[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Proposed Rules]
[Pages 65421-65424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27267]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1155; Directorate Identifier 2011-CE-032-AD]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Schempp-Hirth Flugzeugbau GmbH Model Discus 2cT gliders. This proposed 
AD results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify

[[Page 65422]]

and correct an unsafe condition on an aviation product. The MCAI 
describes the unsafe condition as:

    It has been reported that small cracks on engine pylons, in the 
area of the lower engine support, were not detected through the 
``standard'' inspection required by the daily inspection 
instructions. The cracks were discovered only after having 
significantly grown.
    This condition, if not detected and corrected, could lead to an 
engine pylon failure and consequent damage to the aeroplane or 
injury to people on the ground.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 5, 
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact: 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, D-73230 Kirchheim/
Teck, Germany; phone: +49 7021 7298-0; fax +49 7021 7298-199; Internet: 
http://www.schempp-hirth.com; e-mail: hirth.com">info@schempp-hirth.com.
    You may review copies of the referenced service information at the 
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the FAA, 
call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1155; 
Directorate Identifier 2011-CE-032-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No.: 2011-0146, dated August 3, 2011 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    It has been reported that small cracks on engine pylons, in the 
area of the lower engine support, were not detected through the 
``standard'' inspection required by the daily inspection 
instructions. The cracks were discovered only after having 
significantly grown.
    This condition, if not detected and corrected, could lead to an 
engine pylon failure and consequent damage to the aeroplane or 
injury to people on the ground.
    For the reasons described above, this AD requires to replace the 
daily inspections pages of the Aircraft Flight Manual (AFM) that are 
describing the engine pylon inspection instructions, to inspect the 
affected engine pylon area in accordance with those instructions, 
and the replacement with a newly designed engine pylon in case of 
findings.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Schempp-Hirth Flugzeugbau GmbH has issued Schempp-Hirth Flugzeugbau 
GmbH Technical Note No. 863-14, dated July 18, 2006; and Schempp-Hirth 
Flugzeugbau GmbH Technical Note No. 863-20, Revision 1, dated July 27, 
2011. 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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 have proposed additional actions in this AD from those in the 
MCAI to provide for additional inspections. We believe that in addition 
to the daily pilot inspections of the engine pylon, that an initial and 
annual repetitive inspection be accomplished by a properly certificated 
aircraft mechanic. We might also have proposed different actions in 
this AD from those in the MCAI in order to follow FAA policies. Any 
such differences are highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 3 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $255, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 8 work-hours and require parts costing $1,697, for a cost of 
$2,377 per product. We have no way of

[[Page 65423]]

determining the number of products that may need these actions.

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 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

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

Schempp-Hirth Flugzeugbau: Docket No. FAA-2011-1155; Directorate 
Identifier 2011-CE-032-AD.

Comments Due Date

    (a) We must receive comments by December 5, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Schempp-Hirth Flugzeugbau Discus 2cT 
gliders, serial numbers 1 through 35, certificated in any category, 
except those on which a engine pylon, part number (P/N) M03RT841, is 
installed.

Subject

    (d) Air Transport Association of America (ATA) Code 54: 
Nacelles/Pylons.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been reported that small cracks on engine pylons, in the 
area of the lower engine support, were not detected through the 
``standard'' inspection required by the daily inspection 
instructions. The cracks were discovered only after having 
significantly grown.
    This condition, if not detected and corrected, could lead to an 
engine pylon failure and consequent damage to the aeroplane or 
injury to people on the ground.
    For the reasons described above, this AD requires to replace the 
daily inspections pages of the Aircraft Flight Manual (AFM) that are 
describing the engine pylon inspection instructions, to inspect the 
affected engine pylon area in accordance with those instructions, 
and the replacement with a newly designed engine pylon in case of 
findings.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 30 days after the effective date of this AD, replace 
the daily inspection pages of the airplane flight manual following 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 1, 
dated July 27, 2011. The actions required by this paragraph may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9 
(a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained 
as required by 14 CFR 91.417, 121.380, or 135.439. All other actions 
in this AD must be done by a properly certificated aircraft 
mechanic.
    (2) Before further flight after doing the action in paragraph 
(f)(1) of this AD and repetitively thereafter at intervals not to 
exceed every 12 months, inspect the engine pylon for damage or 
cracks, following the daily inspection instructions as amended by 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 1, 
dated July 27, 2011.
    (3) If during the daily inspections in the instructions amended 
by Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 
1, dated July 27, 2011 in paragraph (f)(1) of this AD or the 
inspections required in paragraph (f)(2) of this AD, any damage or 
crack is found on the engine pylon, before further flight, replace 
the engine pylon with an engine pylon part number M03RT841 following 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, dated July 
18, 2006.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: In addition to the daily pilot inspections of the engine 
pylon required by the foreign authority, the FAA also requires an 
initial and annual repetitive inspection by a properly certificated 
aircraft mechanic.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; e-mail: 
[email protected]. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (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, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments

[[Page 65424]]

concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (h) Refer to MCAI EASA AD No.: 2011-0146, dated August 3, 2011; 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, dated July 
18, 2006; and Schempp-Hirth Flugzeugbau GmbH Technical Note No. 864-
20 Revision 1, dated July 27, 2011, for related information. For 
service information related to this AD, contact Schempp-Hirth 
Flugzeugbau GmbH, Krebenstrasse 25, D-73230 Kirchheim/Teck, Germany; 
phone: +49 7021 7298-0; fax +49 7021 7298-199; Internet: http://
www.schempp-hirth.com; e-mail: hirth.com">info@schempp-hirth.com. You may 
review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, 
call (816) 329-4148.

    Issued in Kansas City, Missouri, on October 17, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-27267 Filed 10-20-11; 8:45 am]
BILLING CODE 4910-13-P