[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Rules and Regulations]
[Pages 21699-21701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8793]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-59-AD; Amendment 39-13581; AD 2004-08-12]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Models Ventus-2a, 
Ventus-2b, Discus-2a, and Discus-2b sailplanes. This AD requires you to 
inspect and modify the elevator mass balance. For Models Discus-2a and 
Discus-2b sailplanes only, this AD also requires you to replace the 
elevator pushrod. This AD is the result of mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Germany. We are issuing this 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: This AD becomes effective on June 4, 2004.
    As of June 4, 2004, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: You may get the service information identified in this AD 
from Schempp-Hirth Flugzeugbau GmbH, Postfach 14 43, D-73230 Kirchheim/
Teck, 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:

Discussion

    What events have caused this 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 Discus-2b sailplanes. The LBA reports that 
the potential exists for elevator mass balance problems on the 
referenced sailplanes.
    What is the potential impact if FAA took no action? 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.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Schempp-Hirth Flugzeugbau GmbH 
(Schempp-

[[Page 21700]]

Hirth) Models Ventus-2a, Ventus-2b, Discus-2a, and Discuss-2b 
sailplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on February 17, 2004 (69 FR 7380). 
The NPRM proposed to 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.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 does this 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 is the cost impact of this AD on owners/operators of the 
affected sailplanes? We estimate the following costs to accomplish the 
following actions:

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

Regulatory Findings

    Will this AD impact various entities? 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.
    Will this AD involve a significant rule or regulatory action? 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 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 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, 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 AD to read as follows:

2004-08-12 Schempp-Hirth Flugzeugbau Gmbh: Amendment 39-13581; 
Docket No. 2003-CE-59-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on June 4, 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:

------------------------------------------------------------------------
            Group                    Models              Serial Nos.
------------------------------------------------------------------------
(1) Group 1 Sailplanes......  Discus-2a and Discus- 13 through 22, 24,
                               2b sailplanes that    27, 30 through 48,
                               do not have Shempp-   50, 51, 53, 54, 55,
                               Hirth Technical       57 through 63, 65,
                               Note No. 360-16       67, 68, 71 through
                               incorporated.         79, 81, and 82.
(2) Group 2 Sailplanes......  Ventus-2a, Ventus-    Ventus-2a and Ventus-
                               2b, Discus-2a, and    2b: 1, 2, 31, 32,
                               Discus-2b             48, 54, 71, 117,
                               sailplanes.           124 through 151,
                                                     and 153; and all
                                                     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.
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[[Page 21701]]

What Is the Unsafe Condition Presented in This AD?

    (d) This AD 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       June 4, 2004 (the     December 20, 2002
 vertical fin.                 effective date of     (LBA-approved
                               this AD), unless      January 18, 2003).
                               already done.
(2) For Group 2 sailplanes:   Within the next 25    Follow Schempp-Hirth
 Modify the mass balance       hours TIS after       Technical Note No.
 weights.                      June 4, 2004 (the     349-28, No. 360-20,
                               effective date of     and No. 863-8
                               this AD), unless      (including
                               already done.         appendix), dated
                                                     September 16, 2003
                                                     (LBA-approved
                                                     September 23,
                                                     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.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Schempp-Hirth Technical Note No. 360-19, dated 
December 20, 2002 (LBA-approved January 18, 2003); and Schempp-Hirth 
Technical Note No. 349-28, No. 360-20, and No. 863-8 (including 
appendix), dated September 16, 2003 (LBA-approved September 23, 
2003). The Director of the Federal Register approved the 
incorporation by reference of this service bulletin in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy from 
Schempp-Hirth Flugzeugbau GmbH, Postfach 14 43, D-73230 Kirchheim/
Teck, Germany; telephone: 011 49 7021 7298-0; facsimile: 011 49 7021 
7298-199. You may review copies at FAA, Central Region, Office of 
the Regional Counsel, 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.

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 April 13, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-8793 Filed 4-21-04; 8:45 am]
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