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68108 Federal Register / Vol. 72, No.

232 / Tuesday, December 4, 2007 / Proposed Rules

DEPARTMENT OF TRANSPORTATION • Mail: U.S. Department of this AD. The following presents the
Transportation, Docket Operations, M– comments received on the proposal and
Federal Aviation Administration 30, West Building Ground Floor, Room FAA’s response to each comment:
W12–140, 1200 New Jersey Avenue, SE.,
14 CFR Part 39 Comment Issue No. 1: Language in the
Washington, DC 20590.
• Hand Delivery: U.S. Department of Summary of the NPRM Implies That
[Docket No. FAA–2007–28246; Directorate the Control Jamming Event Only Occurs
Identifier 2007–CE–048–AD] Transportation, Docket Operations, M–
30, West Building Ground Floor, Room on the Ground
RIN 2120–AA64 W12–140, 1200 New Jersey Avenue, SE., Mr. Gene Hudson and Ms. Bridgette
Washington, DC 20590, between 9 a.m. Doremire state that language in the
Airworthiness Directives; Cirrus and 5 p.m., Monday through Friday, Summary of the NPRM improperly
Design Corporation Models SR20 and except Federal holidays. implies that the control jamming event
SR22 Airplanes For service information identified in only occurs on the ground. They
AGENCY: Federal Aviation this proposed AD, contact Cirrus Design contend that such language might
Administration (FAA), DOT. Corporation, 4515 Taylor Circle, Duluth, encourage owners and operators to
Minnesota 55811; telephone: (218) 727– underestimate the risk. Hudson
ACTION: Supplemental notice of
2737; Internet address: http:// recommends deleting the language from
proposed rulemaking (NPRM);
www.cirrusdesign.com. the Summary.
Reopening of the comment period.
FOR FURTHER INFORMATION CONTACT: We agree that the language of the
SUMMARY: We are revising an earlier Wess Rouse, Aerospace Engineer, 2300 Summary could imply that the control
proposed airworthiness directive (AD) East Devon Avenue, Room 107, Des jamming event only occurs on the
that applies to certain Cirrus Design Plaines, Illinois 60018; telephone: (847) ground. To eliminate this implication,
Corporation (CDC) Models SR20 and 294–8113; fax: (847) 294–7834. we will delete the language in the
SR22 airplanes. The earlier NPRM SUPPLEMENTARY INFORMATION: Summary that implies that the control
would have required you to inspect and, jamming event only occurs on the
as necessary, adjust the aileron and Comments Invited ground.
rudder rigging and would have required We invite you to send any written Comment Issue No. 2: Remove Text
you to modify, inspect, and, as relevant data, views, or arguments From the Service Information That
necessary, adjust the rudder-aileron regarding this proposed AD. Send your States the Control Jamming Event Has
interconnect system. The earlier NPRM comments to an address listed under the Not Been Seen on Aircraft With Flight
resulted from a jamming of the aileron ADDRESSES section. Include the docket Control Systems Rigged to
and rudder controls on a Model SR20 number, ‘‘FAA–2007–28246; Directorate Specifications
airplane, which resulted in loss of Identifier 2007–CE–048–AD’’ at the
rudder and aileron flight controls. Since beginning of your comments. We Hudson and Doremire state the
issuance of the NPRM, CDC revised the specifically invite comments on the service information text is misleading
service information as a result of overall regulatory, economic, and implies that the jamming of the
comments received on the NPRM, and environmental, and energy aspects of flight controls will only occur if the
the FAA has determined the changes to the proposed AD. We will consider all flight controls have been improperly
the service information are necessary to comments received by the closing date rigged after leaving the factory. They
address the unsafe condition. The and may amend the proposed AD in claim that evidence exists of airplanes
changes in the revised service light of those comments. being improperly rigged at the factory or
information include the addition of We will post all comments we of flight controls jamming in the field
airplanes to the Applicability; a receive, without change, to http:// after aircraft are rigged at the factory.
requirement to check rudder, aileron, www.regulations.gov, including any Hudson recommends deleting the text
and rudder-aileron interconnect rigging; personal information you provide. We from the service information or not
a requirement to replace the attaching will also post a report summarizing each referencing the service information in
hardware and clamp at the end of the substantive verbal contact we receive the proposed AD if the service
rudder-aileron interconnect arm; and an concerning this proposed AD. information includes the misleading
increase in work-hours to do the text.
Discussion We do not agree with the commenters.
proposed actions. This proposed AD
On June 14, 2007, we issued a Although it is not known how the
would require you to use the revised
proposal to amend part 39 of the Federal controls became improperly rigged, this
service information and would require
Aviation Regulations (14 CFR part 39) to is the reason the jamming occurred. The
you to report any out-of-rig condition
include an AD that would apply to aileron and rudder controls have not
found. Since these actions impose an
certain CDC Models SR20 and SR22 jammed on a properly rigged airplane.
additional burden over that proposed in
airplanes. This proposal was published The CDC has changed the rigging
the NPRM, we are reopening the
in the Federal Register as a notice of procedure to give more detailed
comment period to allow the public the
proposed rulemaking (NPRM) on June instructions regarding the rigging
chance to comment on these additional
21, 2007 (72 FR 34198). The NPRM procedure.
actions.
proposed to require you to inspect and, We are not changing the proposed AD
DATES: We must receive comments on as necessary, adjust the aileron and as a result of this comment.
this proposed AD by January 3, 2008. rudder rigging and would require you to
Comment Issue No. 3: Include Text in
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ADDRESSES: Use one of the following modify, inspect, and, as necessary,


