FR Doc 04-8793

[Federal Register: April 22, 2004 (Volume 69, Number 78)]
[Rules and Regulations]
[Page 21699-21701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap04-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-59-AD; Amendment 39-13581; AD 2004-08-12]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Models
Ventus-2a, Ventus-2b, Discus-2a, and Discus-2b Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all
Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Models Ventus-2a,
Ventus-2b, Discus-2a, and Discus-2b sailplanes. This AD requires you to
inspect and modify the elevator mass balance. For Models Discus-2a and
Discus-2b sailplanes only, this AD also requires you to replace the
elevator pushrod. This AD is the result of mandatory continuing
airworthiness information (MCAI) issued by the airworthiness authority
for Germany. We are issuing this AD to detect and correct problems
within the sailplane elevator control system before they lead to
flutter and sailplane instability. This could eventually result in loss
of sailplane control.

DATES: This AD becomes effective on June 4, 2004.
As of June 4, 2004, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in the
regulation.

ADDRESSES: You may get the service information identified in this AD
from Schempp-Hirth Flugzeugbau GmbH, Postfach 14 43, D-73230 Kirchheim/
Teck, Germany; telephone : 011 49 7021 7298-0; facsimile: 011 49 7021
7298-199.
You may view the AD docket at FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2003-CE-59-AD, 901
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m.
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, 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, recently notified FAA
that an unsafe condition may exist on Schempp-Hirth Models Ventus-2a,
Ventus-2b, Discus-2a, and Discus-2b sailplanes. The LBA reports that
the potential exists for elevator mass balance problems on the
referenced sailplanes.
What is the potential impact if FAA took no action? Elevator mass
balance problems, if not detected and corrected, could lead to flutter
and sailplane instability. This could eventually result in loss of
sailplane control.
Has FAA taken any action to this point? We issued a proposal to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to
include an AD that would apply to all Schempp-Hirth Flugzeugbau GmbH
(Schempp-

[[Page 21700]]

Hirth) Models Ventus-2a, Ventus-2b, Discus-2a, and Discuss-2b
sailplanes. This proposal was published in the Federal Register as a
notice of proposed rulemaking (NPRM) on February 17, 2004 (69 FR 7380).
The NPRM proposed to require you to inspect and modify the elevator
mass balance. For Models Discus-2a and Discus-2b sailplanes only, this
proposed AD would also require you to replace the elevator pushrod.

Comments

Was the public invited to comment? We provided the public the
opportunity to participate in developing this AD. We received no
comments on the proposal or on the determination of the cost to the
public.

Conclusion

What is FAA's final determination on this issue? We have carefully
reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed except for minor
editorial corrections. We have determined that these minor corrections:

--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.

Changes to 14 CFR Part 39--Effect on the AD

How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997,
July 22, 2002), which governs the 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.

Costs of Compliance

How many sailplanes does this AD impact? We estimate that the
actions specified in Schempp-Hirth Technical Note No. 360-19 would
affect 15 sailplanes in the U.S. registry and the actions specified in
Schempp-Hirth Technical Note No. 349-28 would affect 51 sailplanes in
the U.S. registry.
What is the cost impact of this AD on owners/operators of the
affected sailplanes? We estimate the following costs to accomplish the
following actions:

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Total cost Total cost
Affected technical note Labor cost Parts cost per U.S.
sailplane operators
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No. 360-19....................... 17 workhours at $65 per $135 per sailplane...... $1,240 $18,600
hour = $1,105.
No. 349-28....................... 4 workhours at $65 per No cost for parts....... 260 13,260
hour = $260.
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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
``AD Docket No. 2003-CE-59-AD'' in your request.

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 AD to read as follows:

2004-08-12 Schempp-Hirth Flugzeugbau Gmbh: Amendment 39-13581;
Docket No. 2003-CE-59-AD.

When Does This AD Become Effective?

(a) This AD becomes effective on June 4, 2004.

What Other ADs Are Affected by This Action?

(b) None.

What Sailplanes Are Affected by This AD?

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Group Models Serial Nos.
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(1) Group 1 Sailplanes...... Discus-2a and Discus- 13 through 22, 24,
2b sailplanes that 27, 30 through 48,
do not have Shempp- 50, 51, 53, 54, 55,
Hirth Technical 57 through 63, 65,
Note No. 360-16 67, 68, 71 through
incorporated. 79, 81, and 82.
(2) Group 2 Sailplanes...... Ventus-2a, Ventus- Ventus-2a and Ventus-
2b, Discus-2a, and 2b: 1, 2, 31, 32,
Discus-2b 48, 54, 71, 117,
sailplanes. 124 through 151,
and 153; and all
serial numbers that
incorporate
Modification
Bulletin 349-42 or
are equipped with a
new tail unit per
Shempp-Hirth
Technical Note No.
349-27. Discus-2a
and Discus-2b: 1
through 185, 187,
188, and 189.
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[[Page 21701]]

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 of this AD are intended to detect and correct
problems within the sailplane elevator control system before they
lead to flutter and sailplane instability. This could eventually
result in loss of sailplane control.

What Must I Do To Address This Problem?

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

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Actions Compliance Procedures
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(1) For Group 1 sailplanes: Within the next 25 Follow Schempp-Hirth
Add a mass balance to the hours time-in- Technical Note No.
elevators and install an service (TIS) after 360-19, dated
elevator pushrod in the June 4, 2004 (the December 20, 2002
vertical fin. effective date of (LBA-approved
this AD), unless January 18, 2003).
already done.
(2) For Group 2 sailplanes: Within the next 25 Follow Schempp-Hirth
Modify the mass balance hours TIS after Technical Note No.
weights. June 4, 2004 (the 349-28, No. 360-20,
effective date of and No. 863-8
this AD), unless (including
already done. appendix), dated
September 16, 2003
(LBA-approved
September 23,
2003).
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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 Greg Davison, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4130; facsimile:
(816) 329-4090.

Does This AD Incorporate Any Material by Reference?

(g) You must do the actions required by this AD following the
instructions in Schempp-Hirth Technical Note No. 360-19, dated
December 20, 2002 (LBA-approved January 18, 2003); and Schempp-Hirth
Technical Note No. 349-28, No. 360-20, and No. 863-8 (including
appendix), dated September 16, 2003 (LBA-approved September 23,
2003). 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. You may get a copy from
Schempp-Hirth Flugzeugbau GmbH, Postfach 14 43, D-73230 Kirchheim/
Teck, Germany; telephone: 011 49 7021 7298-0; facsimile: 011 49 7021
7298-199. You may review copies at FAA, Central Region, Office of
the Regional Counsel, 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.

Is There Other Information That Relates to This Subject?

(h) German AD No. 2003-048, effective date: March 6, 2003, and
German AD No. 2003-280, effective date: October 2, 2003, also
address the subject of this AD.

Issued in Kansas City, Missouri, on April 13, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-8793 Filed 4-21-04; 8:45 am]

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