[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Proposed Rules]
[Pages 70580-70582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19476]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / 
Proposed Rules  

[[Page 70580]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2135; Project Identifier MCAI-2024-00157-G]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus 
T gliders. This proposed AD was prompted by reports of gliders' 
canopies opening during air tow. This proposed AD would require 
modifying the canopy locking mechanism. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by October 15, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2135; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Schempp-Hirth Flugzeugbau GmbH material identified in 
this proposed AD, contact Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 
25, Kirchheim unter Teck, Germany; phone: +49 7021 7298-0; email: 
hirth.com">info@schempp-hirth.com; website: schempp-hirth.com.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 
231-2346; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2024-2135; Project Identifier 
MCAI-2024-00157-G'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Fred 
Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2024-0059, dated March 5, 2024 (also referred to as the MCAI), 
to correct an unsafe condition on all Schempp-Hirth Flugzeugbau GmbH 
Model Duo Discus, Duo Discus T, Nimbus-4D, and Nimbus-4DT/DM sailplanes 
(gliders). The MCAI states that occurrences have been reported of the 
canopy opening during air tow on the Model Duo Discus and Nimbus 
gliders. The investigation concluded that the fuselage could be 
temporarily deformed due to forces related to acceleration, which 
allowed the locking mechanism to move into the open position. The MCAI 
requires modifying the canopy locking mechanism. These conditions, if 
not addressed, could lead to the canopy opening in flight, resulting in 
loss of control of the glider.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2135.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Technical Note No. 
380-1, No. 396-6 dated July 27, 2004, with Appendix to Technical Note 
No. 380-1/396-6 attached (issued as one document); and Schempp-Hirth 
Flugzeugbau GmbH Technical Note No. 868-4, No. 890-5 dated February 23, 
2005, with Appendix to Technical Note No. 868-4/890-5 attached (issued 
as one document), which specify procedures for installing a compression

[[Page 70581]]

spring in the canopy locking mechanism, installing spring washers at 
the canopy actuating levers, and modifying the front actuating lever to 
include a magnet and applying a red mark to the front and aft inside 
the left canopy frame or installing a front actuating lever that has a 
magnet. This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and material referenced above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the material already described, except as discussed under 
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    While the MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model 
Nimbus-4D and Nimbus-4DT/DM gliders, this proposed AD does not because 
these models do not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 34 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Modify canopy locking mechanism...  2 work-hours x $85 per               $100             $270           $9,180
                                     hour = $170.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 airworthiness 
directive:

Schempp-Hirth Flugzeugbau GmbH: Docket No. FAA-2024-2135; Project 
Identifier MCAI-2024-00157-G.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 15, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Duo 
Discus and Duo Discus T gliders, all serial numbers, certificated in 
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5200, Doors; 5210, 
Passenger/Crew Doors.

(e) Unsafe Condition

    This AD was prompted by reports of gliders' canopies opening 
during air tow. The FAA is issuing this AD to address the canopy 
locking mechanism opening during flight. The unsafe condition, if 
not addressed, could lead to the canopy opening in flight, resulting 
in loss of control of the glider.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 12 months after the effective date of this AD, modify the 
canopy locking mechanism by installing a compression spring in the 
canopy locking mechanism, installing spring washers at the canopy 
actuating levers, modifying the front actuating lever to include a 
magnet and applying a red mark to the front and aft inside the left 
canopy frame; or installing a front actuating lever that has a 
magnet, in accordance with the applicable technical note specified 
in paragraph (g)(1) or (2) of this AD.
    (1) For Model Duo Discus gliders: Appendix to Technical Note No. 
380-1/396-6 attached to Schempp-Hirth Flugzeugbau GmbH Technical 
Note No. 380-1, No. 396-6 dated July 27, 2004 (issued as one 
document).
    (2) For Model Duo Discus T gliders: Appendix to Technical Note 
No. 868-4/890-5 attached to Schempp-Hirth Flugzeugbau GmbH Technical 
Note No. 868-4, No. 890-5 dated February 23, 2005 (issued as one 
document).

[[Page 70582]]

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (i) of 
this AD or email to: [email protected]. If mailing information, also 
submit information by email. Before using any approved AMOC, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding district office.

(i) Additional Information

    For more information about this AD, contact Fred Guerin, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (206) 231-2346; email: 
[email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 380-1, No. 
396-6 dated July 27, 2004, with Appendix to Technical Note No. 380-
1/396-6 attached (issued as one document).
    (ii) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 868-4, 
No. 890-5 dated February 23, 2005, with Appendix to Technical Note 
No. 868-4/890-5 attached (issued as one document).
    (3) For Schempp-Hirth Flugzeugbau GmbH material identified in 
this AD, contact Schempp-Hirth Flugzeugbau, Krebenstrasse 25, 
Kirchheim unter Teck, Germany; phone: +49 7021 7298-0; email: 
hirth.com">info@schempp-hirth.com; website: schempp-hirth.com.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on August 26, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-19476 Filed 8-29-24; 8:45 am]
BILLING CODE 4910-13-P