addresses to comment on this proposed the Proposed AD That the Jamming
adjust the rudder-aileron interconnect
AD: Condition Can Occur at Positions Other
system.
• Federal eRulemaking Portal: Go to Than Full Cross Control
http://www.regulations.gov. Follow the Comments Hudson and Doremire contend that
instructions for submitting comments. We provided the public the the jamming condition can occur at
• Fax: (202) 493–2251. opportunity to participate in developing positions other than full cross control.

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Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Proposed Rules 68109

The commenters claim that they have Comment Issue No. 6: Inspect for Comment Issue No. 8: Special Flight
inspected several airplanes and have Clamp and Bungee Clamp Interference Permit Limitations
noted interference conditions during With Adjacent Control Cables; Hudson recommends removal of the
cross-control deflections at less than Implement a Solution to the Control interconnect bungee as a condition for
half-travel. We infer that the System Interference the issuance of a special flight permit.
commenters want language in the Hudson and Doremire state that there We conclude that the commenter
proposed AD to reflect that the jamming is a significant risk for flight control recommends the requirement of a
condition can occur at positions other cable fraying with repeated clamp special flight permit with the above
than full cross control. chafing, especially in airplanes used in restriction.
There has been no evidence provided flight training. Further, airplanes have We disagree that the restriction
to show that there is a problem until full potentially experienced chafing while should be added to the AD. Evidence
cross-control. The airplane that we doing normal crosswind takeoffs and warranting this restriction for a special
inspected showed no interference until landings. They recommend revising the flight permit has not been shown. In the
full cross control. One of the airplanes proposed AD to require an inspection event that an aircraft has experienced a
that the commenters discussed was for clamp and bungee clamp binding event, the aircraft should not be
reviewed by representatives of the FAA, interference with adjacent control flown until the binding event is
CDC, and the National Transportation cables, including a specific check for addressed/corrected. The Principal
Safety Board (NTSB). It was determined rudder, aileron, and elevator control Inspector and/or Flight Standards
that the airplane’s rudder was cable fraying in the 12 inches adjacent District Office (FSDO) may always add
improperly rigged. The CDC has revised to the forward and aft bungee clamps this restriction on a case-by-case basis
procedures for rudder rigging to give and the interconnect arm rudder clamp. when issuing a special flight permit.
more detailed instructions in the The commenters also recommend We are not changing the proposed AD
manufacturer’s service bulletin. revising the proposed AD to implement as a result of this comment.
a solution to the control system
We are not changing the proposed AD interference to prevent possible contact Comment Issue No. 9: Require
as a result of this comment. between the moving parts of the system Incorporation of Service Bulletin No.
Comment Issue No. 4: Proposed AD throughout the full range of possible SB 2X–27–14 R3 Within the Listed
Gives the False Impression That the control travel. Compliance Time and Allow an
Jamming Condition Has Been Identified We agree with the commenters that Extended Compliance Time for Those
on Only One Airplane interference of the control cable Who Have Already Done Service
mechanism should not occur. The Bulletin No. SB2X–27–14 R2
Hudson and Doremire state that the manufacturer’s service bulletin has been CDC comments that aircraft
proposed AD gives the impression that revised to add design changes to further complying with Service Bulletin No.
the jamming condition has been increase clearances. In addition, more SB2X–27–14 R2 minimizes the
identified on only 1 airplane. Doremire detailed rigging and inspection probability for the locking condition
claims to have seen the jamming instructions have been added.
and meets the primary objective of the
condition on 12 airplanes. Hudson also Additionally, the revised service
proposed AD. They request the
states that a posting on an Internet Web bulletin adds a redesigned clamp for the
proposed AD allow for an extended
site indicates that aircraft owners end of the interconnect arm.
