[Federal Register: November 27, 2009 (Volume 74, Number 227)]
[Rules and Regulations]
[Page 62224-62226]
[DOCID:fr27no09-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0800 Directorate Identifier 2009-CE-041-AD;
Amendment 39-16088; AD 2009-24-02]
RIN 2120-AA64

Airworthiness Directives; Scheibe-Flugzeugbau GmbH Models
Bergfalke-III, Bergfalke-II/55, SF 25C, and SF-26A Standard Gliders

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final Rule.

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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 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.

    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective January 4, 2010.
    On January 4, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,

Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 31, 2009 (74
FR 44777). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

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 also have required 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 AD.

Costs of Compliance

    We estimate that this AD will affect 5 products of U.S. registry.
We also estimate that it will take about 8 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will cost about $14 per product.
    Based on these figures, we estimate the cost of this AD to the 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 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 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.

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 Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is 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, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-24-02 Scheibe-Flugzeugbau GmbH: Amendment 39-16088; Docket No.
FAA-2009-0800; Directorate Identifier 2009-CE-041-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
4, 2010.

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 January
4, 2010 (the effective date of this AD) or within the next 12 months
after January 4, 2010 (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 Aircraft 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 Aircraft 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 Scheibe Aircraft GmbH
Service Bulletin No. 104-24/1; No. 232-6/1; and No. 653-91/1 (same
document), dated June 25, 2009; and Scheibe Aircraft GmbH Work
Instruction No. 104-24; No. 232-6; and No. 653-91 (same document),
dated March 23, 2009.

    Note 1: The service information references four documents: 104-
24 (104-24/1), 232-6 (232-6/1), 653-91 (653-91/1), and 770-30 (770-
30/1). This AD does not reference 770-30 (770-30/1) because the
Model SF28A Tandem Falke is not type certificated in the United
States. 14 CFR part 39 only allows the FAA to issue ADs against type
certificated products.

FAA AD Differences

    Note 2: 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, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. 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 Aircraft GmbH Service
Bulletin No. 104-24/1; No. 232-6/1; and No. 653-91/1 (same
document), dated June 25, 2009; and Scheibe Aircraft GmbH Work
Instruction No. 104-24; No. 232-6; and No. 653-91 (same document),
dated March 23, 2009, for related information.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 1 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
SCHEIBE AIRCRAFT GMBH/Customer Service, Am Flugplatz 5, 73540
Heubach, Federal Republic of Germany; telephone: + 49 (0) 7173-
184286; fax: + 49 (0) 7173-185587; E-mail<EMAIL_ADDRESS>
Internet: http://www.scheibe-aircraft.de/.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

                                   Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
         Service information                    Pages                   Revision                   Date
----------------------------------------------------------------------------------------------------------------
Scheibe Aircraft GmbH Service          1 and 2................  Not Applicable.........  June 25, 2009.
 Bulletin No. 104-24/1; No. 232-6/1;
 and No. 653-91/1 (same document).
Scheibe Aircraft GmbH Work             1 and 2................  Not Applicable.........  March 23, 2009.
 Instruction No. 104-24; No. 232-6;
 and No. 653-91 (same document).
----------------------------------------------------------------------------------------------------------------

    Issued in Kansas City, Missouri, on November 10, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-27777 Filed 11-25-09; 8:45 am]

BILLING CODE 4910-13-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. Environmental Protection Agency/ Office of Water/ Office of Science and Technology 2. OMB control number b. X None a__ __ __ __  __ __ __ __ _ 2040_ __ __ __

3. Type of information collection ( check one) a. x New collection b. G Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. x Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. x Three years from approval date b. G Other Specify: / /___

7. Title Information Collection Request for Baseline Standards and Best Management Practices for the Coal Mining Point Source Category ( 40 CFR part 434)  Coal Remining Subcategory and Western Alkaline Coal Mining Subcategory 8. Agency form number: EPA ICR No. 1944.02 9. Keywords abandoned mine drainage, coal mining; coal remining, sediment control, water pollution, best management practices 10. Abstract This Information Collection Request ( ICR) presents estimates of the burden and costs to the regulated community ( approximately 234 coal remining sites and 46 western alkaline surface coal mining sites) and NPDES permit control authorities for data collection and record keeping associated with modeling, BMP implementation, baseline monitoring, and performance monitoring requirements of the Coal Mining Point Source  Coal Remining Subcategory and Western Alkaline Coal Mining Subcategory Effluent Limitations Guidelines ( 40 CFR part 434.70 and Part 434.80). This is a new ICR. EPA is amending the current regulations for the Coal Mining Point Source Category ( 40 CFR Part 434) by adding two new subcategories to the existing regulation; the Coal Remining Subcategory and the Western Alkaline Coal Mining Subcategory. This regulation is projected to result in an annual cost savings of approximately $ 13 million due to implementation of alternative standards utilizing BMPs.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. X Federal Government c. Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. X Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 280 b. Total annual responses 93 1. Percentage of these responses collected electronically Unknown % c. Total hours requested 3,024 hrs/ yr d. Current OMB inventory 0 e. Difference 3, 024 f. Explanation of difference 1. Program Change 3,024 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 87 _____ b. Total annual costs ( O& M) 102 _____ c. Total annualized cost requested 189 _____ d. Current OMB inventory 0 __ e. Difference 189 ______ f. Explanation of difference 1. Program change ____ 189 2. Adjustment 0 ____

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. x Recordkeeping b. Q Third party disclosure c. x Reporting 1. Q On occasion 2. Q Weekly 3. x Monthly 4. Q Quarterly 5. Q Semi annually 6. x Annually 7. Q Biannually 8. x Other ( describe) One time submission with permit application 17. Statistical methods Does this information collection employ statistical methods? X Yes Q No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: John Tinger, U. S. EPA/ Office of Water Phone: 202 260 4992 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Geoffrey H. Grubbs, Director Office of Science and Technology Office of Water Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95