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[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Proposed Rules]
[Pages 45471-45473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18092]

========================================================================
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. 78, No. 145 / Monday, July 29, 2013 / 
Proposed Rules

[[Page 45471]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0661; Directorate Identifier 2013-CE-009-AD]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

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 Model Duo Discus T gliders. 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 the instructions provided to 
inspect the propeller hub and blades are insufficient for detecting 
cracks and/or other damage, and other operating instructions provided 
by the flight and maintenance manual are incorrect and insufficient. 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 12, 
2013.

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 copies of the 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; 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 MCAI, 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-2013-0661; 
Directorate Identifier 2013-CE-009-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://www.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.: 2013-0054, dated March 5, 2013 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    It was found that the accomplishment instructions provided to 
check the powered sailplane's propeller hub and blades were not 
sufficient to detect cracks and/or other damage. The results of a 
subsequent manual review revealed that some other operating 
instructions provided by the sailplane flight and maintenance manual 
were neither correct nor sufficient.
    This condition, if not corrected, could lead to operation of the 
powered sailplane outside its certified limits.
    To address this unsafe condition, EASA issued AD 2013-0012 to 
require amendment of sailplane flight- and maintenance manuals to 
correct the operating instruction deficiencies and inaccuracies and, 
for Arcus T sailplanes that had been repaired before the applicable 
maintenance manual update, an elevator or wing flap hinge moment 
weight check, as applicable.
    Since that AD was published, Schempp-Hirth Flugzeugbau GmbH 
determined that Action 3 of the accomplishment instructions of 
Technical Note (Technische Mitteilung) (TN) 890-13, referenced for 
Duo Discus T sailplanes, was incorrect for S/N 1 through 174. To 
correct this erroneous maintenance instruction, Schempp-Hirth 
Flugzeugbau GmbH issued TN 890-13 issue 2.
    For the reasons described above, this AD retains the 
requirements of EASA AD 2013-0012, which is superseded, and 
requires, for certain Duo Discus T powered sailplanes, the use of 
instructions as provided in TN 890-13 issue 2.

The MCAI requires exchange of flight manual pages (which introduces a 
repetitive inspection of the power plant), exchange of maintenance 
manual pages, exchange of cockpit placards, and transfer of weight and 
balance data. EASA AD No.: 2013-0054 supersedes EASA AD No. 2013-0012, 
dated January 15, 2013. No FAA action was taken on EASA AD No. 2013-
0012. You may obtain further information by examining the MCAI in the 
AD docket.

[[Page 45472]]

Relevant Service Information

    Schempp-Hirth Flugzeugbau GmbH has issued Technical Note No. 890-
13, 2nd issue, dated March 5, 2013, for all the affected serial 
numbers; Duo Discus T Flight Manual TN 890-13, Revision 12, dated 
November 2011, for serial numbers (S/N) 1 through 174; and Duo Discus T 
Flight Manual TN 890-13, Revision 2, dated November 2011, for S/N 175 
through 240. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

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 5 products of U.S. 
registry. We also estimate that it would take about 2.5 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $50 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $1,312.50, or $262.50 per product.
    In addition, we estimate that any necessary follow-on actions 
(replace any parts found with cracks and repair any damage) would take 
about 5 work-hours and require parts costing $3,840, for a cost of 
$4,265 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-2013-0661; 
Directorate Identifier 2013-CE-009-AD.

(a) Comments Due Date

    We must receive comments by September 12, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Duo 
Discus T gliders, serial numbers (S/N) 1 through 240, certificated 
in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 5: Time Limits.

(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 the instructions 
provided to inspect the propeller hub and blades are insufficient 
for detecting cracks and/or other damage, and other operating 
instructions provided by the flight and maintenance manual are 
incorrect and insufficient. We are issuing this AD to ensure that 
the instructions for inspecting the propeller hub and blades are 
sufficient to detect cracks and/or other damage and instructions of 
the flight and maintenance manual are correct and sufficient.

(f) Actions and Compliance

    Unless already done, do the following actions as specified in 
paragraphs (f)(1) through (f)(4) of this AD:
    (1) Within 30 days after the effective date of this AD, 
incorporate amended pages into the applicable FAA-approved sailplane 
flight manual (SFM), following Action 1 of Schempp-Hirth Flugzeugbau 
GmbH Technical Note No. 890-13, 2nd issue, dated March 5, 2013.
    (2) Within 60 days after the effective date of this AD, do the 
following actions in paragraphs (f)(2)(i), (f)(2)(ii), and 
(f)(2)(iii) of this AD:
    (i) Incorporate amended pages into the applicable FAA-approved 
SFM and sailplane maintenance manual (SMM), as applicable, following 
Action 2 and Action 3 of Schempp-Hirth Flugzeugbau GmbH Technical 
Note No. 890-13, 2nd issue, dated March 5, 2013.
    (ii) Install the amended cockpit placards following Action 4 of 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 890-13, 2nd issue, 
dated March 5, 2013. Replace previous placard as necessary.
    (iii) Transfer weight and balance data from weight and balance 
report into the weight and balance log sheet following Action 5 of 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 890-13, 2nd issue, 
dated March 5, 2013.
    (3) The actions required by paragraph (f)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD following 14 CFR Sec.  43.9 (a)(1)-
(4) and 14 CFR Sec.  91.417(a)(2)(v). The record must be maintained 
as required by 14 CFR Sec.  91.417, 121.380, or 135.439.
    (4) Initially within 30 days after the effective date of this AD 
and repetitively thereafter at intervals not to exceed 12 calendar 
months, visually inspect (pre-flight) the power plant (propeller hub 
and propeller blades) for cracks or other damage following:

[[Page 45473]]

    (i) S/N 1 through 174: the Visual inspection of the power plant 
section, page 4.3.3, step (4) c), of Schempp-Hirth Flugzeugbau GmbH 
Duo Discus T Flight Manual TN 890-13, Revision 12, dated November 
2011; or
    (ii) S/N 175 through 240: the Visual inspection of the power 
plant section, page 4.3.3, step (4) c), of Schempp-Hirth Flugzeugbau 
GmbH Duo Discus T Flight Manual TN 890-13, Revision 2, dated 
November 2011.
    (5) If any cracks or other damage is found during any inspection 
required by paragraph (f)(4) of this AD, before further flight, 
replace any parts found with cracks and repair any damage.

    Note 1 to paragraph (f) of this AD: This AD and the MCAI 
incorporate SFM revisions that call out daily pilot inspections of 
the power plant (propeller hub and propeller blades). The FAA is 
also requiring in this AD initial and annual repetitive inspections 
by a properly certificated aircraft mechanic.

(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.: 
2013-0054, dated March 5, 2013 which can be found in the AD docket 
on the Internet at http://www.regulations.gov; and Schempp-Hirth 
Flugzeugbau GmbH Duo Discus T Maintenance Manual TN 890-13, Revision 
16, dated November 2011, for S/N 1 through 174; and Schempp-Hirth 
Flugzeugbau GmbH Duo Discus T Maintenance Manual TN 890-13, Revision 
3, dated November 2011, for S/N 175 through 240, which can be 
obtained from the manufacturer specified in the next sentence. 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 copies of the 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 23, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-18092 Filed 7-26-13; 8:45 am]
BILLING CODE 4910-13-P
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