[Federal Register Volume 68, Number 161 (Wednesday, August 20, 2003)]
[Rules and Regulations]
[Pages 50055-50056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21152]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-33-AD; Amendment 39-13282; AD 2003-16-51]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Model 
Duo-Discus Gliders

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Schempp-Hirth (SCHEMPP-HIRTH) Flugzeugbau GmbH Model 
Duo-Discus gliders. This AD requires you to accomplish a one-time 
inspection of the bonding of the spar cap and spar web, and repair any 
defective bonding of the spar cap and spar web. This AD is the result 
of mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions specified by this AD 
are intended to detect and correct failure of the bonding of the spar 
cap and spar web, which if not detected and corrected, could result in 
an in-flight failure of the wing.

DATES: The AD becomes effective August 20, 2003, to all affected 
persons who did not receive emergency AD 2003-16-51, issued August 7, 
2003. Emergency AD 2003-16-51 contained the requirements of this 
amendment, and became effective immediately upon receipt and required 
the actions prior to further flight.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of August 
20, 2003.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before September 15, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-33-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2003-CE-33-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may view information related to this AD at FAA, Central Region, 
Office of the Regional Counsel, Attention: Rules Docket No. 2003-CE-33-
AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office 
of the Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Gregory Davidson, Aerospace Engineer, 
FAA, Small Airplane Directorate, Room 301, 901 Locust, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Discussion

What Has Happened So Far?

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified FAA that an unsafe condition may exist 
on certain SCHEMPP-HIRTH Model Duo-Discus gliders. The LBA reports an 
in-flight failure of the wing structure at maneuvering loads. Initial 
analysis indicates failure in the bonding of the spar cap and spar web.
    SCHEMPP-HIRTH has received additional reports of bonding problems 
of the spar cap and spar web.
    SCHEMPP-HIRTH has issued service information regarding this 
subject:
    [sbull] Technical Note No. 396-8/No. 890-3, dated August 1, 2003; 
and
    [sbull] Appendix to Technical Note No. 396-8/No. 890-3, dated 
August 1, 2003.
    On January 27, 2003, FAA issued emergency AD 2003-16-51 to require 
you to inspect the bonding of the spar cap and spar web; and repair any 
defective bonding of the spar cap and spar web.

Why Is It Important To Publish this AD?

    The FAA found that immediate corrective action was required, that 
notice and opportunity for prior public comment were impracticable and 
contrary to the public interest, and that good cause existed to make 
the AD effective immediately by individual letters issued on August 7, 
2003, to all known U.S. operators of certain SCHEMPP-HIRTH Duo-Discus 
gliders. These conditions still exist, and the AD is published in the 
Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective to all 
persons.

How Does the Revision to 14 CFR Part 39 Affect This AD?

    On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we will not include it in 
future AD actions.

Comments Invited

How Do I Comment on This AD?

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, FAA invites your 
comments on the rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments to the address specified under the caption 
ADDRESSES. We will consider all comments received on or before the 
closing date specified above. We may amend this rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether we need to take additional rulemaking 
action.

Are There Any Specific Portions of the AD I Should Pay Attention To?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may view all comments we receive 
before and after the closing date of the rule in the Rules Docket. We 
will file a report in the Rules Docket that summarizes each FAA

[[Page 50056]]

contact with the public that concerns the substantive parts of this AD.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your written comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2003-CE-33-AD.'' We will date stamp and 
mail the postcard back to you.

Regulatory Impact

Does This AD Impact Various Entities?

    These regulations 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. Therefore, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    We have determined that this regulation is an emergency regulation 
that must be issued immediately to correct an unsafe condition in 
aircraft, and is not a significant regulatory action under Executive 
Order 12866. It has been determined further that this action involves 
an emergency regulation under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). If it is determined that this 
emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new airworthiness directive (AD) 
to read as follows:

2003-16-51 Schempp-Hirth Flugzeugbau GmbH: Docket No. 2003-CE-33-AD.

    (a) What gliders are affected by this AD? This AD applies to 
Model Duo-Discus gliders, serial numbers 165 through 389, that are 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the gliders identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? This AD is intended to 
detect and correct failure of the bonding of the spar cap and spar 
web, which if not detected and corrected, could result in an in-
flight failure of the wing.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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(1) Inspect the bonding       Prior to further      In accordance with
 between the spar cap and      flight after August   SCHEMPP-HIRTH
 the spar web for defects.     20, 2003 (the         Flugzeugbau for
                               effective date of     GmbH. Hircheim/Teck
                               this AD), except      Technical Note No.
                               that this action      396-8, No. 890-3,
                               was required prior    dated August 1,
                               to further flight     2003; and SCHEMPP-
                               after receipt those   HIRTH Flugzeugbau
                               who received          GmbH. Hircheim/Teck
                               emergency AD 2003-    Appendix to
                               16-51, which was      Technical Note No.
                               issued on August 7,   396-8/No. 890-3,
                               2003.                 dated August 1,
                                                     2003.
(2) Repair any defect in the  Prior to further      In accordance with
 bonding between the spar      flight after the      SCHEMPP-HIRTH
 cap and the spar web, as      inspection required   Flugzeugbau GmbH.
 specified in the service      by paragraph (d)(1)   Hircheim/Teck
 information.                  of this AD.           Technical Note No.
                                                     396-8, No. 890-3,
                                                     dated August 1,
                                                     2003; and SCHEMPP-
                                                     HIRTH Flugzeugbau
                                                     GmbH. Hircheim/Teck
                                                     Appendix to
                                                     Technical Note No.
                                                     396-8/No. 890-3,
                                                     dated August 1,
                                                     2003.
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    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, 
follow the procedures in 14 CFR 39.19. Send these requests to the 
Manager, Standards Office, Small Airplane Directorate. For 
information on any already approved alternative methods of 
compliance, contact Gregory Davidson, Aerospace Engineer, FAA, Small 
Airplane Directorate, Room 301, 901 Locust, Kansas City, Missouri 
64106; telephone: (816) 329-4130; facsimile: (816) 329-4090.
    (f) Are special flight permits allowed? No. Special flight 
permits are not allowed by this AD. The FAA has determined that the 
safety issue is severe enough that the gliders must be free of 
bonding defects in the spar area before further operation.
    (g) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with SCHEMPP-HIRTH Flugzeugbau GmbH. Hircheim/Teck Technical Note 
No. 396-8, No. 890-3, dated August 1, 2003; and SCHEMPP-HIRTH 
Flugzeugbau GmbH. Hircheim/Teck Appendix to Technical Note No. 396-
8/No. 890-3, dated August 1, 2003. The Director of the Federal 
Register approved this incorporation by reference under 5 U.S.C. 
552(a) and 1 CFR part 51. You can get copies from Schempp-Hirth 
Flugzeugbau GmbH, Postfach 1443, 73222 Kircheim/Teck, Federal 
Republic of Germany; telephone: 49 7021 7298-0; facsimile: 49 7021 
7298-199. You may view copies at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (h) When does this AD become effective? This AD becomes 
effective August 20, 2003, to all affected persons who did not 
receive emergency AD 2003-16-51, issued August 7, 2003. Emergency AD 
2003-16-51 contained the requirements of this amendment and became 
effective immediately upon receipt and required the actions before 
further flight.

    Note: The subject of this AD is addressed in German AD Number 
2003-246/2, dated August 1, 2003.


    Issued in Kansas City, Missouri, on August 12, 2003.
Diane K. Malone,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-21152 Filed 8-19-03; 8:45 am]
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