[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77567-77569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0661; Directorate Identifier 2013-CE-009-AD; 
Amendment 39-17693; AD 2013-24-16]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Schempp-Hirth Flugzeugbau GmbH Model Duo Discus T gliders. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as the instructions provided to inspect the 
propeller hub and blades are insufficient for detecting cracks and/or 
other damage, and other operating instructions provided by the flight 
and maintenance manual are incorrect and insufficient. We are issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective January 28, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 28, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590.
    For service information identified in this AD, contact Schempp-
Hirth Flugzeugbau GmbH, Krebenstrasse 25, 73230 Kirchheim/Teck, 
Germany; telephone: +49 7021 7298-0; fax: +49 7021 7298-199; email: 
hirth.com">info@schempp-hirth.com; Internet: http://www.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.

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; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 29, 2013 (78 FR 
45471). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It was found that the accomplishment instructions provided to 
check the powered sailplane's propeller hub and blades were not 
sufficient to detect cracks and/or other damage. The results of a 
subsequent manual review revealed that some other operating 
instructions provided by the sailplane flight and maintenance manual 
were neither correct nor sufficient.
    This condition, if not corrected, could lead to operation of the 
powered sailplane outside its certified limits.
    To address this unsafe condition, EASA issued AD 2013-0012 to 
require amendment of sailplane flight- and maintenance manuals to 
correct the operating instruction deficiencies and inaccuracies and, 
for Arcus T sailplanes that had been repaired before the applicable 
maintenance manual update, an elevator or wing flap hinge moment 
weight check, as applicable.
    Since that AD was published, Schempp-Hirth Flugzeugbau GmbH 
determined that Action 3 of the accomplishment instructions of 
Technical Note (Technische Mitteilung) (TN) 890-13, referenced for 
Duo Discus T sailplanes, was incorrect for S/N 1 through 174. To 
correct this erroneous maintenance instruction, Schempp-Hirth 
Flugzeugbau GmbH issued TN 890-13 issue 2.
    For the reasons described above, this AD retains the 
requirements of EASA AD 2013-0012, which is superseded, and 
requires, for certain Duo Discus T powered sailplanes, the use of 
instructions as provided in TN 890-13 issue 2.

The MCAI requires exchange of flight manual pages (which introduces a 
repetitive inspection of the power plant), exchange of maintenance 
manual pages, exchange of cockpit placards, and transfer of weight and 
balance data. EASA AD No.: 2013-0054, dated March 5, 2013, supersedes 
EASA AD No. 2013-0012, dated January 15, 2013. No

[[Page 77568]]

FAA action was taken on EASA AD No. 2013-0012. You may examine the MCAI 
in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0661-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 45471, July 29, 
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 45471, July 29, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 45471, July 29, 2013).

Costs of Compliance

    We estimate that this AD will affect 5 products of U.S. registry. 
We also estimate that it will take about 2.5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $50 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $1,312.50, or $262.50 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 5 work-hours and require parts costing $3,840, for a cost of 
$4,265 per product. We have no way of 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 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 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov/ !documentDetail;D=FAA-;2013-0661-0002; 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 
the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

2013-24-16 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-17693; 
Docket No. FAA-2013-0661; Directorate Identifier 2013-CE-009-AD

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 28, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Duo 
Discus T gliders, serial numbers (S/N) 1 through 240, certificated 
in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 5: Time Limits.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as the instructions 
provided to inspect the propeller hub and blades are insufficient 
for detecting cracks and/or other damage, and other operating 
instructions provided by the flight and maintenance manual are 
incorrect and insufficient. We are issuing this AD to ensure that 
the instructions for inspecting the propeller hub and blades are 
sufficient to detect cracks and/or other damage and instructions of 
the flight and maintenance manual are correct and sufficient.

(f) Actions and Compliance

    Unless already done, do the following actions as specified in 
paragraphs (f)(1) through (f)(6) of this AD, including all 
subparagraphs:
    (1) Within 30 days after January 28, 2014 (the effective date of 
this AD), incorporate amended pages into the applicable FAA-approved 
sailplane flight manual (SFM), following Action 1 of Schempp-Hirth 
Flugzeugbau GmbH Technical Note No. 890-13, 2nd issue, dated March 
5, 2013.
    (2) Within 60 days after January 28, 2014 (the effective date of 
this AD), do the actions specified in paragraphs (f)(2)(i) through 
(f)(2)(iii) of this AD:
    (i) Incorporate amended pages into the FAA-approved SFM and 
sailplane maintenance manual (SMM), as applicable, following Action 
2 and Action 3 of Schempp-Hirth Flugzeugbau GmbH Technical Note No. 
890-13, 2nd issue, dated March 5, 2013.
    (ii) Install the amended cockpit placards following Action 4 of 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 890-13, 2nd issue, 
dated March 5, 2013. Replace previous placard as necessary.
    (iii) Transfer weight and balance data from weight and balance 
report into the weight and balance log sheet following Action 5 of 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 890-13, 2nd issue, 
dated March 5, 2013.
    (3) The actions required by paragraph (f)(1) and (f)(2)(i) of 
this AD may be performed by the owner/operator (pilot) holding at 
least a

