AD 2012-01-02

[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Rules and Regulations]
[Pages 1624-1626]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-208]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1155; Directorate Identifier 2011-CE-032-AD; 
Amendment 39-16913; AD 2012-01-02]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Schempp-Hirth Flugzeugbau GmbH Model Discus 2cT gliders. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued 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 small cracks which have been found on engine 
pylons in the area of the lower engine support that have not been 
detected during the standard daily inspection. This condition, if not 
detected and corrected, could lead to an engine pylon failure resulting 
in loss of control of the glider. We are issuing this AD to require 
actions to address the unsafe condition on these products.

DATES: This AD is effective February 15, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of February 15, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at 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 service information identified in this AD, contact Schempp-
Hirth Flugzeugbau GmbH, Krebenstrasse 25, D-73230 Kirchheim/Teck, 
Germany; phone: +49 7021 7298-0; fax +49 7021 7298-199; Internet: 
http://www.schempp-<a href="http://hirth.com">hirth.com</a>; email: <a href="/cdn-cgi/l/email-protection#e28b8c848da291818a878f9292cfde83c28a908784df" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>. 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.

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: 
<a href="/cdn-cgi/l/email-protection#59333034772b2c2d313c2b3f362b3d193f3838773e362f"><span class="__cf_email__" data-cfemail="b8d2d1d596cacdccd0ddcaded7cadcf8ded9d996dfd7ce">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 21, 2011 (76 
FR 65421). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been reported that small cracks on engine pylons, in the 
area of the lower engine support, were not detected through the 
``standard'' inspection required by the daily inspection 
instructions. The cracks were discovered only after having 
significantly grown.
    This condition, if not detected and corrected, could lead to an 
engine pylon failure and consequent damage to the aeroplane or 
injury to people on the ground.
    For the reasons described above, this AD requires to replace the 
daily inspections pages of the Aircraft Flight Manual (AFM) that are 
describing the engine pylon inspection instructions, to inspect the 
affected engine pylon area in accordance with those instructions, 
and the replacement with a newly designed engine pylon in case of 
findings.

[[Page 1625]]

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 65421, October 21, 
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 3 products of U.S. registry. 
We also estimate that it would take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $255, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 8 work-hours and require parts costing $1,697, for a cost of 
$2,377 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 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.
    For the reasons discussed above, I certify 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),
    (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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM (76 FR 65421, October 21, 
2011), 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.

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

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:

2012-01-02 Schempp-Hirth Flugzeugbau: Amendment 39-16913; Docket No. 
FAA-2011-1155; Directorate Identifier 2011-CE-032-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 15, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau Discus 2cT gliders, 
serial numbers 1 through 35, certificated in any category, except 
those on which a engine pylon, part number (P/N) M03RT841, is 
installed.

(d) Subject

    Air Transport Association of America (ATA) Code 54: Nacelles/
Pylons.

(e) Reason

    This AD was prompted by small cracks which have been found on 
engine pylons in the area of the lower engine support that have not 
been detected during the standard daily inspection. This condition, 
if not detected and corrected, could lead to an engine pylon failure 
resulting in loss of control of the glider. We are issuing this AD 
to require actions to address the unsafe condition on these 
products.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within 30 days after the effective date of this AD, replace 
the daily inspection pages of the airplane flight manual following 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 1, 
dated July 27, 2011. The actions required by this paragraph 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 in accordance with 14 CFR 43.9 
(a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained 
as required by 14 CFR 91.417, 121.380, or 135.439. All other actions 
in this AD must be done by a properly certificated aircraft 
mechanic.
    (2) Before further flight after doing the action in paragraph 
(f)(1) of this AD and repetitively thereafter at intervals not to 
exceed every 12 months, inspect the engine pylon for damage or 
cracks, following the daily inspection instructions as amended by 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 1, 
dated July 27, 2011.
    (3) If during the daily inspections in the instructions amended 
by Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 
1, dated July 27, 2011, in paragraph (f)(1) of this AD or the 
inspections required in paragraph (f)(2) of this AD, any damage or 
crack is found on the engine pylon, before further flight, replace 
the engine pylon with an engine pylon part number M03RT841 following 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, dated July 
18, 2006.

(g) FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: In addition to the daily pilot inspections of the engine 
pylon required by the foreign authority, the FAA also requires an 
initial and annual repetitive inspection by a properly certificated 
aircraft mechanic.

(h) 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,

[[Page 1626]]

Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; 
fax: (816) 329-4090; email: <a href="/cdn-cgi/l/email-protection#e3898a8ecd9196978b8691858c9187a3858282cd848c95"><span class="__cf_email__" data-cfemail="c0aaa9adeeb2b5b4a8a5b2a6afb2a480a6a1a1eea7afb6">[email&#160;protected]</span></a>. 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(i) Related Information

    Refer to MCAI EASA AD No.: 2011-0146, dated August 3, 2011; 
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, dated July 
18, 2006; and Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-
20 Revision 1, dated July 27, 2011, for related information.

(j) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the 
following service information:
    (i) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, 
dated July 18, 2006; and
    (ii) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 
Revision 1, dated July 27, 2011.
    (2) For service information identified in this AD, contact 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, D-73230 Kirchheim/
Teck, Germany; phone: +49 7021 7298-0; fax +49 7021 7298-199; 
Internet: http://www.schempp-<a href="http://hirth.com">hirth.com</a>; email: <a href="/cdn-cgi/l/email-protection#fb92959d94bb8898939e968b8bd6c79adb93899e9dc6" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>.
    (3) 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call (202) 741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on January 3, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-208 Filed 1-10-12; 8:45 am]
BILLING CODE 4910-13-P