Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Rules and Regulations 69113 

responsibilities among the various 

levels of government. 

For the reasons discussed, I certify 

that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; 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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2015–23–02 Agusta S.p.A.: Amendment 39– 

18318; Docket No. FAA–2015–3969; 

Directorate Identifier 2014–SW–010–AD. 

(a) Applicability 

This AD applies to Model AB412 

helicopters with a hydraulic external hoist 

part number BL10300–60 installed, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

failure of a hydraulic external hoist pressure 

line pump. This condition, if not detected 

and prevented, could result in loss of 

hydraulic pressure and subsequent injury to 

persons being lifted in the hoist. 

(c) Effective Date 

This AD becomes effective November 24, 

2015. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

Within 10 hours time-in-service (TIS) and 

thereafter at intervals not to exceed 25 hours 

TIS: 

(1) Inspect the hydraulic external hoist 

pressure line filter for metal particles. 

(2) If there are any metal particles, before 

further flight, flush the utility hydraulic 

system, replace the pressure line pump, and 

replace the filter. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Matt Wilbanks, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; email 9-asw-ftw-amoc-requests@

faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

(1) AgustaWestland Bollettino Tecnico No. 

412–140, dated March 11, 2014, which is not 

incorporated by reference, contains 

additional information about the subject of 

this AD. For service information identified in 

this AD, contact AgustaWestland, Product 

Support Engineering, Via del Gregge, 100, 

21015 Lonate Pozzolo (VA) Italy, ATTN: 

Maurizio D’Angelo; telephone 39–0331– 

664757; fax 39–0331–664680; or at http://

www.agustawestland.com/technicalbulletins. You may review a copy of the 

service information at the FAA, Office of the 

Regional Counsel, Southwest Region, 10101 

Hillwood Pkwy., Room 6N–321, Fort Worth, 

TX 76177. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2014–0063–E, dated March 12, 2014. You 

may view the EASA AD on the Internet at 

http://www.regulations.gov by searching for 

and locating it in Docket No. FAA–2015– 

3969. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2550, Cargo Compartments. 

Issued in Fort Worth, Texas, on October 30, 

2015. 

James A. Grigg, 

Acting Assistant Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–28314 Filed 11–6–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–3224; Directorate 

Identifier 2015–CE–026–AD; Amendment 

39–18290; AD 2015–20–11] 

RIN 2120–AA64 

Airworthiness Directives; SchemppHirth Flugzeugbau GmbH Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to certain Schempp-Hirth 

Flugzeugbau GmbH Models Duo Discus 

and Duo Discus T gliders. The Model 

Duo Discus gliders were incorrectly 

referenced as powered sailplanes in the 

Applicability section. This document 

corrects that error and refers to both 

models as just gliders as in previous 

ADs. In all other respects, the original 

document remains the same; however 

we are publishing the entire rule in the 

Federal Register. 

DATES: This final rule is effective 

November 18, 2015. 

ADDRESSES: 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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

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 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: 

Airworthiness Directive 2015–20–11, 

Amendment 39–18290 (80 FR 61722, 

October 14, 2015), currently requires 

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. 


Lhorne on DSK5TPTVN1PROD with RULES
69114 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Rules and Regulations 

As published, the Model Duo Discus 

gliders were incorrectly referenced as 

powered sailplanes in the Applicability 

section. This could cause confusion 

because the Model Duo Discus does not 

have an engine. This document corrects 

that error and refers to both models as 

just gliders as in previous ADs. 

Although no other part of the 

preamble or regulatory information has 

been corrected, we are publishing the 

entire rule in the Federal Register. 

The effective date of this AD remains 

November 18, 2015. 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2015–20–11 Schempp-Hirth Flugzeugbau 

GmbH: Amendment 39–18290; Docket 

No. FAA–2015–3224; Directorate 

Identifier 2015–CE–026–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective on November 18, 2015. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Schempp-Hirth 

Flugzeugbau GmbH Model Duo Discus 

gliders, serial numbers 1 through 639, and 

Model Duo Discus T gliders, 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 November 18, 2015 

(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 

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 November 18, 2015 (the effective date of 

this AD), replace each of 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 November 18, 2015 (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 glider 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/

#!documentDetail;D=FAA-2015-3224-0002. 

(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 

Technical Note No. 380 –2/396–17/868–22/

890–14, Revision 1, issued July 13, 2015 

(published as a single document). 

(ii) 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) For Schempp-Hirth Flugzeugbau GmbH 

service information identified in this AD, 

contact Schempp-Hirth Flugzeugbau GmbH, 


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Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Rules and Regulations 69115 

1The regulatory provisions in this part have been 

written and organized to be consistent with other 

whistleblower regulations promulgated by OSHA to 

the extent possible within the bounds of the 

statutory language of NTSSA and FRSA. 

Responsibility for receiving and investigating 

complaints under NTSSA and FRSA has been 

delegated to the Assistant Secretary for 

Occupational Safety and Health. Secretary’s Order 

01–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012). 

Hearings on determinations by the Assistant 

Secretary are conducted by the Office of 

Administrative Law Judges, and appeals from 

decisions by ALJs are decided by the ARB. 

Secretary of Labor’s Order No. 2–2012 (Oct. 19, 

2012), 77 FR 69378 (Nov. 16, 2012). 

Krebenstrasse 25, 73230 Kirchheim/Teck, 

Germany; telephone: +49 7021 7298–0; fax: 

+49 7021 7298–199; email: info@schempphirth.com; Internet: http://www.schempphirth.com. 

(4) You may view this 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. In 

addition, you can access this service 

information on the Internet at http://

www.regulations.gov by searching for and 

locating Docket No. FAA–2015–3224. 

