FR Doc 04-26640

[Federal Register: December 9, 2004 (Volume 69, Number 236)]
[Rules and Regulations]
[Page 71353-71356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de04-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19556; Directorate Identifier 2004-CE-37-AD;
Amendment 39-13887; AD 2004-24-11]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Model
Duo-Discus Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Schempp-Hirth (SCHEMPP-HIRTH) Flugzeugbau GmbH Model Duo-Discus
gliders. This AD requires you to do 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 wing
failure.

DATES: This AD becomes effective on December 30, 2004.
As of December 30, 2004, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.

[[Page 71354]]

We must receive any comments on this AD by January 3, 2005.

ADDRESSES: Use one of the following to submit comments on this AD:
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
To get the service information identified in this AD, contact
Schempp-Hirth Flugzeugbau GmbH, Postfach 1443, 73222 Kircheim/Teck,
Federal Republic of Germany; telephone: 49 7021 7298-0; facsimile: 49
7021 7298-199.
To view the comments to this AD, go to http://dms.dot.gov. The

docket number is FAA-2004-19556.

FOR FURTHER INFORMATION CONTACT: Gregory Davison, 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 events have caused this AD? The Luftfahrt-Bundesamt (LBA),
which is the airworthiness authority for Germany, reported to FAA that
an in-flight failure of the wing structure at maneuvering loads had
occurred on a SCHEMPP-HIRTH Model Duo-Discus glider within the serial
number range of 165 through 389. Analysis indicated failure in the
bonding of the spar cap and spar web.
This condition caused us to issue AD 2003-16-51, Amendment 39-13282
(68 FR 50055, August 20, 2003). AD 2003-16-51 requires you to do 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.
The LBA notified us of additional reports of bonding problems of
the spar cap and spar web on Model Duo-Discus gliders, serial numbers 1
through 164.
What is the potential impact if FAA took no action? This condition,
if not detected and corrected, could cause the spar cap and spar web to
fail. This failure could result in an in-flight wing failure.
Is there service information that applies to this subject? SCHEMPP-
HIRTH has issued Technical Note No. 396-9, dated January 30, 2004, and
Appendix to Technical Note No. 396-9, dated January 30, 2004.
What are the provisions of this service information? This service
information includes procedures for:

--Inspecting the bonding of the spar cap and spar web; and
--Repairing any defective bonding of the spar cap and spar web.

What action did the LBA take? The LBA classified this service
information as mandatory and issued German AD Number D-2004-084, dated
February 4, 2004, to ensure the continued airworthiness of these
gliders in Germany.
Did the LBA inform the United States under the bilateral
airworthiness agreement? These SCHEMPP-HIRTH Model Duo-Discus gliders
are manufactured in Germany and are type-certificated for operation in
the United States under the provisions of section 21.29 of the Federal
Aviation Regulations (14 CFR 21.29) and the applicable bilateral
airworthiness agreement.
Under this bilateral airworthiness agreement, the LBA has kept us
informed of the situation described above.

FAA's Determination and Requirements of This AD

What has FAA decided? We have examined the LBA's findings, reviewed
all available information, and determined that we need to issue an AD
for products of this type design that are certificated for operation in
the United States.
Since the unsafe condition described previously is likely to exist
or develop on these SCHEMPP-HIRTH Model Duo-Discus gliders (serial
numbers 1 through 164) of the same type design that are registered in
the United States, we are issuing this AD 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 wing failure.
What does this AD require? This AD requires you to incorporate the
actions in the previously-referenced service bulletin.
How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, we 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 altered products, special flight permits, and
alternative methods of compliance. 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

Will I have the opportunity to comment before you issue the rule?
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to submit any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include the docket number, ``FAA-2004-19556;
Directorate Identifier 2004-CE-37-AD'' at the beginning of your
comments. We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD.
Using the search function of our docket Web site, anyone can find
and read the comments received into any of our dockets, including the
name of the individual who sent the comment (or signed the comment on
behalf of an association, business, labor union, etc.). This is docket
number FAA-2004-19556. You may review the DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477-78), or you may visit http://dms.dot.gov.

Are there any specific portions of this AD I should pay attention
to? We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. If you contact
us through a nonwritten communication and that contact relates to a
substantive part of this AD, we will summarize the contact and place
the summary in the docket. We will consider all comments received by
the closing date and may amend this AD in light of those comments and
contacts.