We are incorporating the revised compliance period for those who have
believe that the problem has only been
service bulletin into the proposed AD. already done Service Bulletin No.
found on 1 airplane.
SB2X–27–14 R2.
The jammed condition initially Comment Issue No. 7: Restrict Affected We disagree with CDC. The
occurred on 1 airplane. However, Aircraft From Forward and Side Slips, instructions listed in Service Bulletin
subsequent inspections have shown Power On and Off Stalls, Unusual No. SB2X–27–14 R2 do not include
improper rigging on other airplanes. Attitudes, Steep Turns, Slow Flight, and adequate rigging instructions for the
We will revise the proposed AD to Any Takeoffs or Landings in Crosswind rudder. Further, it is not known if the
identify the occurrence of improper Conditions modified airplanes were rigged
rigging on several airplanes. Doremire strongly recommends correctly. Also, additional
restricting all affected aircraft from improvements to the rudder/ailerons
Comment Issue No. 5: Issue the interconnect system were made that
forward slips, side slips, power on and
Proposed AD as an Emergency AD and were not included in Service Bulletin
off stalls, unusual attitudes, steep turns,
Ground Any Airplane That Has Not No. SB2X–27–14 R2. The FAA has
slow flight, and any takeoffs or landings
Incorporated the Modifications determined that the changes
in crosswind conditions. The
Required by the AD incorporated into Service Bulletin No.
commenter states that such restrictions
Hudson and Doremire contend that would prevent in-flight loss of control. SB 2X–27–14 R3 are necessary to
the urgency of the rudder-aileron The FAA disagrees with the address the unsafe condition.
interconnect problem has been recommendation. The restrictions that We are not changing the proposed AD
understated. They want this AD action the commenter proposes will ground all as a result of this comment.
to be an Emergency AD and include the CDC airplanes until incorporation of the
FAA’s Determination and Requirements
immediate grounding of any airplane AD actions. The data submitted so far
of This Proposed AD
that has not incorporated the shows that the binding of the controls
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modifications required by the AD. has only occurred on misrigged We have carefully reviewed the
airplanes and can be overcome by available data and determined that the
Our risk assessment shows the additional control forces. The risk unsafe condition referenced in this
rudder-aileron interconnect problem assessment performed does not support document exists or could develop on
warrants NPRM AD action. these proposed restrictions. other products of the same type design;
We are not changing the proposed AD We are not changing the proposed AD and we should take AD action to correct
as a result of this comment. as a result of this comment. this unsafe condition.

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68110 Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Proposed Rules

Certain changes described above in Adel clamp at the end of the rudder- Therefore, we are reopening the
the comments expand the scope of the aileron interconnect arm; re-orient comment period and allowing the
earlier NPRM. As a result, we have existing cable clamps 180 degrees at the public the chance to comment on these
determined that it is necessary to reopen RH rudder cable; clarify security of additional actions.
the comment period to provide attaching parts and orientation of
additional opportunity for the public to Costs of Compliance
bungee cord ends; change the serial
comment on the proposed AD. number effectivity for the Model SR20 We estimate that this proposed AD
The Supplemental NPRM airplane; and increase work-hours affects 2,435 airplanes in the U.S.
necessary to do the proposed action. registry.
Since issuance of the NPRM, CDC has
issued Cirrus Service Bulletin No. SB The FAA has determined that the We estimate the following costs to do
2X–27–14 R3, Revised: October 10, changes incorporated into the service the proposed check of the rudder,
2007. bulletin are necessary to address the aileron, and rudder-aileron interconnect
The revised service information unsafe condition. The added proposed rigging, and replacement of the
includes instructions that add new AD actions following the revised service attaching hardware for the rudder-
attaching parts, including an improved bulletin go beyond the scope of what aileron interconnect arm and RH aileron
bungee clamp that replaces the existing was originally proposed in the NPRM. cable clamps:

