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[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Proposed Rules]
[Pages 46206-46208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18955]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / 
Proposed Rules

[[Page 46206]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3224; Directorate Identifier 2015-CE-026-AD]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH 
Sailplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Schempp-Hirth Flugzeugbau GmbH Models Duo Discus and Duo Discus T 
powered sailplanes. This proposed AD results from 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 excessive 
load on the air brake system. We are issuing this proposed AD to 
require actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 18, 
2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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">hirth.com">info@schempp-hirth.com; Internet: http://www.schempp-hirth.com. You may 
review this 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3224; 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 this proposed AD, 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.

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: 
jim.rutherford@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-3224; 
Directorate Identifier 2015-CE-026-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2015-0139R1, dated July 15, 2015 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Operational experience shows that application of an excessive 
load on the air brake system may induce damage to the drive funnels 
in the fuselage and to the air brake bellcrank at the root rips of 
the wing.
    This condition, if not detected and corrected, could lead to an 
uncontrolled actuation of the air brakes (symmetric and asymmetric), 
possibly resulting in reduced control of the (powered) sailplane.
    To address this potential unsafe condition, Schempp-Hirth 
Flugzeugbau GmbH issued Technical Note (TN) 380-2, 396-17, 868-22 
and 890-14 (published as a single document) to provide inspection 
instructions.
    Consequently EASA issued AD 2015-0139 to require to repetitive 
inspections of the air brake bellcrank, the air brake drive funnels 
and the airbrake control system, and replacement of damaged parts.
    Since that AD was issued, it was found that the drawing number 
of the reinforced air brake drive funnel was incorrectly stated in 
the original issue of the Schempp-Hirth TN. The wrongly referred 
drawing S14FB703 refers to an existing part, different from air 
brake drive funnel and cannot be installed as a replacement part for 
air brake drive funnel. Consequently, Schempp-Hirth Flugzeugbau GmbH 
issued Revision 1 of TN 380-2, 396-17, 868-22 and 890-14, hearafter 
referenced to as `the revised TN' in this AD.
    For the reasons described above, this AD is revised to require 
using the revised TN.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2015-3224.

Related Service Information Under 1 CFR Part 51

    Schempp-Hirth Flugzeugbau GmbH has issued Technical Note No. 380-2/
396-17/868-22/890-14, Revision 1, issued July 13, 2015 (published as a 
single document), and Working instruction for Technical Note No. 380-2/
396-17/868-22/890-14, Ausgabe (English translation: Issue) 1, Datum 
(English translation: Dated) May 11, 2015. The service information 
describes

[[Page 46207]]

procedures for inspecting and replacing the airbrake bell crank and the 
airbrake drive funnels and inspecting the airbrake control system for 
proper clearance and making necessary adjustments. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD will affect 31 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic inspection requirements of this 
proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $5,270, or $170 per product.
    We estimate that it would take about 4 work-hours per product to 
comply with the airbrake bell crank replacement requirement of this 
proposed AD. The average labor rate is $85 per work-hour. Required 
parts would cost about $500 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $26,040, or $840 per product.
    We estimate that it would take about 4 work-hours per product to 
comply with the airbrake drive funnel replacement requirement of this 
proposed AD. The average labor rate is $85 per work-hour. Required 
parts would cost about $500 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $26,040, or $840 per product
    In addition, we estimate that any necessary follow-on actions to 
make any necessary adjustments to the airbrake control system would 
take about 2 work-hours for a cost of $170 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 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) 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.

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 AD:

Schempp-Hirth Flugzeugbau GmbH: Docket No. FAA-2015-3224; 
Directorate Identifier 2015-CE-026-AD.

(a) Comments Due Date

    We must receive comments by September 18, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Duo 
Discus powered sailplane, serial numbers 1 through 639, and Model 
Duo Discus T powered sailplanes, serial numbers 1 through 110 and 
112 through 247, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(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 excessive load 
on the air brake system. We are issuing this AD to prevent 
uncontrolled actuation of the air brakes (symmetric or asymmetric), 
which could result in reduced control.

