[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Rules and Regulations]
[Pages 75106-75108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21212]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[FAA-2006-26437; Directorate Identifier 2006-CE-73-AD; Amendment 39-
14855; AD 2006-25-14]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as the 
possible failure of the attachment of the propeller blades. This AD 
requires actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: This AD becomes effective January 3, 2007.
    We must receive comments on this AD by January 16, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 
329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

 Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2006-0294-E, dated September 25, 2006 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states that the aircraft manufacturer has identified 
a possible failure of the attachment of the propeller blades and

[[Page 75107]]

that the propeller hub has to be checked and overhauled. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Schempp-Hirth Flugzeugbau GmbH has issued Technical Note No. 890-8/
868-11, dated September 22, 2006. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of a 
possible failure of the attachment of the propeller blades. Therefore, 
we determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2006-26437; Directorate 
Identifier 2006-CE-73-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those 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 we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We 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.
    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 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 regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends14 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 AD:

2006-25-14 SCHEMPP-HIRTH FLUGZEUGBAU GMBH: Amendment 39-14855; 
Docket No. FAA-2006-26437; Directorate Identifier 2006-CE-73-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
3, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model Duo Discus T gliders, serial 
numbers 1 through 149, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states the aircraft manufacturer has identified a possible failure 
of the attachment of the propeller blades and that the propeller hub 
has to be checked and overhauled.

Actions and Compliance

    (e) As of January 3, 2007 (the effective date of this AD), 
unless already done, do the following actions.
    (1) For propellers with less than 15 hours time-in-service (TIS) 
as of the effective date of this AD:
    (i) Prior to the first flight of each day, visually inspect the 
propeller hub in the area of the five propeller blade roots for 
cracks using a minimum 10x magnifier. If necessary, clean the hub 
before checking.
    (ii) Prior to further flight after any crack is found or upon 
accumulating 15 hours TIS, whichever occurs first, remove the 
propeller hub and return to the propeller manufacturer for 
inspection and overhaul. Send the propeller hub along with the 
propeller hours time-in-service (TIS) to Technoflug

[[Page 75108]]

Leichtflugzeugbau GmbH, Dr. Kurt Steim Strasse 6, D-78713 
Schramberg.
    (iii) You may remove the propeller hub and return as specified 
in paragraph (e)(1)(ii) of this AD at any time prior to accumulating 
15 hours TIS on the propeller to terminate the inspection 
requirement of paragraph (e)(1)(i) of this AD.
    (2) For propellers with 15 or more hours TIS as of the effective 
date of this AD: Prior to further flight, remove the propeller hub 
and return to the propeller manufacturer for inspection and 
overhaul. Send the propeller hub along with the propeller hours 
time-in-service (TIS) to Technoflug Leichtflugzeugbau GmbH, Dr. Kurt 
Steim Strasse 6, D-78713 Schramberg.
    (3) For all sailplanes: With the propeller removed, the powered 
sailplane can temporarily be used in the sailplane configuration. If 
the engine battery (at the steel frame between the seats) is not 
removed, a new weight and balance report is not necessary. After the 
inspection and overhaul of the propeller hub is done, the propeller 
must be reinstalled.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:

    (1) The MCAI did not have a required action if cracks were found 
during the inspection. This AD requires the propeller hub to be 
overhauled by the manufacturer before further flight if cracks are 
found.
    (2) The MCAI allowed continued flight over the 15 hour propeller 
TIS limit (up to the annual inspection) if the propeller TIS was 
less than 15 hours as of the effective date of this AD. For 
propellers at or less than 15 hours TIS, the FAA is requiring the 
propeller hub to be overhauled by the manufacturer upon the 
accumulation of 15 hours TIS or prior to further flight if cracks 
are found, whichever occurs first.
    (3) The service information allows for the pilot to perform the 
inspection and the removal and reinstallation of the propeller. By 
FAA regulation (14 CFR part 43), the pilot is not allowed to do 
these actions and an appropriately-rated mechanic must perform these 
actions.
    (4) The MCAI incorporates the service information. We have 
modified the procedures in the service information as stated above 
and incorporated the procedures into this AD. This AD only 
references the service information.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Gregory Davison Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (g) Refer to European Aviation Safety Agency (EASA) AD No.: 
2006-0294-E, dated September 25, 2006, and Schempp-Hirth Flugzeugbau 
GmbH Technical Note No. 890-8/868-11, dated September 22, 2006, for 
related information.

Material Incorporated by Reference

    (h) None.

    Issued in Kansas City, Missouri on December 7, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-21212 Filed 12-13-06; 8:45 am]
BILLING CODE 4910-13-P