(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/ibrlocations.html. 

Issued in Kansas City, Missouri, on 

November 2, 2015. 

Melvin Johnson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–28339 Filed 11–6–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1982 

[Docket Number: OSHA–2008–0027] 

RIN 1218–AC36 

Procedures for the Handling of 

Retaliation Complaints Under the 

National Transit Systems Security Act 

and the Federal Railroad Safety Act 

AGENCY: Occupational Safety and Health 

Administration, Labor. 

ACTION: Final rule. 

SUMMARY: This document provides the 

final text of regulations governing the 

employee protection provisions of the 

National Transit Systems Security Act 

(NTSSA), enacted as Section 1413 of the 

Implementing Recommendations of the 

9/11 Commission Act of 2007 (9/11 

Commission Act), and the Federal 

Railroad Safety Act (FRSA), as amended 

by Section 1521 of the 9/11 Commission 

Act. The 9/11 Commission Act was 

enacted into law on August 3, 2007. 

FRSA was amended further in 2008. An 

interim final rule establishing 

procedures for these provisions and a 

request for public comment was 

published in the Federal Register on 

August 31, 2010. Ten comments were 

received. This rule responds to those 

comments and establishes the final 

procedures and time frames for the 

handling of retaliation complaints under 

NTSSA and FRSA, including 

procedures and time frames for 

employee complaints to the 

Occupational Safety and Health 

Administration (OSHA), investigations 

by OSHA, appeals of OSHA 

determinations to an administrative law 

judge (ALJ) for a hearing de novo, 

hearings by ALJs, review of ALJ 

decisions by the Administrative Review 

Board (ARB) (acting on behalf of the 

Secretary of Labor), and judicial review 

of the Secretary of Labor’s final 

decision. 

DATES: This final rule is effective on 

November 9, 2015. 

FOR FURTHER INFORMATION CONTACT: Rob 

Swick, Directorate of Whistleblower 

Protection Programs, Occupational 

Safety and Health Administration, U.S. 

Department of Labor, Room N–4618, 

200 Constitution Avenue NW., 

Washington, DC 20210; telephone (202) 

693–2199 (this is not a toll-free 

number); email OSHA.DWPP@dol.gov. 

This Federal Register document is 

available in alternative formats. The 

alternative formats available are large 

print, electronic file on computer disk 

(Word Perfect, ASCII, Mates with 

Duxbury Braille System) and audiotape. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NTSSA, which was enacted by the 

9/11 Commission Act, establishes 

employee protection provisions for 

public transportation agency employees 

who engage in whistleblowing activities 

pertaining to public transportation 

safety or security (or, in circumstances 

covered by the statute, employees 

perceived to have engaged or to be about 

to engage in protected activity). See 

Public Law 110–53, Title XIV, § 1413, 

121 Stat. 414 (2007) (NTSSA, codified at 

6 U.S.C. 1142). 

FRSA, which was amended by the 

9/11 Commission Act, establishes 

employee protection provisions for 

railroad carrier employees who engage 

in whistleblowing activities pertaining 

to railroad safety or security (or, in 

circumstances covered by the statute, 

employees perceived to have engaged or 

to be about to engage in protected 

activity). Public Law 110–53, Title XV, 

§ 1521, 121 Stat. 444 (2007) (FRSA, 

codified at 49 U.S.C. 20109). FRSA, as 

further amended in 2008, establishes 

whistleblower provisions for railroad 

carrier employees who are retaliated 

against for requesting medical or first 

aid treatment, or for following orders or 

a treatment plan of a treating physician. 

See Public Law 110–432, Div. A, Title 

IV, § 419, 122 Stat. 4892 (Oct. 16, 2008) 

(FRSA, codified at 49 U.S.C. 

20109(c)(2)). The 2008 FRSA 

amendments also prohibit railroad 

carriers and other covered persons from 

denying, delaying, or interfering with 

the medical or first aid treatment of an 

employee, and require that an injured 

employee be promptly transported to 

the nearest hospital upon request. 49 

U.S.C. 20109(c)(1). These rules establish 

final procedures for the handling of 

whistleblower complaints under NTSSA 

and FRSA. 

II. Summary of Statutory Procedures 

Prior to the 9/11 Commission Act 

amendment of FRSA, whistleblower 

retaliation complaints by railroad carrier 

employees were subject to mandatory 

dispute resolution pursuant to the 

Railway Labor Act (45 U.S.C. 151 et 

seq.), which included whistleblower 

proceedings before the National 

Railroad Adjustment Board, as well as 

other dispute resolution procedures. 

The amendment changed the 

procedures for resolution of such 

complaints and transferred the authority 

to implement the whistleblower 

provisions for railroad carrier 

employees to the Secretary of Labor 

(Secretary). 

The procedures for filing and 

adjudicating whistleblower complaints 

under NTSSA and FRSA, as amended, 

are generally the same.1 FRSA provides 

that the rules and procedures set forth 

in the Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century (AIR 21), 49 U.S.C. 42121(b), 

govern in FRSA actions, 49 U.S.C. 

20109(d)(2). AIR 21’s rules and 

procedures are very similar to the 

procedures provided in NTSSA, 6 

U.S.C. 1142(c). The NTSSA and FRSA 

whistleblower provisions include 

procedures that allow a covered 

employee to file, within 180 days of the 

alleged retaliation, a complaint with the 

Secretary. Upon receipt of the 

complaint, the Secretary must provide 

written notice to the person or persons 

named in the complaint alleged to have 

violated NTSSA or FRSA (respondent) 

of the filing of the complaint, the 


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