Total cost per Total cost on


Labor cost Parts cost airplane U.S. operators

1.5 work-hours x $80 per hour = $120 ........................................................................................ $18 $138 $336,030

CDC will provide warranty credit to 1. Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS
the extent noted in Service Bulletin SB action’’ under Executive Order 12866; DIRECTIVES
2X–27–14 R3, Issued: May 9, 2007, 2. Is not a ‘‘significant rule’’ under the
Revised: October 10, 2007. 1. The authority citation for part 39
DOT Regulatory Policies and Procedures continues to read as follows:
Authority for This Rulemaking (44 FR 11034, February 26, 1979); and
Authority: 49 U.S.C. 106(g), 40113, 44701.
Title 49 of the United States Code 3. Will not have a significant
specifies the FAA’s authority to issue economic impact, positive or negative, § 39.13 [Amended]
rules on aviation safety. Subtitle I, on a substantial number of small entities 2. The FAA amends § 39.13 by adding
Section 106, describes the authority of under the criteria of the Regulatory the following new AD:
the FAA Administrator. Subtitle VII, Flexibility Act. Cirrus Design Corporation: Docket No. FAA–
Aviation Programs, describes in more We prepared a regulatory evaluation 2007–28246; Directorate Identifier 2007–
detail the scope of the Agency’s of the estimated costs to comply with CE–048–AD.
authority. this proposed AD and placed it in the Comments Due Date
We are issuing this rulemaking under AD docket. (a) We must receive comments on this
the authority described in Subtitle VII, airworthiness directive (AD) action by
Part A, Subpart III, Section 44701, Examining the AD Docket January 3, 2008.
‘‘General requirements.’’ Under that
section, Congress charges the FAA with You may examine the AD docket that Affected ADs
promoting safe flight of civil aircraft in contains the proposed AD, the (b) None.
air commerce by prescribing regulations regulatory evaluation, any comments
Applicability
for practices, methods, and procedures received, and other information on the
Internet at http://dms.dot.gov; or in (c) This AD applies to Model SR20
the Administrator finds necessary for airplanes, serial numbers (SN) 1005 through
safety in air commerce. This regulation person at the Docket Management 1861, and Model SR22 airplanes, SN 0002
is within the scope of that authority Facility between 9 a.m. and 5 p.m., through 2333, SN 2335 through 2419, and SN
because it addresses an unsafe condition Monday through Friday, except Federal 2421 through 2437, that are certificated in
that is likely to exist or develop on holidays. The Docket Office (telephone any category.
products identified in this rulemaking (800) 647–5227) is located at the street Unsafe Condition
action. address stated in the ADDRESSES section.
(d) This AD results from an incident of
Regulatory Findings Comments will be available in the AD jamming of the aileron and rudder controls
docket shortly after receipt. on a Model SR20 airplane and the possibility
We have determined that this of the occurrence on other airplanes. In
proposed AD would not have federalism List of Subjects in 14 CFR Part 39
addition, other Models SR20 and SR22
implications under Executive Order airplanes have been found with misrigging of
Air transportation, Aircraft, Aviation
13132. This proposed AD would not the flight controls that could lead to
safety, Safety.
have a substantial direct effect on the jamming. We are issuing this AD to prevent
States, on the relationship between the The Proposed Amendment the possibility of jamming of the rudder-
national Government and the States, or aileron interconnect system, which may
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on the distribution of power and Accordingly, under the authority result in loss of rudder and aileron flight
delegated to me by the Administrator, controls.
responsibilities among the various
levels of government. the FAA proposes to amend 14 CFR part Compliance
For the reasons discussed above, I 39 as follows: (e) To address this problem, you must do
certify that the proposed regulation: the following, unless already done:

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Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Proposed Rules 68111

