[Federal Register: August 20, 2003 (Volume 68, Number 161)]
[Rules and Regulations]
[Page 50055-50056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-CE-33-AD; Amendment 39-13282; AD 2003-16-51]
RIN 2120-AA64
Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Model
Duo-Discus Gliders
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain Schempp-Hirth (SCHEMPP-HIRTH) Flugzeugbau GmbH Model
Duo-Discus gliders. This AD requires you to accomplish a one-time
inspection of the bonding of the spar cap and spar web, and repair any
defective bonding of the spar cap and spar web. This AD is the result
of mandatory continuing airworthiness information (MCAI) issued by the
airworthiness authority for Germany. The actions specified by this AD
are intended to detect and correct failure of the bonding of the spar
cap and spar web, which if not detected and corrected, could result in
an in-flight failure of the wing.
DATES: The AD becomes effective August 20, 2003, to all affected
persons who did not receive emergency AD 2003-16-51, issued August 7,
2003. Emergency AD 2003-16-51 contained the requirements of this
amendment, and became effective immediately upon receipt and required
the actions prior to further flight.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the regulation as of August
20, 2003.
The Federal Aviation Administration (FAA) must receive any comments
on this rule on or before September 15, 2003.
ADDRESSES: Submit comments to FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2003-CE-33-AD, 901
Locust, Room 506, Kansas City, Missouri 64106. You may view any
comments at this location between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. You may also send comments
electronically to the following address: 9-ACE-7-Docket@faa.gov.
Comments sent electronically must contain ``Docket No. 2003-CE-33-AD''
in the subject line. If you send comments electronically as attached
electronic files, the files must be formatted in Microsoft Word 97 for
Windows or ASCII text.
You may view information related to this AD at FAA, Central Region,
Office of the Regional Counsel, Attention: Rules Docket No. 2003-CE-33-
AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office
of the Federal Register, 800 North Capitol Street, NW., Suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Gregory Davidson, Aerospace Engineer,
FAA, Small Airplane Directorate, Room 301, 901 Locust, Kansas City,
Missouri 64106; telephone: (816) 329-4130; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
What Has Happened So Far?
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, recently notified FAA that an unsafe condition may exist
on certain SCHEMPP-HIRTH Model Duo-Discus gliders. The LBA reports an
in-flight failure of the wing structure at maneuvering loads. Initial
analysis indicates failure in the bonding of the spar cap and spar web.
SCHEMPP-HIRTH has received additional reports of bonding problems
of the spar cap and spar web.
SCHEMPP-HIRTH has issued service information regarding this
subject:
[sbull] Technical Note No. 396-8/No. 890-3, dated August 1, 2003;
and
[sbull] Appendix to Technical Note No. 396-8/No. 890-3, dated
August 1, 2003.
On January 27, 2003, FAA issued emergency AD 2003-16-51 to require
you to inspect the bonding of the spar cap and spar web; and repair any
defective bonding of the spar cap and spar web.
Why Is It Important To Publish this AD?
The FAA found that immediate corrective action was required, that
notice and opportunity for prior public comment were impracticable and
contrary to the public interest, and that good cause existed to make
the AD effective immediately by individual letters issued on August 7,
2003, to all known U.S. operators of certain SCHEMPP-HIRTH Duo-Discus
gliders. These conditions still exist, and the AD is published in the
Federal Register as an amendment to section 39.13 of the Federal
Aviation Regulations (14 CFR 39.13) to make it effective to all
persons.
How Does the Revision to 14 CFR Part 39 Affect This AD?
On July 10, 2002, FAA published a new version of 14 CFR part 39 (67
FR 47997, July 22, 2002), which governs FAA's AD system. This
regulation now includes material that relates to special flight
permits, alternative methods of compliance, and altered products. This
material previously was included in each individual AD. Since this
material is included in 14 CFR part 39, we will not include it in
future AD actions.
Comments Invited
How Do I Comment on This AD?
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, FAA invites your
comments on the rule. You may submit whatever written data, views, or
arguments you choose. You need to include the rule's docket number and
submit your comments to the address specified under the caption
ADDRESSES. We will consider all comments received on or before the
closing date specified above. We may amend this rule in light of
comments received. Factual information that supports your ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether we need to take additional rulemaking
action.
Are There Any Specific Portions of the AD I Should Pay Attention To?
We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. You may view all comments we receive
before and after the closing date of the rule in the Rules Docket. We
will file a report in the Rules Docket that summarizes each FAA
[[Page 50056]]
contact with the public that concerns the substantive parts of this AD.
How Can I Be Sure FAA Receives My Comment?
