reduced cyclic life limit of 5,000 engine cycles. This AD results from low-cycle-fatigue testing and analysis of certain P/N compressor cone shaft assemblies, by RRC. We are issuing this AD to prevent uncontained failure of the compressor cone shaft assembly, leading to engine shutdown and damage to the airplane. DATES: This AD becomes effective December 29, 2006. We must receive any comments on this AD by February 12, 2007. ADDRESSES: Use one of the following addresses to comment on this AD: • DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Governmentwide 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. Contact Rolls-Royce Corporation, P.O. Box 420, Indianapolis, IN 46206-0420; telephone (317) 230-6400; fax (317) 230-4243 for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Michael Downs, Aerospace Engineer, Chicago Aircraft Certification Office, FAA, 2300 East Devon Avenue, Des Plaines, IL 60018-4696; telephone (847) 294-7870; fax (847) 294-7834. SUPPLEMENTARY INFORMATION: RRC conducted low-cycle-fatigue testing, and strength and life analysis, of compressor cone shaft assemblies, P/Ns 23050728, 23070729, and 23076017. The study concluded that these compressor cone shaft assemblies have a lower fatigue life than originally calculated. This condition, if not corrected, could result in uncontained failure of the compressor cone shaft assembly, leading to engine shutdown and damage to the airplane. FAA's Determination and Requirements of This AD Although no airplanes that are registered in the United States use these RRC AE 2100D3 turboprop engines, the possibility exists that the engines could be used on airplanes that are registered in the United States in the future. The unsafe condition described previously is likely to exist or develop on other AE 2100D3 turboprop engines of the same type design. We are issuing this AD to prevent uncontained failure of the compressor cone shaft assembly, leading to engine shutdown and damage to the airplane. This AD requires removing compressor cone shaft assemblies, P/Ns 23050728, 23070729, and 23076017, at a new reduced cyclic life limit of 5,000 engine cycles. The original cyclic life limit was 20,000 engine cycles. RRC will revise Chapter 5 of the maintenance manual to show the new reduced cyclic life limit of 5,000 engine cycles. FAA's Determination of the Effective Date Since there are currently no domestic operators of this engine model, notice and opportunity for public comment before issuing this AD are unnecessary. A situation exists that allows the immediate adoption of this regulation. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “AD Docket No. FAA-2006-26414; Directorate Identifier 2006-NE-42-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. 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 AD. Using the search function of the DMS Web site, anyone can find and read the comments in 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.). 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. Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone (800) 647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the DMS receives them. 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 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. For the reasons discussed above, I certify that the 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment 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 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 airworthiness directive: 2006-25-13 Rolls-Royce Corporation (formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison): Amendment 39-14854. Docket No. FAA-2006-26414; Directorate Identifier 2006-NE-42-AD. Effective Date (a) This airworthiness directive (AD) becomes effective December 29, 2006. Affected ADs (b) None. Applicability (c) This AD applies to Rolls-Royce Corporation (RRC) AE 2100D3 turboprop engines with a compressor cone shaft assembly, part number 23050728, 23070729, or 23076017, installed. These engines are installed on, but not limited to, Lockheed Martin C-130J military transport airplanes. Unsafe Condition (d) This AD results from low-cycle-fatigue testing and analysis of the affected compressor cone shaft assemblies, by RRC. We are issuing this AD to prevent uncontained failure of the compressor cone shaft assembly, leading to engine shutdown and damage to the airplane. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Removal of Compressor Cone Shaft Assemblies (f) After the effective date of this AD, remove compressor cone shaft assemblies from service at the new reduced life limit of 5,000 engine cycles. Alternative Methods of Compliance (g) The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information (h) Rolls-Royce Corporation Alert Service Bulletin No. AE 2100D3-A-72-249, dated March 14, 2006, pertains to the subject of this AD. Material Incorporated by Reference (i) None. Issued in Burlington, Massachusetts, on December 6, 2006. Diane Cook, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-21185 Filed 12-13-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket FAA 2006-25671; Airspace Docket 06-AWP-15] Establishment of Class D Airspace; Castle Airport, Atwater, CA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class D airspace at Castle Airport, Atwater, CA. A contract Airport Traffic Control Tower (ATCT) is being established at Castle Airport, Atwater, CA, which will meet criteria for Class D airspace. Class D airspace is required when the ATCT is open, and to contain and protect Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action would establish Class D airspace extending upward from the surface to 2,500 feet Mean Sea Level (MSL) within a 4.5 nautical mile radius of the airport. EFFECTIVE DATE: 0901 UTC, January 18, 2007. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Larry Tonish, System Support Specialists, Federal Aviation Administration, Western Service Area, 15000 Aviation Boulevard, Lawndale, CA 90261; telephone (310) 725-6539. SUPPLEMENTARY INFORMATION: History On November 13, 2006, the FAA proposed to amend Title 14 Code of Federal Regulations part 71 (CFR part 71) to establish Class D airspace at Castle Airport, Atwater, CA, (71FR 66144). An ATCT is being contracted at Castle Airport, and Class D airspace is required during the hours the ATCT is open. Class D controlled airspace is necessary for the safety of aircraft executing SIAPs and other IFR operations at Castle Airport. Class D airspace will be effective during specified dates and times established in advance by a Notice to Airmen. The effective date and time will, thereafter, be published in the Airport/Facility Directory. Interested parties were invited to participate in this rule making proceeding by submitting written comments on the proposal to the FAA. No comments were received. Class D airspace designations for airspace areas extending upward from the surface of the earth are published in Paragraph 5000 of FAA Order 7400.9P, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class D airspace designations listed in this document would be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 establishes Class D airspace at Castle Airport, Atwater, CA. An Airport Traffic Tower (ATCT) is being established at Castle Airport, Atwater, CA, which will meet criteria for Class D airspace. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 5000; Class D Airspace area extending upward from the surface of the earth. AWP CA D Castle Airport, Atwater, CA [NEW] Castle Airport, Atwater, CA (Lat. 37°22′50″ N, long. 120°34′05″ W) That airspace extending upward from the surface to 2,500 feet MSL beginning at lat. 37°18′34″ N., long. 120°35′54″ W. and extending clockwise around the 4.5 nautical mile radius of the Castle Airport to lat. 37°21′06″ N., long. 120°28′53″, thence to the point of beginning. This Class D airspace is effective during the specific days and times established in advance by a Notice to Airmen. The effective days and times will thereafter be continuously published in the Airport/Facility Directory. Issued in Los Angeles, California on December 11, 2006. Leonard Mobley, Acting Area Director, Western Terminal Operations, Western Terminal Area Office. [FR Doc. 06-9694 Filed 12-13-06; 8:45 am]