[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