 (f) Actions and Compliance

    Unless already done, do the actions in paragraph (f)(1) through 
(f)(5) of this AD.
    (1) Within 40 days after the effective date of this AD and 
repetitively thereafter at intervals not to exceed 100 hours time-
in-service until the terminating replacement action required in 
paragraphs (f)(2) and (f)(3) of this AD (as applicable) is done, 
inspect the airbrake bell crank, the airbrake drive funnels, and the 
airbrake control system.
    (i) Inspect the airbrake bell crank and the airbrake drive 
funnels for cracks and damage following Action 1 in Schempp-Hirth 
Flugzeugbau GmbH Technical Note No. 380-2/396-17/868-22/890-14, 
Revision 1, issued July 13, 2015 (published as a single document).
    (ii) Inspect the airbrake control system for proper clearance 
following Paragraph 2.d. of Schempp-Hirth Flugzeugbau GmbH Working 
instruction for Technical Note No. 380-2/396-17/868-22/890-14, 
Ausgabe (English translation: issue) 1, Datum (English translation: 
dated) May 11, 2015.
    (2) If cracks or damage is found on the airbrake bell cranks or 
the airbrake drive funnels during any inspection required in 
paragraph (f)(1) of this AD, before further flight, replace each 
cracked or damaged part

[[Page 46208]]

with a reinforced part. Installing a reinforced part terminates the 
repetitive inspections required in paragraph (f)(1) of this AD for 
that part.
    (i) For replacement of the airbrake bell cranks, follow Picture 
2: Reinforced version of airbrake bell crank according to HS 11-
50.016, Revision a or later, in Schempp-Hirth Flugzeugbau GmbH 
Working instruction for Technical Note No. 380-2/396-17/868-22/890-
14, Ausgabe (English translation: issue) 1, Datum (English 
translation: dated) May 11, 2015.
    (ii) For replacement of the airbrake drive funnels, follow 
Picture 5: Airbrake drive funnel in fuselage ``Reinforcement of 
airbrake drive funnel according to drawing S14RB703, Revision a, in 
Schempp-Hirth Flugzeugbau GmbH Working instruction for Technical 
Note No. 380-2/396-17/868-22/890-14, Ausgabe (English translation: 
issue) 1, Datum (English translation: dated) May 11, 2015.
    (3) If no cracks or damage were found on the airbrake bell 
cranks or the airbrake drive funnels during any inspection required 
in paragraph (f)(1) of this AD, within 12 months after the effective 
date of this AD, replace each the airbrake bell cranks and airbrake 
drive funnels with a reinforced part. These replacements terminate 
the repetitive inspections required in paragraph (f)(1) of this AD.
    (i) For replacement of the airbrake bell cranks, follow Picture 
2: Reinforced version of airbrake bell crank according to HS 11-
50.016, Revision a or later, in Schempp-Hirth Flugzeugbau GmbH 
Working instruction for Technical Note No. 380-2/396-17/868-22/890-
14, Ausgabe (English translation: issue) 1, Datum (English 
translation: dated) May 11, 2015.
    (ii) For replacement of the airbrake drive funnels, follow 
Picture 5: Airbrake drive funnel in fuselage, ``Reinforcement of 
airbrake drive funnel according to drawing S14RB703, Revision a,'' 
in Schempp-Hirth Flugzeugbau GmbH Working instruction for Technical 
Note No. 380-2/396-17/868-22/890-14, Ausgabe (English translation: 
issue) 1, Datum (English translation: dated) May 11, 2015.
    (4) If the airbrake control system is found to not have proper 
clearance during the inspection required in paragraph (f)(1) of this 
AD, before further flight, make all necessary corrective adjustments 
following Paragraph 2.d. of Schempp-Hirth Flugzeugbau GmbH Working 
instruction for Technical Note No. 380-2/396-17/868-22/890-14, 
Ausgabe (English translation: issue) 1, Datum (English translation: 
dated) May 11, 2015.
    (5) As of the effective date of this AD, only install an 
airbrake bell crank or an airbrake drive funnel that corresponds to 
Picture 2: Reinforced version of airbrake bell crank according to HS 
11-50.016, Revision a or later, and Picture 5: Airbrake drive funnel 
in fuselage, ``Reinforcement of airbrake drive funnel according to 
drawing S14RB703, Revision a,'' in Schempp-Hirth Flugzeugbau GmbH 
Working instruction for Technical Note No. 380-2/396-17/868-22/890-
14, Ausgabe (English translation: issue) 1, Datum (English 
translation: dated) May 11, 2015, as applicable.

(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: 
jim.rutherford@faa.gov. 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. 
2015-0139R1, dated July 15, 2015, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-3224. For service 
information related to 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">hirth.com">info@schempp-hirth.com; Internet: http://www.schempp-hirth.com. You may review 
this 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.

    Issued in Kansas City, Missouri, on July 28, 2015.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2015-18955 Filed 8-3-15; 8:45 am]
 BILLING CODE 4910-13-P
```