AD 2019-04-01

[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Rules and Regulations]
[Pages 12880-12882]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-06281]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0202; Product Identifier 2018-CE-050-AD; Amendment 
39-19597; AD 2019-04-01]
RIN 2120-AA64


Airworthiness Directives; HPH s. r.o. Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for HPH s. 
r.o. Models Glasf[uuml]gel 304C, Glasf[uuml]gel 304CZ, and 
Glasf[uuml]gel 304CZ-17 gliders. This AD results from mandatory 
continuing airworthiness information (MCAI) issued by the aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as jamming between the double two-ring end of the towing 
cable and the deflector angles of the center of gravity (C.G.) release 
mechanism. We are issuing this AD to require actions to address the 
unsafe condition on these products.

DATES: This AD is effective April 23, 2019
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 23, 
2019.
    We must receive comments on this AD by May 20, 2019.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 AD, contact HPH, spol.s 
r.o., C[aacute]slavsk[aacute] 234, 284 01 Kutn[aacute] Hora, Czech 
Republic; phone: +420 327 513 441; email: <a href="/cdn-cgi/l/email-protection#c7aea9a1a887afb7afe9a4bd"><span class="__cf_email__" data-cfemail="2c45424a436c445c44024f56">[email&#160;protected]</span></a>; internet: 
www.hph.cz. You may view this referenced service information at the 
FAA, Policy and Innovation, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, call 
(816) 329-4148. It is also available on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for locating Docket No. FAA-2019-0202.

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> by searching for and locating Docket No. FAA-2019-
0202; or in person at Docket Operations 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 street address for Docket Operations (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, Policy and Innovation Divsion, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#1d777470336f686975786f7b726f795d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="5a30333774282f2e323f283c35283e1a3c3b3b743d352c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2018-0207-E, dated September 19, 2018 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Jamming between the double two ring end of the towing cable and 
the deflector angles of the affected part [C.G. release mechanism] 
was reported for certain Glasfaser-Flugzeug-Service sailplanes. 
Subsequent investigation identified incorrect geometry of the 
deflector angles of the affected part as likely cause of the 
jamming. Consequently, EASA issued Emergency AD 2018-0143-E to 
require repetitive inspections.
    Due to design similarities between Glasfaser Glasfl[uuml]gel 304 
sailplanes and the HPH Glasfl[uuml]gel 304, it was determined that 
the same unsafe condition could also affect those sailplanes.
    This condition, if not detected and corrected, could lead to 
failure to disconnect the towing cable, possibly resulting in 
reduced or loss of control of the sailplane.
    To address this potential unsafe condition, HPH, spol.s r.o. 
issued the SB to provide inspection instructions and corrective 
action.
    For the reasons described above, this [EASA] AD requires 
repetitive inspections of the affected part, and, depending on 
findings, accomplishment of applicable corrective actions(s).


[[Page 12881]]


You may examine the MCAI on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 
by searching for and locating Docket No. FAA-2019-0202.

Related Service Information Under 1 CFR Part 51

    HPH spol.s r.o. has issued Service bulletin No. G304 CZ-10 a), G304 
CZ-17--10 a), G304 C-10 a), dated August 28, 2018 (co-published as one 
document). The service information contains procedures for measuring 
the distance between the deflector angles at the C.G. release and 
modifying the distance between the deflector angles if necessary. 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 AD.

Interim Action

    We consider this AD interim action. The MCAI requires repeating the 
actions in this AD at each annual inspection. We plan to publish a 
notice of proposed rulemaking for these requirements. The planned 
compliance time for these repetitive measurements would allow enough 
time to provide notice and opportunity for prior comment.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because this 
condition, if not detected and corrected, could lead to failure to 
disconnect the towing cable, possibly resulting in losing of control of 
the glider, which could cause injury to people on the ground if the 
towing cable breaks during a winch launch. As such, operators must take 
corrective action before the next launch of the glider. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable. In addition, for the reasons stated 
above, we find that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2019-0202; Directorate 
Identifier 2018-CE-050-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 45 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
measure the distance between the deflector angles. 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 $3,825, or $85 per product.
    We estimate that any modification of the deflector angles that may 
be necessary as a result of the inspection will take about 4 work-hours 
and require parts costing $100, for a cost of $440 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

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 that 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.

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.

[[Page 12882]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-04-01 HPH s. r.o.: Amendment 39-19597; Docket No. FAA-2019-
0202; Directorate Identifier 2018-CE-050-AD.

(a) Effective Date

    This AD becomes effective April 23, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to HPH s. r.o. Models Glasf[uuml]gel 304C, 
Glasf[uuml]gel 304CZ, and Glasf[uuml]gel 304CZ-17 gliders, all 
serial numbers, certificated in any category, with a center of 
gravity (C.G.) tow release installed.

(d) Subject

    Air Transport Association of America (ATA) Code 25: Equipment/
Furnishing.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as jamming between 
the double two-ring end of the towing cable and the deflector angles 
of >the C.G. release mechanism. We are issuing this AD to prevent 
failure of the towing cable to disconnect, which could result in 
reduced or loss of control of the glider or the cable breaking and 
causing injury to people on the ground.

(f) Actions and Compliance

    Unless already done, do the following actions before the next 
winch launch after April 23, 2019 (the effective date of this AD):
    (1) Measure the distance between and parallelism of the 
deflector angles on the C.G. tow release by following paragraph 1 in 
the Action section of HPH spol.s r.o. Service bulletin No. G304 CZ--
10 a), G304 CZ-17--10 a), G304 C--10 a), dated August 28, 2018 (co-
published as one document).
    (2) If the distance between the deflector angles is less than 36 
mm, before the next winch launch, correct the distance by following 
paragraph 2 in the Action section of HPH spol.s r.o. Service 
bulletin No. G304 CZ--10 a), G304 CZ-17--10 a), G304 C--10 a), dated 
August 28, 2018 (co-published as one document).

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Small Airplane Standards Branch, 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, Policy and Innovation Division, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-
4090; email: <a href="/cdn-cgi/l/email-protection#98f2f1f5b6eaedecf0fdeafef7eafcd8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="e48e8d89ca9691908c8196828b9680a4828585ca838b92">[email&#160;protected]</span></a>. 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must 
instead be accomplished using a method approved by the Manager, 
Small Airplane Standards Branch, FAA, or the European Aviation 
Safety Agency (EASA).

(h) Related Information

    Refer to MCAI EASA AD No. 2018-0207-E, dated September 19, 2018, 
for related information. You may examine the MCAI on the internet at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2019-0202.

(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 this AD specifies otherwise.
    (i) HPH spol.s r.o. Service bulletin No. G304 CZ--10 a), G304 
CZ-17--10 a), G304 C--10 a), dated August 28, 2018 (co-published as 
one document).
    (ii) [Reserved]
    (3) For HPH s. r.o. service information identified in this AD, 
contact HPH, spol.s r.o., [Ccaron][aacute]slavsk[aacute] 234, 284 01 
Kutn[aacute] Hora, Czech Republic; phone: +420 327 513 441; email: 
<a href="/cdn-cgi/l/email-protection#e881868e87a8809880c68b92"><span class="__cf_email__" data-cfemail="eb82858d84ab839b83c58891">[email&#160;protected]</span></a>; internet: www.hph.cz.
    (4) You may view this service information at the FAA, Policy and 
Innovation, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-
4148. It is also available on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for locating Docket No. FAA-2019-
0202.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on March 25, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-06281 Filed 4-2-19; 8:45 am]
 BILLING CODE 4910-13-P