[[Page 77569]]

private pilot certificate and must be entered into the aircraft 
records showing compliance with this AD following 14 CFR Sec.  43.9 
(a)(1) through (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.
    (4) Initially within 30 days after January 28, 2014 (the 
effective date of this AD) and repetitively thereafter at intervals 
not to exceed 12 calendar months, visually inspect (pre-flight) the 
power plant (propeller hub and propeller blades) for cracks or other 
damage using the following service information in paragraphs 
(f)(4)(i) and (f)(4)(ii) of this AD:
    (i) For S/N 1 through 174: Use step (4)(c) of the Visual 
inspection of the power plant section on page 4.3.3 of Schempp-Hirth 
Flugzeugbau GmbH Duo Discus T Flight Manual issue May 2000, Revision 
No. 12, Date of issue November 2011; as specified in Schempp-Hirth 
Flugzeugbau GmbH Technical Note No. 890-13, 2nd issue, dated March 
5, 2013.
    (ii) For S/N 175 through 240: Use step (4)(c) of the Visual 
inspection of the power plant section on page 4.3.3, of Schempp-
Hirth Flugzeugbau GmbH Duo Discus T Flight Manual issue October 
2007, Revision No. 2, Date of issue November 2011; as specified in 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 890-13, 2nd issue, 
dated March 5, 2013.

    Note 1 to paragraph (f)(4)(ii) of this AD: The flight manual 
references TN 890-13 and MB 890-8; however, neither are part of the 
flight manual. Also, MB 890-8 does not apply to the airplanes 
included in the Applicability of this AD.

    (5) If any cracks or other damage is found during any inspection 
required by paragraph (f)(4) of this AD, before further flight, 
replace any parts found with cracks and repair any damage.
    (6) The revised SFM pages require pre-flight checks that may be 
done by the pilot. However, the inspection actions required in 
paragraph (f)(4) of this AD, to include all subparagraphs, are 
separate from the pilot pre-flight checks and must be done by a 
properly certificated aircraft mechanic.

(g) Other FAA AD Provisions

    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; email: 
[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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2013-0054, dated March 5, 2013, for more information. You may 
examine the MCAI in the AD docket on the Internet http://www.regulations.gov/#!documentDetail; D=FAA-2013-0661-0002.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Schempp-Hirth Flugzeugbau GmbH Technische Mitteilung Nr. 
890-13, 2. Augabe, dated March 5, 2013 (English translation: 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 890-13, 2nd Issue, 
dated March 5, 2013);
    (ii) Schempp-Hirth Flugzeugbau GmbH Duo Discus T FLUGHANDBUCH 
Ausgabe Oktober 2007, Lfd. Nr. der Berichtigung 2, Datum der 
Berichtigung November 2011 (English translation: Schempp-Hirth 
Flugzeugbau GmbH Duo Discus T Flight Manual issue October 2007, 
Revision No. 2, Date of issue November 2011); and
    (iii) Schempp-Hirth Flugzeugbau GmbH Duo Discus T FLUGHANDBUCH 
Ausgabe Mai 2000, Lfd. Nr. der Berichtigung 12, Datum der 
Berichtigung November 2011 (English translation: Schempp-Hirth 
Flugzeugbau GmbH Duo Discus T Flight Manual issue May 2000, Revision 
No. 12, Date of issue November 2011).

    Note 2 to paragraphs (i)(2)(i) through (i)(2)(iii) of this AD: 
This service information contains German to English translation. 
EASA used the English translation in referencing the documents from 
Schempp-Hirth Flugzeugbau GmbH. For enforceability purposes, we will 
refer to the Schempp-Hirth Flugzeugbau GmbH service information as 
the titles appear on the documents.

    (3) For Schempp-Hirth Flugzeugbau GmbH service information 
identified in this AD, contact Schempp-Hirth Flugzeugbau GmbH, 
Krebenstrasse 25, 73230 Kirchheim/Teck, Germany; telephone: +49 7021 
7298-0; fax: +49 7021 7298-199; email: hirth.com">info@schempp-hirth.com; 
Internet: http://www.schempp-hirth.com.
    (4) You may view this service information at 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html

    Issued in Kansas City, Missouri, on November 26, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-30460 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-13-P