[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21980-21982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11880]



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


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-39-AD]
RIN 2120--AA64


Airworthiness Directives; H.B. Flugtechnik GmbH 23/2400 
Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain H.B. Flugtechnik GmbH (Flugtechnik) 
23/2400 sailplanes. The proposed action would require inspecting the 
rudder bearing support bracket for cracks, replacing the bracket if 
cracked, and modifying the bracket with a third bolt if no cracks are 
found. Cracks found in the rudder bearing support brackets during 
routine inspections prompted the proposed action. The actions specified 
by the proposed AD are intended to prevent cracks in the rudder bearing 
support bracket, which could cause loss of control of the rudder and 
possible loss of control of the sailplane.

DATES: Comments must be received on or before July 15, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-39-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from H.B. Flugtechnik GmbH, attn: Dr. Adolf Scharf STR, 42 P.F. 74, A-
4053, Haid, Austria. This information also may be examined at the Rules 
Docket at the address below. Send comments on the

[[Page 21981]]

proposal in triplicate to the Federal Aviation Administration (FAA), 
Central Region, Office of the Assistant Chief Counsel, Attention: Rules 
Docket No. 95-CE-39-AD, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106. Comments may be inspected at this location between 8 
a.m. and 4 p.m., Monday through Friday, holidays excepted.

FOR FURTHER INFORMATION CONTACT: Mr. Herman C. Belderok, Project 
Officer, Sailplanes/Gliders, Small Airplane Directorate, Aircraft 
Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6932; facsimile (816) 426- 2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 95-CE-39-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 95-CE-39-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The Austro Control GmbH (ACG), which is the airworthiness authority 
for Austria, notified the FAA that an unsafe condition may exist on 
certain Flugtechnik HB 23/2400 sailplanes. The ACG reports that, upon 
routine inspections of certain Flugtechnik HB 23/2400 sailplanes, 
cracks are appearing in the rudder bearing support bracket. This 
condition, if not detected and corrected, could result in loss of 
control of the rudder and possible loss of control of the sailplane.
    Flugtechnik has issued service bulletin (SB) HB 23/19/91, dated 
October 5, 1991, which specifies procedures for inspecting the rudder 
bearing support bracket for cracks, replacing the bracket if cracks are 
found and modifying the bracket with a third bolt if no cracks are 
found.
    The ACG classified this service bulletin as mandatory and issued AD 
No. 68, dated October 28, 1991, in order to assure the continued 
airworthiness of these sailplanes in Austria.
    This sailplane model is manufactured in Austria and is 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. Pursuant to this 
bilateral airworthiness agreement, the ACG has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
ACG, reviewed all available information including the service 
information referenced above, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other certain Flugtechnik 23/2400 sailplanes of the 
same type design registered in the United States, the proposed AD would 
require inspecting the rudder bearing support bracket for cracks, and 
replacing the bracket with a new bracket with 3 bolt holes, or 
modifying the bracket by making a third hole and installing a new bolt. 
Accomplishment of the proposed installation would be in accordance with 
Flugtechnik SB HB 23/19/91, dated October 5, 1991.
    The FAA estimates that one sailplane in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 1 
workhour per sailplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $5 per sailplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $65. The 
FAA has no way of determining whether the one sailplane owner/operator 
has replaced or modified the rudder bearing support bracket and this 
figure takes into account that the affected sailplane operator has not 
accomplished the proposed action.
    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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); and (3) if promulgated, 
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. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.

Sec. 39.13  [AMENDED]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

H.B. Flugtechnik: Docket No. 95-CE-39-AD.

    Applicability: Model 23/2400 Sailplanes (serial numbers 23001 
through 23048), certificated in any category.

    Note 1: This AD applies to each sailplane identified in the 
preceding applicability

[[Page 21982]]

provision, regardless of whether it has been modified, altered, or 
repaired in the area subject to the requirements of this AD. For 
sailplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (c) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if the unsafe condition has not been eliminated, the request 
should include specific proposed actions to address it.

    Compliance: Required within the next 50 hours time-in- service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent the rudder bearing support bracket from cracking, 
which could cause loss of rudder control and possible loss of the 
sailplane, accomplish the following:
    (a) Inspect (one time) the rudder bearing support bracket with a 
10x magnifying glass for any visible cracks in accordance with the 
Actions section of Flugtechnik service bulletin (SB) HB-23/19/91, 
dated October 5, 1991.
    (1) If cracks are found, prior to further flight, replace the 
rudder bearing support bracket with a new support bracket that has 3 
bolt holes in accordance with the Actions section of Flugtechnik SB 
HB-23/19/91, dated October 5, 1991.
    (2) If no cracks are found, modify the rudder bearing support 
bracket by installing a third bolt (part number M6x30) or replace 
the bracket with a new bracket that has 3 bolt holes in accordance 
with the Actions section of Flugtechnik SB HB-23/19/91, dated 
October 5, 1991.
    (b) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the sailplane to a location where 
the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, Aircraft 
Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106. The request shall be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Small Airplane Directorate.

    NOTE 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate Aircraft Certification 
Office.

    (d) All persons affected by this directive may obtain copies of 
this document referred to herein upon request to H.B. Flugtechnik 
GmbH, attn: Dr. Adolf Scharf STR, 42 P.F. 74, A-4053, Haid, Austria; 
or may examine this document at the FAA, Central Region, Office of 
the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

    Issued in Kansas City, Missouri, on May 6, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-11880 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-13-U