[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74666-74668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25674]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6123; Directorate Identifier 2016-CE-007-AD; 
Amendment 39-18690; AD 2016-22-01]
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 Models Discus-2a, Discus-2b, Discus-2c, 
Discus 2cT, Ventus-2a, and Ventus-2b 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 insufficient overlap of the airbrake panels. We are issuing 
this AD to correct the unsafe condition on these products.

DATES: This AD is effective December 1, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 1, 
2016.

ADDRESSES: 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 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 
view 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. 
It is also available on the Internet at http://www.regulations.gov by 
searching for Docket No. FAA-2016-6123.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA,

[[Page 74667]]

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 by adding an AD that would apply to Schempp-Hirth Flugzeugbau 
Model Discus-2a, Discus-2b, Discus-2c, Discus 2cT, Ventus-2a, and 
Ventus-2b gliders. The NPRM was published in the Federal Register on 
April 27, 2016 (81 FR 24743). The NPRM proposed to correct an unsafe 
condition for the specified products and was based on mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country. 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).

The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-6123-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Request for Pilot-Owner To Conduct Inspection

    Glenn Yeldezian commented that the EASA AD mandated the use of a 
Schempp-Hirth Technical Note that allowed for the pilot-owner to 
accomplish the inspection. The commenter requested that the FAA AD 
include this option for the pilot-owner to accomplish the inspection 
or, alternately, asked whether the revised Technical Note is enough 
justification for the pilot-owner to perform the inspection.
    We do not agree with allowing pilot-owner to do this inspection. 
The U.S. regulatory system will not allow a pilot-owner to accomplish 
inspections on their gliders in accordance with Title 14 Code of 
Federal Regulations (CFR) part 43. Therefore, we will not revise the AD 
to account for the allowance in the foreign AD for the pilot-owner to 
accomplish the specified inspections.

Conclusion

    We reviewed the relevant data, considered the comment received, 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Schempp-Hirth Flugzeugbau GmbH 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 (published as a single document). In combination, this 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 the AD.

Costs of Compliance

    We estimate that this 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 AD.
    Based on these figures, we estimate the cost of this 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 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 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 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 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.

[[Page 74668]]

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:

2016-22-01 Schempp-Hirth Flugzeugbau: Amendment 39-18690; Docket No. 
FAA-2016-6123; Directorate Identifier 2016-CE-007-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 1, 
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 (2) of this AD:
    (1) Within the next 40 days after December 1, 2016 (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 (published as a single document).

    Note 1 to paragraph (f)(1) and (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 (published as 
a single document).

    Note 2 to paragraph (f)(2) of this AD: The 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) includes four German 
language drawings that you may use for additional information, but 
the drawings are not required to comply with this AD.

(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. The MCAI 
can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-6123-0002.

(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. 
(English translation: Technical Note No.) 349-39, 360-29, 825-55, 
863-22, dated January 29, 2016 (published as a single document); and
    (ii) 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 (published as a single document).

    Note 3 to paragraph (i)(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.

    (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 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. In addition, you can access this service information 
on the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2016-6123.
    (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 October 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25674 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-13-P