[Federal Register Volume 69, Number 31 (Tuesday, February 17, 2004)]
[Proposed Rules]
[Pages 7380-7382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3353]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-59-AD]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Models 
Ventus-2a, Ventus-2b, Discus-2a, and Discuss-2b Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Models Ventus-
2a, Ventus-2b, Discus-2a, and Discuss-2b sailplanes. This proposed AD 
would require you to inspect and modify the elevator mass balance. For 
Models Discus-2a and Discus-2b sailplanes only, this proposed AD would 
also require you to replace the elevator pushrod. This proposed AD is 
the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Germany. We are issuing this 
proposed AD to detect and correct problems within the sailplane 
elevator control system before they lead to flutter and sailplane 
instability. This could eventually result in loss of sailplane control.

DATES: We must receive any comments on this proposed AD by March 25, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     By mail: FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-59-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
     By fax: (816) 329-3771.
     By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2003-CE-59-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.
    You may get the service information identified in this proposed AD 
from Schempp-Hirth Flugzeugbau GmbH, Postfach 14 43, D-73230 Kirchheim/
Teck, Federal Republic of Germany; telephone: 011 49 7021 7298-0; 
facsimile: 011 49 7021 7298-199.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-59-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include ``AD 
Docket No. 2003-CE-59-AD'' in the subject line of your comments. If you 
want us to acknowledge receipt of your mailed comments, send us a self-
addressed, stamped postcard with the docket number written on it. We 
will date-stamp your postcard and mail it back to you.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Discussion

    What events have caused this proposed AD? The Luftfahrt-Bundesamt 
(LBA), which is the airworthiness authority for Germany, recently 
notified FAA that an unsafe condition may exist on Schempp-Hirth Models 
Ventus-2a, Ventus-2b, Discus-2a, and Discuss-2b sailplanes. The LBA 
reports that the potential exists for elevator mass balance problems on 
the referenced sailplanes.
    What are the consequences if the condition is not corrected? 
Elevator mass balance problems, if not detected and corrected, could 
lead to flutter and sailplane instability. This could eventually result 
in loss of sailplane control.
    Is there service information that applies to this subject? Schempp-
Hirth has issued the following:

[[Page 7381]]



------------------------------------------------------------------------
       Service Document          Models Affected         Procedures
------------------------------------------------------------------------
Technical Note No. 360-19,      Discus-2a and      Adding a mass balance
 dated December 20, 2002.        Discus-2b.         to the elevators;
                                                    and installing an
                                                    elevator pushrod in
                                                    the vertical fin.
Technical Note No. 349-28 (No.  Ventus-2a, Ventus- Modifying the mass
 360-20, No. 863-8), dated       2b, Discus-2a,     balance weights.
 September 16, 2003.             and Discus-2b.
------------------------------------------------------------------------

    What action did the LBA take? The LBA classified these technical 
notes as mandatory and issued the following to ensure the continued 
airworthiness of these sailplanes in Germany:

 German AD No. 2003-048, effective date: March 6, 
2003; and
 German AD No. 2003-280, effective date: October 2, 
2003.

    Did the LBA inform the United States under the bilateral 
airworthiness agreement? These Schempp-Hirth Models Ventus-2a, Ventus-
2b, Discus-2a, and Discus-2b 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 This Proposed AD

    What has FAA decided? We have examined the LBA's findings, reviewed 
all available information, and determined that AD action is necessary 
for products of this type design that are certificated for operation in 
the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other Schempp-Hirth Models Ventus-2a, Ventus-2b, Discus-
2a, and Discus-2b sailplanes of the same type design that are 
registered in the United States, we are proposing AD action to detect 
and correct problems within the sailplane elevator control system 
before they lead to flutter and sailplane instability. This could 
eventually result in loss of sailplane control.
    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced technical 
notes.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we 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 altered products, special flight 
permits, and alternative methods of compliance. 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.