If you want us to acknowledge the receipt of your written comments,
you must include a self-addressed, stamped postcard. On the postcard,
write ``Comments to Docket No. 2003-CE-33-AD.'' We will date stamp and
mail the postcard back to you.
Regulatory Impact
Does This AD Impact Various Entities?
These regulations 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. Therefore, FAA has determined that this
final rule does not have federalism implications under Executive Order
13132.
Does This AD Involve a Significant Rule or Regulatory Action?
We have determined that this regulation is an emergency regulation
that must be issued immediately to correct an unsafe condition in
aircraft, and is not a significant regulatory action under Executive
Order 12866. It has been determined further that this action involves
an emergency regulation under DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979). If it is determined that this
emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new airworthiness directive (AD)
to read as follows:
2003-16-51 Schempp-Hirth Flugzeugbau GmbH: Docket No. 2003-CE-33-AD.
(a) What gliders are affected by this AD? This AD applies to
Model Duo-Discus gliders, serial numbers 165 through 389, that are
certificated in any category.
(b) Who must comply with this AD? Anyone who wishes to operate
any of the gliders identified in paragraph (a) of this AD must
comply with this AD.
(c) What problem does this AD address? This AD is intended to
detect and correct failure of the bonding of the spar cap and spar
web, which if not detected and corrected, could result in an in-
flight failure of the wing.
(d) What must I do to address this problem? To address this
problem, you must accomplish the following actions:
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Actions Compliance Procedures
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(1) Inspect the bonding Prior to further In accordance with
between the spar cap and flight after August SCHEMPP-HIRTH
the spar web for defects. 20, 2003 (the Flugzeugbau for
effective date of GmbH. Hircheim/Teck
this AD), except Technical Note No.
that this action 396-8, No. 890-3,
was required prior dated August 1,
to further flight 2003; and SCHEMPP-
after receipt those HIRTH Flugzeugbau
who received GmbH. Hircheim/Teck
emergency AD 2003- Appendix to
16-51, which was Technical Note No.
issued on August 7, 396-8/No. 890-3,
2003. dated August 1,
2003.
(2) Repair any defect in the Prior to further In accordance with
bonding between the spar flight after the SCHEMPP-HIRTH
cap and the spar web, as inspection required Flugzeugbau GmbH.
specified in the service by paragraph (d)(1) Hircheim/Teck
information. of this AD. Technical Note No.
396-8, No. 890-3,
dated August 1,
2003; and SCHEMPP-
HIRTH Flugzeugbau
GmbH. Hircheim/Teck
Appendix to
Technical Note No.
396-8/No. 890-3,
dated August 1,
2003.
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(e) Can I comply with this AD in any other way? To use an
alternative method of compliance or adjust the compliance time,
follow the procedures in 14 CFR 39.19. Send these requests to the
Manager, Standards Office, Small Airplane Directorate. For
information on any already approved alternative methods of
compliance, contact Gregory Davidson, Aerospace Engineer, FAA, Small
Airplane Directorate, Room 301, 901 Locust, Kansas City, Missouri
64106; telephone: (816) 329-4130; facsimile: (816) 329-4090.
(f) Are special flight permits allowed? No. Special flight
permits are not allowed by this AD. The FAA has determined that the
safety issue is severe enough that the gliders must be free of
bonding defects in the spar area before further operation.
(g) Are any service bulletins incorporated into this AD by
reference? Actions required by this AD must be done in accordance
with SCHEMPP-HIRTH Flugzeugbau GmbH. Hircheim/Teck Technical Note
No. 396-8, No. 890-3, dated August 1, 2003; and SCHEMPP-HIRTH
Flugzeugbau GmbH. Hircheim/Teck Appendix to Technical Note No. 396-
8/No. 890-3, dated August 1, 2003. The Director of the Federal
Register approved this incorporation by reference under 5 U.S.C.
552(a) and 1 CFR part 51. You can get copies from Schempp-Hirth
Flugzeugbau GmbH, Postfach 1443, 73222 Kircheim/Teck, Federal
Republic of Germany; telephone: 49 7021 7298-0; facsimile: 49 7021
7298-199. You may view copies at FAA, Central Region, Office of the
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(h) When does this AD become effective? This AD becomes
effective August 20, 2003, to all affected persons who did not
receive emergency AD 2003-16-51, issued August 7, 2003. Emergency AD
2003-16-51 contained the requirements of this amendment and became
effective immediately upon receipt and required the actions before
further flight.
Note: The subject of this AD is addressed in German AD Number
2003-246/2, dated August 1, 2003.
Issued in Kansas City, Missouri, on August 12, 2003.
Diane K. Malone,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-21152 Filed 8-19-03; 8:45 am]
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