[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Rules and Regulations]
[Pages 71353-71356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26640]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19556; Directorate Identifier 2004-CE-37-AD; 
Amendment 39-13887; AD 2004-24-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Schempp-Hirth (SCHEMPP-HIRTH) Flugzeugbau GmbH Model Duo-Discus 
gliders. This AD requires you to do 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 wing 
failure.

DATES: This AD becomes effective on December 30, 2004.
    As of December 30, 2004, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

[[Page 71354]]

    We must receive any comments on this AD by January 3, 2005.

ADDRESSES: Use one of the following to submit comments on this AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this AD, contact 
Schempp-Hirth Flugzeugbau GmbH, Postfach 1443, 73222 Kircheim/Teck, 
Federal Republic of Germany; telephone: 49 7021 7298-0; facsimile: 49 
7021 7298-199.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2004-19556.

FOR FURTHER INFORMATION CONTACT: Gregory Davison, 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 events have caused this AD? The Luftfahrt-Bundesamt (LBA), 
which is the airworthiness authority for Germany, reported to FAA that 
an in-flight failure of the wing structure at maneuvering loads had 
occurred on a SCHEMPP-HIRTH Model Duo-Discus glider within the serial 
number range of 165 through 389. Analysis indicated failure in the 
bonding of the spar cap and spar web.
    This condition caused us to issue AD 2003-16-51, Amendment 39-13282 
(68 FR 50055, August 20, 2003). AD 2003-16-51 requires you to do 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.
    The LBA notified us of additional reports of bonding problems of 
the spar cap and spar web on Model Duo-Discus gliders, serial numbers 1 
through 164.
    What is the potential impact if FAA took no action? This condition, 
if not detected and corrected, could cause the spar cap and spar web to 
fail. This failure could result in an in-flight wing failure.
    Is there service information that applies to this subject? SCHEMPP-
HIRTH has issued Technical Note No. 396-9, dated January 30, 2004, and 
Appendix to Technical Note No. 396-9, dated January 30, 2004.
    What are the provisions of this service information? This service 
information includes procedures for:

--Inspecting the bonding of the spar cap and spar web; and
--Repairing any defective bonding of the spar cap and spar web.

    What action did the LBA take? The LBA classified this service 
information as mandatory and issued German AD Number D-2004-084, dated 
February 4, 2004, to ensure the continued airworthiness of these 
gliders in Germany.
    Did the LBA inform the United States under the bilateral 
airworthiness agreement? These SCHEMPP-HIRTH Model Duo-Discus gliders 
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 AD

    What has FAA decided? We have examined the LBA's findings, reviewed 
all available information, and determined that we need to issue an AD 
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 these SCHEMPP-HIRTH Model Duo-Discus gliders (serial 
numbers 1 through 164) of the same type design that are registered in 
the United States, we are issuing this AD 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 wing failure.
    What does this AD require? This AD requires you to incorporate the 
actions in the previously-referenced service bulletin.
    How does the revision to 14 CFR part 39 affect this 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.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include the docket number, ``FAA-2004-19556; 
Directorate Identifier 2004-CE-37-AD'' at the beginning of your 
comments. We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this AD.
    Using the search function of our docket Web site, anyone can find 
and read the comments received into any of our dockets, including the 
name of the individual who sent the comment (or signed the comment on 
behalf of an association, business, labor union, etc.). This is docket 
number FAA-2004-19556. You may review the DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477-78), or you may visit http://dms.dot.gov.
    Are there any specific portions of this AD I should pay attention 
to? We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. If you contact 
us through a nonwritten communication and that contact relates to a 
substantive part of this 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 AD in light of those comments and 
contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the AD, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level

[[Page 71355]]

of the Department of Transportation NASSIF Building at the street 
address stated in ADDRESSES. You may also view the AD docket on the 
Internet at http://dms.dot.gov. The comments will be available in the 
AD docket shortly after the DMS receives them.

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 
``Docket No. FAA-2004-19556; Directorate Identifier 2004-CE-37-AD'' in 
your request.
    This rulemaking is promulgated under the authority in Subtitle VII, 
Part A, Subpart III, Section 44701, General requirements. Under that 
section, the FAA is charged with prescribing minimum standards required 
in the interest of safety for the design of aircraft. This regulation 
is within the scope of that authority since it corrects an unsafe 
condition in the design of the aircraft caused by defective bonding of 
the spar cap to the spar web.

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

2004-24-11 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-13887; 
Docket No. FAA-2004-19556; Directorate Identifier 2004-CE-37-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on December 30, 2004.

Are Any Other ADs Affected by This Action?

    (b) None.

What Gliders Are Affected by This AD?

    (c) This AD affects Model Duo-Discus gliders, serial numbers 1 
through 164, that are certificated in any category

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 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.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the bonding       Within the next 10    Follow SCHEMPP-HIRTH
 between the spar cap and      hours time-in-        Flugzeugbau GmbH.
 the spar web for defects.     service (TIS) after   Kircheim/Teck
                               December 30, 2004     Technical Note No.
                               (the effective date   396-9, dated
                               of this AD).          January 30, 2004;
                                                     and SCHEMPP-HIRTH
                                                     Flugzeugbau GmbH.
                                                     Kircheim/Teck
                                                     Appendix to
                                                     Technical Note No.
                                                     396-9, dated
                                                     January 30, 2004.
(2) Repair any defect in the  Prior to further      Follow SCHEMPP-HIRTH
 bonding between the spar      flight after the      Flugzeugbau GmbH.
 cap and the spar web.         inspection required   Kircheim/Teck
                               by paragraph (e)(1)   Technical Note No.
                               of this AD.           396-9, dated
                                                     January 30, 2004;
                                                     SCHEMPP-HIRTH
                                                     Flugzeugbau GmbH.
                                                     Kircheim/Teck
                                                     Appendix to
                                                     Technical Note No.
                                                     396-9, dated
                                                     January 30, 2004;
                                                     and the applicable
                                                     maintenance manual.
------------------------------------------------------------------------

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

Is There Other Information That Relates to This Subject?

    (g) German AD Number D-2004-084, dated February 4, 2004, also 
addresses the subject of this AD.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in SCHEMPP-HIRTH Flugzeugbau GmbH. Kircheim/Teck 
Technical Note No. 396-9, dated January 30, 2004; and SCHEMPP-HIRTH 
Flugzeugbau GmbH. Kircheim/Teck Appendix to Technical Note No. 396-
9, dated January 30, 2004. 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. To get a copy of 
this service information, contact Schempp-Hirth Flugzeugbau GmbH, 
Postfach 1443, 73222 Kircheim/Teck, Federal Republic of Germany; 
telephone: 49 7021 7298-0; facsimile: 49 7021 7298-199. To review 
copies of this service information, go to the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call 
(202) 741-6030. To view the AD docket, go to the Docket Management 
Facility; U.S. Department of Transportation, 400 Seventh Street, 
SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on 
the Internet at http://

[[Page 71356]]

dms.dot.gov. The docket number is FAA-2004-19556.

    Issued in Kansas City, Missouri, on November 26, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26640 Filed 12-8-04; 8:45 am]
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