[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Proposed Rules]
[Pages 24743-24745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09435]



[[Page 24743]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6123; Directorate Identifier 2016-CE-007-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).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Schempp-Hirth Flugzeugbau GmbH Models Discus-2a, Discus-2b, Discus-2c, 
Discus 2cT, Ventus-2a, and Ventus-2b gliders. This proposed AD results 
from 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 insufficient overlap of the airbrake panels. We are 
issuing this proposed AD to require actions to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by June 13, 2016.

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, 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 this 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 by searching for and locating Docket No. FAA-2016-
6123; 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; email: 
[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-2016-6123; 
Directorate Identifier 2016-CE-007-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 AD 
No.: 2016-0027, dated February 9, 2016 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Operational experience shows that, under certain conditions, the 
overlap between the two airbrake panels can be insufficient and the 
panels can interlock.
    This condition, if not corrected, could lead to blockage of the 
airbrakes, possibly resulting in reduced control of the (powered) 
sailplane.
    To address this potential unsafe condition, Schempp-Hirth 
Flugzeugbau GmbH issued TN 349-39, 360-29, 825-55 and 863-22 (single 
document, hereafter referred to as `the TN' in this AD), to provide 
inspection instructions to verify the correct overlap between the 
two affected airbrake panels.
    For the reason described above, this AD requires a one-time 
inspection of the overlap of the affected airbrake panels and, 
depending on findings, accomplishment of applicable corrective 
action(s).

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6123.

Related Service Information Under 1 CFR Part 51

    Schempp-Hirth Flugzeugbau GmbH has issued Technical Note No. 349-
39, 360-29, 825-55, 863-22; dated January 29, 2016 (published as a 
single document), and Arbeitsanweisung (English translation: Working 
instructions) for Technische Mitteilung Nr. (English translation: 
Technical Note No.) 349-39, 360-29, 825-55, 863-22, Ausgabe (English 
translation: Issue) 1, Datum (English translation: Dated) January 22, 
2016. The service information describes procedures for inspection of 
the overlap of the airbrake panels and, if necessary, replacement of 
the airbrake panels. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section 
of this NPRM.

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.

Costs of Compliance

    We estimate that this proposed AD will affect 86 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic requirements of this proposed AD.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $14,620, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 4 work-hours and require parts

[[Page 24744]]

costing $100, for a cost of $440 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 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),
    (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.

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

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:

Schempp-Hirth Flugzeugbau GmbH: Docket No. FAA-2016-6123; 
Directorate Identifier 2016-CE-007-AD.

(a) Comments Due Date

    We must receive comments by June 13, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Schempp-Hirth Flugzeugbau GmbH 
model and serial number gliders, certificated in any category:
    (1) Model Discus-2a, serial numbers 1 through 253;
    (2) Model Discus-2b, serial numbers 1 through 255;
    (3) Model Discus-2c, serial numbers 1 through 61;
    (4) Model Discus 2cT, serial numbers 1 through 127;
    (5) Model Ventus-2a, serial numbers 1 through 178; and
    (6) Model Ventus-2b, serial numbers 1 through 175.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(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 insufficient 
overlap of the airbrake panels. We are issuing this proposed AD to 
require actions to address the unsafe condition on these products. 
We are issuing this AD to prevent interlocking of the airbrake 
panels, which could lead to blockage of the airbrakes and possible 
loss of control.

 (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (f)(2) of this AD:
    (1) Within the next 40 days after the effective date of this AD, 
inspect the overlap of the airbrake panels for a minimum overlap of 
at least 3 millimeters following Action 1 in Schempp-Hirth 
Flugzeugbau GmbH Technische Mitteilung Nr. (English translation: 
Technical Note No.) 349-39, 360-29, 825-55, 863-22, dated January 
29, 2016 (published as a single document); and Action 1 in the 
associated Arbeitsanweisung (English translation: Working 
instructions) for Technische Mitteilung Nr. (English translation: 
Technical Note No.) 349-39, 360-29, 825-55, 863-22, Ausgabe (English 
translation: issue) 1, Datum (English translation: dated) January 
22, 2016.
    Note 1 to paragraph (f)(1) and (f)(2) of this AD: This service 
information contains German to English translation. The EASA used 
the English translation in referencing the document. For 
enforceability purposes, we will refer to the Schempp-Hirth 
Flugzeugbau GmbH service information as it appears on the document.
    (2) If, during the inspection required in paragraph (f)(1) of 
this AD, the overlap on the airbrake panels is found to be less than 
3 millimeters, before further flight, install eccentric bushings and 
make adjustments following Action 2 in Schempp-Hirth Flugzeugbau 
GmbH Technische Mitteilung Nr. (English translation: Technical Note 
No.) 349-39, 360-29, 825-55, 863-22, dated January 29, 2016 
(published as a single document); and Action 2 in the associated 
Arbeitsanweisung (English translation: Working instructions) for 
Technische Mitteilung Nr. (English translation: Technical Note No.) 
349-39, 360-29, 825-55, 863-22, Ausgabe (English translation: issue) 
1, Datum (English translation: dated) January 22, 2016.

(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.: 
2016-0027, dated February 9, 2016, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-6123. For service 
information related to 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 
this 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.


[[Page 24745]]


    Issued in Kansas City, Missouri, on April 15, 2016.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-09435 Filed 4-26-16; 8:45 am]
BILLING CODE 4910-13-P