Proposed Rule2024-19476
Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders
Primary source
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Published
August 30, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus T gliders. This proposed AD was prompted by reports of gliders' canopies opening during air tow. This proposed AD would require modifying the canopy locking mechanism. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 169 (Friday, August 30, 2024)</title>
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[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Proposed Rules]
[Pages 70580-70582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19476]
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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.
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Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 /
Proposed Rules
[[Page 70580]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2135; Project Identifier MCAI-2024-00157-G]
RIN 2120-AA64
Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus
T gliders. This proposed AD was prompted by reports of gliders'
canopies opening during air tow. This proposed AD would require
modifying the canopy locking mechanism. The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by October 15, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2135; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For Schempp-Hirth Flugzeugbau GmbH material identified in
this proposed AD, contact Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse
25, Kirchheim unter Teck, Germany; phone: +49 7021 7298-0; email:
<a href="/cdn-cgi/l/email-protection#adc4c3cbc2eddecec5c8c0dddd8091cc8dc5dfc8cb90" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>; website: schempp-<a href="http://hirth.com">hirth.com</a>.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
MO 64106. For information on the availability of this material at the
FAA, call (817) 222-5110.
FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206)
231-2346; email: <a href="/cdn-cgi/l/email-protection#70160215145e17051502191e301611115e171f06"><span class="__cf_email__" data-cfemail="51372334357f36243423383f113730307f363e27">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2024-2135; Project Identifier
MCAI-2024-00157-G'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Fred
Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2024-0059, dated March 5, 2024 (also referred to as the MCAI),
to correct an unsafe condition on all Schempp-Hirth Flugzeugbau GmbH
Model Duo Discus, Duo Discus T, Nimbus-4D, and Nimbus-4DT/DM sailplanes
(gliders). The MCAI states that occurrences have been reported of the
canopy opening during air tow on the Model Duo Discus and Nimbus
gliders. The investigation concluded that the fuselage could be
temporarily deformed due to forces related to acceleration, which
allowed the locking mechanism to move into the open position. The MCAI
requires modifying the canopy locking mechanism. These conditions, if
not addressed, could lead to the canopy opening in flight, resulting in
loss of control of the glider.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2135.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Technical Note No.
380-1, No. 396-6 dated July 27, 2004, with Appendix to Technical Note
No. 380-1/396-6 attached (issued as one document); and Schempp-Hirth
Flugzeugbau GmbH Technical Note No. 868-4, No. 890-5 dated February 23,
2005, with Appendix to Technical Note No. 868-4/890-5 attached (issued
as one document), which specify procedures for installing a compression
[[Page 70581]]
spring in the canopy locking mechanism, installing spring washers at
the canopy actuating levers, and modifying the front actuating lever to
include a magnet and applying a red mark to the front and aft inside
the left canopy frame or installing a front actuating lever that has a
magnet. This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and material referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the material already described, except as discussed under
``Differences Between this Proposed AD and the MCAI.''
Differences Between This Proposed AD and the MCAI
While the MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model
Nimbus-4D and Nimbus-4DT/DM gliders, this proposed AD does not because
these models do not have an FAA type certificate.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 34 gliders of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Modify canopy locking mechanism... 2 work-hours x $85 per $100 $270 $9,180
hour = $170.
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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.
The FAA is 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
The FAA 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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 airworthiness
directive:
Schempp-Hirth Flugzeugbau GmbH: Docket No. FAA-2024-2135; Project
Identifier MCAI-2024-00157-G.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 15, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Duo
Discus and Duo Discus T gliders, all serial numbers, certificated in
any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 5200, Doors; 5210,
Passenger/Crew Doors.
(e) Unsafe Condition
This AD was prompted by reports of gliders' canopies opening
during air tow. The FAA is issuing this AD to address the canopy
locking mechanism opening during flight. The unsafe condition, if
not addressed, could lead to the canopy opening in flight, resulting
in loss of control of the glider.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 12 months after the effective date of this AD, modify the
canopy locking mechanism by installing a compression spring in the
canopy locking mechanism, installing spring washers at the canopy
actuating levers, modifying the front actuating lever to include a
magnet and applying a red mark to the front and aft inside the left
canopy frame; or installing a front actuating lever that has a
magnet, in accordance with the applicable technical note specified
in paragraph (g)(1) or (2) of this AD.
(1) For Model Duo Discus gliders: Appendix to Technical Note No.
380-1/396-6 attached to Schempp-Hirth Flugzeugbau GmbH Technical
Note No. 380-1, No. 396-6 dated July 27, 2004 (issued as one
document).
(2) For Model Duo Discus T gliders: Appendix to Technical Note
No. 868-4/890-5 attached to Schempp-Hirth Flugzeugbau GmbH Technical
Note No. 868-4, No. 890-5 dated February 23, 2005 (issued as one
document).
[[Page 70582]]
(h) Alternative Methods of Compliance (AMOCs)
The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i) of
this AD or email to: <a href="/cdn-cgi/l/email-protection#92d3dfddd1d2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="33727e7c70735552521d545c45">[email protected]</span></a>. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office.
(i) Additional Information
For more information about this AD, contact Fred Guerin,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (206) 231-2346; email:
<a href="/cdn-cgi/l/email-protection#fa9c889f9ed49d8f9f889394ba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="c6a0b4a3a2e8a1b3a3b4afa886a0a7a7e8a1a9b0">[email protected]</span></a>.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless the AD specifies otherwise.
(i) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 380-1, No.
396-6 dated July 27, 2004, with Appendix to Technical Note No. 380-
1/396-6 attached (issued as one document).
(ii) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 868-4,
No. 890-5 dated February 23, 2005, with Appendix to Technical Note
No. 868-4/890-5 attached (issued as one document).
(3) For Schempp-Hirth Flugzeugbau GmbH material identified in
this AD, contact Schempp-Hirth Flugzeugbau, Krebenstrasse 25,
Kirchheim unter Teck, Germany; phone: +49 7021 7298-0; email:
<a href="/cdn-cgi/l/email-protection#731a1d151c3300101b161e03035e4f12531b0116154e" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>; website: schempp-<a href="http://hirth.com">hirth.com</a>.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, MO 64106. For information on the availability of this material
at the FAA, call (817) 222-5110.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#b6d0c498dfd8c5c6d3d5c2dfd9d8f6d8d7c4d798d1d9c0"><span class="__cf_email__" data-cfemail="375145195e5944475254435e5859775956455619505841">[email protected]</span></a>.
Issued on August 26, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-19476 Filed 8-29-24; 8:45 am]
BILLING CODE 4910-13-P
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