Costs of Compliance

    How many sailplanes would this proposed AD impact? We estimate that 
the actions specified in Schempp-Hirth Technical Note No. 360-19 would 
affect 15 sailplanes in the U.S. registry and the actions specified in 
Schempp-Hirth Technical Note No. 349-28 would affect 51 sailplanes in 
the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected sailplanes? We estimate the following costs 
to accomplish the proposed actions:

----------------------------------------------------------------------------------------------------------------
                                                                               Total cost per       Total cost
  Affected technical note           Labor cost              Parts cost           sailplane        U.S. operators
----------------------------------------------------------------------------------------------------------------
No. 360-19.................  17 workhours at $65 per   $135 per sailplane.  $1,240 per                   $18,600
                              hour = $1,105.                                 sailplane.
No. 349-28.................  4 workhours at $65 per    No cost for parts..  $260 per sailplane.          $13,260
                              hour = $260.
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Regulatory Findings

    Would this proposed AD impact various entities? 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:
    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 proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-59-AD'' in your request.

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 Federal Aviation Administration 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.


Sec. 39.13  [Amended]

    2. The FAA amends Sec. 39.13 by adding the following new 
airworthiness directive (AD):

Schempp-Hirth Flugzeugbau GmbH: Docket No. 2003-CE-59-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by March 25, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Sailplanes Are Affected by This AD?

    (c) This AD affects the following model and serial number 
sailplanes that are certificated in any category:

[[Page 7382]]



----------------------------------------------------------------------------------------------------------------
               Group                            Models                            Serial numbers
----------------------------------------------------------------------------------------------------------------
(1) Group 1 Sailplanes.............  Discus-2a and Discus-2b      13 through 22, 24, 27, 30 through 48, 50, 51,
                                      sailplanes that do not       53, 54, 55, 57 through 63, 65, 67, 68, 71
                                      have Shempp-Hirth            through 79, 81, and 82.
                                      Technical Note No. 360-16
                                      incorporated.
(2) Group 2 Sailplanes.............  Ventus-2a, Ventus-2b,        Ventus-2a and Venus-2b:: 1, 2, 31, 32, 48, 54,
                                      Discus-2a, and Discus-2b     71, 117, 124 through 151, and 153; and all
                                      sailplanes.                  serial numbers that incorporate Modification
                                                                   Bulletin 349-42 or are equipped with a new
                                                                   tail unit per Shempp-Hirth Technical Note No.
                                                                   349-27. Discus-2a and Discus-2b: 1 through
                                                                   185, 187, 188, and 189.
----------------------------------------------------------------------------------------------------------------

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of is the result of mandatory 
continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions of this AD are 
intended to detect and correct problems within the sailplane 
elevator control system before they lead to flutter and sailplane 
instability. This could eventually result in loss of sailplane 
control.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For Group 1 sailplanes:   Within the next 25    Follow Schempp-Hirth
 Add a mass balance to the     hours time-in-        Technical Note No.
 elevators and install an      service (TIS) after   360-19, dated
 elevator pushrod in the       the effective date    December 20, 2002.
 vertical fin.                 of this AD, unless
                               already done.
-----------------------------
(2) For Group 2 sailplanes:   Within the next 25    Follow Schempp-Hirth
 Modify the mass balance       hours TIS after the   Technical Note No.
 weights.                      effective date of     349-28 (No. 360-20,
                               this AD, unless       No. 863-8), dated
                               already done.         September 16, 2003.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Greg Davison, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4130; facsimile: 
(816) 329-4090.

May I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents referenced in this AD 
from Schempp-Hirth Flguzeugbau GmbH, Postfach 14 43, D-73230 
Kirchheim/Teck, Federal Republic of Germany; telephone : 011 49 7021 
7298-0; facsimile: 011 49 7021 7298-199. You may view these 
documents at FAA, Central Region, Office of the Regional Counsel, 
901 Locust, Room 506, Kansas City, Missouri 64106.

Is There Other Information That Relates to This Subject?

    (h) German AD No. 2003-048, effective date: March 6, 2003, and 
German AD No. 2003-280, effective date: October 2, 2003, also 
address the subject of this AD.

    Issued in Kansas City, Missouri, on February 10, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-3353 Filed 2-13-04; 8:45 am]
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