Actions Compliance Procedures

(1) Inspect/check the rudder, aileron, and rud- At whichever occurs first: Follow Cirrus Service Bulletin No. SB 2X–27–
der-aileron interconnect rigging; correct any (i) Within the next 25 hours time-in-serv- 14 R3, Issued: May 9, 2007, Revised: Octo-
out-of-rig condition; and replace the attaching ice (TIS) after the effective date of this ber 10, 2007.
hardware for the rudder-aileron interconnect AD; or
arm. (ii) Within the next 3 months after the ef-
fective date of this AD.
(2) Only if you find an out-of-rig condition: Re- At whichever occurs later: Send the form (Figure 1 of this AD) to FAA,
port to the FAA any out-of-rig conditions dis- (i) Within 10 days after the inspection re- Manufacturing Inspection District Office,
covered as a result of the inspection required quired in paragraph (e)(1) of this AD; 6020 28th Avenue South, Room 103, Min-
by paragraph (e)(1) of this AD on the form in or neapolis, Minnesota, 55450–2700; tele-
Figure 1 of this AD. The Office of Manage- (ii) Within 10 days after the effective date phone (612) 713–4366; facsimile (612)
ment and Budget (OMB) approved the infor- of this AD. 713–4365.
mation contained in this regulation under the
provisions of the Paperwork Reduction Act
and assigned OMB Control Number 2120–
0056.

Note: Temporary revisions to the airplane Temporary Revision No. 27–1 and SR22 dated October 10, 2007, contain information
maintenance manuals (AMM), SR20 AMM AMM Temporary Revision No. 27–1, both pertaining to this subject.

DOCKET NO. FAA–2007–28246 INSPECTION REPORT


[Report only if you find an out-of-rig condition]

1. Inspection Performed By: 2. Telephone:

3. Aircraft Model: 4. Airplane Serial Number:

5. Aircraft Total Hours Time-in-Service: 6. Date of inspection required in paragraph (e)(1) of this AD:

7a. Do any of the aircraft logs contain entries describing flight control 7b. If Yes, copy the log book entry(s) and include the date of the entry.
system maintenance, preventative maintenance, or alteration:

llYes llNo

8. Inspection Results: (Report only if an out-of-rig condition is found, and describe the out-of-rig condition as accurate and detailed as possible):

9. Corrective Action Taken:

Send to:
Federal Aviation Administration
Manufacturing Inspection District Office 6020 28th Avenue South, Room 103
Minneapolis, Minnesota 55450–2700
Telephone (612) 713–4366
Facsimile (612) 713–4365

Alternative Methods of Compliance Corporation, 4515 Taylor Circle, Duluth, DEPARTMENT OF HEALTH AND
(AMOCs) Minnesota 55811; telephone: (218) 727–2737; HUMAN SERVICES
(g) The Manager, Chicago Aircraft Internet address: http://
Certification Office (ACO), FAA, has the www.cirrusdesign.com. To view the AD Food and Drug Administration
authority to approve AMOCs for this AD, if docket, go to the U.S. Department of
requested using the procedures found in 14 Transportation, Docket Operations, M–30,
21 CFR Parts 210 and 211
CFR 39.19. Send information to ATTN: Wess West Building Ground Floor, Room W12–
Rouse, Aerospace Engineer, 2300 East Devon 140, 1200 New Jersey Avenue, SE., [Docket No. 1995N–0362]
Avenue, Room 107, Des Plaines, Illinois Washington, DC 20590, or on the Internet at
60018; telephone: (847) 294–8113; fax: (847) http://dms.dot.gov. The docket number is Current Good Manufacturing Practice;
294–7834. Before using any approved AMOC Docket No. FAA–2007–28246; Directorate Amendment of Certain Requirements
on any airplane to which the AMOC applies, Identifier 2007–CE–048–AD. For Finished Pharmaceuticals;
Withdrawal
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notify your appropriate principal inspector Issued in Kansas City, Missouri, on


(PI) in the FAA Flight Standards District November 28, 2007.
Office (FSDO), or lacking a PI, your local AGENCY: Food and Drug Administration,
Patrick R. Mullen,
FSDO. HHS
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
ACTION: Proposed rule; withdrawal.
Related Information
(h) To get copies of the service information [FR Doc. E7–23456 Filed 12–3–07; 8:45 am] SUMMARY: The Food and Drug
referenced in this AD, contact Cirrus Design BILLING CODE 4910–13–P Administration (FDA) is announcing the

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