Docket Information

Where can I go to view the docket information? You may view the AD
docket that contains the AD, any comments received, and any final
disposition in person at the DMS Docket Offices between 9 a.m. and 5
p.m. (eastern standard time), Monday through Friday, except Federal
holidays. The Docket Office (telephone 1-800-647-5227) is located on
the plaza level

[[Page 71355]]

of the Department of Transportation NASSIF Building at the street
address stated in ADDRESSES. You may also view the AD docket on the
Internet at http://dms.dot.gov. The comments will be available in the

AD docket shortly after the DMS receives them.

Regulatory Findings

Will this AD impact various entities? We have 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.
Will this AD involve a significant rule or regulatory action? For
the reasons discussed above, I certify that 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); and
3. 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.
We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary by
sending a request to us at the address listed under ADDRESSES. Include
``Docket No. FAA-2004-19556; Directorate Identifier 2004-CE-37-AD'' in
your request.
This rulemaking is promulgated under the authority in Subtitle VII,
Part A, Subpart III, Section 44701, General requirements. Under that
section, the FAA is charged with prescribing minimum standards required
in the interest of safety for the design of aircraft. This regulation
is within the scope of that authority since it corrects an unsafe
condition in the design of the aircraft caused by defective bonding of
the spar cap to the spar web.

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. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):

2004-24-11 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-13887;
Docket No. FAA-2004-19556; Directorate Identifier 2004-CE-37-AD.

When Does This AD Become Effective?

(a) This AD becomes effective on December 30, 2004.

Are Any Other ADs Affected by This Action?

(b) None.

What Gliders Are Affected by This AD?

What Is the Unsafe Condition Presented in This AD?

(d) 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.

What Must I Do To Address This Problem?

(e) To address this problem, you must do the following, unless
already done:

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Actions Compliance Procedures
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(1) Inspect the bonding Within the next 10 Follow SCHEMPP-HIRTH
between the spar cap and hours time-in- Flugzeugbau GmbH.
the spar web for defects. service (TIS) after Kircheim/Teck
December 30, 2004 Technical Note No.
(the effective date 396-9, dated
of this AD). January 30, 2004;
and SCHEMPP-HIRTH
Flugzeugbau GmbH.
Kircheim/Teck
Appendix to
Technical Note No.
396-9, dated
January 30, 2004.
(2) Repair any defect in the Prior to further Follow SCHEMPP-HIRTH
bonding between the spar flight after the Flugzeugbau GmbH.
cap and the spar web. inspection required Kircheim/Teck
by paragraph (e)(1) Technical Note No.
of this AD. 396-9, dated
January 30, 2004;
SCHEMPP-HIRTH
Flugzeugbau GmbH.
Kircheim/Teck
Appendix to
Technical Note No.
396-9, dated
January 30, 2004;
and the applicable
maintenance manual.
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May I Request an Alternative Method of Compliance?

(f) You may request a different method of compliance or a
different compliance time for this AD by following the procedures in
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to
your principal inspector. The principal inspector may add comments
and will send your request to the Manager, Standards Office, Small
Airplane Directorate, FAA. For information on any already approved
alternative methods of compliance, contact Gregory Davison,
Aerospace Engineer, FAA, Small Airplane Directorate, Room 301, 901
Locust, Kansas City, Missouri 64106; telephone: (816) 329-4130;
facsimile: (816) 329-4090.

Is There Other Information That Relates to This Subject?

(g) German AD Number D-2004-084, dated February 4, 2004, also
addresses the subject of this AD.

Does This AD Incorporate Any Material by Reference?

(h) You must do the actions required by this AD following the
instructions in SCHEMPP-HIRTH Flugzeugbau GmbH. Kircheim/Teck
Technical Note No. 396-9, dated January 30, 2004; and SCHEMPP-HIRTH
Flugzeugbau GmbH. Kircheim/Teck Appendix to Technical Note No. 396-
9, dated January 30, 2004. The Director of the Federal Register
approved the incorporation by reference of this service bulletin in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of
this service information, contact Schempp-Hirth Flugzeugbau GmbH,
Postfach 1443, 73222 Kircheim/Teck, Federal Republic of Germany;
telephone: 49 7021 7298-0; facsimile: 49 7021 7298-199. To review
copies of this service information, go to the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
or call

(202) 741-6030. To view the AD docket, go to the Docket Management
Facility; U.S. Department of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on

[[Page 71356]]

dms.dot.gov. The docket number is FAA-2004-19556.

Issued in Kansas City, Missouri, on November 26, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-26640 Filed 12-8-04; 8:45 am]

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