80_FR_69329 80 FR 69113 - Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

80 FR 69113 - Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 216 (November 9, 2015)

Page Range69113-69115
FR Document2015-28339

The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. That AD applies to certain Schempp- Hirth Flugzeugbau GmbH Models Duo Discus and Duo Discus T gliders. The Model Duo Discus gliders were incorrectly referenced as powered sailplanes in the Applicability section. This document corrects that error and refers to both models as just gliders as in previous ADs. In all other respects, the original document remains the same; however we are publishing the entire rule in the Federal Register.

Federal Register, Volume 80 Issue 216 (Monday, November 9, 2015)
[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Rules and Regulations]
[Pages 69113-69115]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28339]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3224; Directorate Identifier 2015-CE-026-AD; 
Amendment 39-18290; AD 2015-20-11]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting an airworthiness directive (AD) that 
published in the Federal Register. That AD applies to certain Schempp-
Hirth Flugzeugbau GmbH Models Duo Discus and Duo Discus T gliders. The 
Model Duo Discus gliders were incorrectly referenced as powered 
sailplanes in the Applicability section. This document corrects that 
error and refers to both models as just gliders as in previous ADs. In 
all other respects, the original document remains the same; however we 
are publishing the entire rule in the Federal Register.

DATES: This final rule is effective November 18, 2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3224; 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 AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is 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 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: 
[email protected].

SUPPLEMENTARY INFORMATION: Airworthiness Directive 2015-20-11, 
Amendment 39-18290 (80 FR 61722, October 14, 2015), currently requires 
inspecting and replacing the airbrake bell crank and the airbrake drive 
funnels and inspecting the airbrake control system for proper clearance 
and making necessary adjustments.

[[Page 69114]]

    As published, the Model Duo Discus gliders were incorrectly 
referenced as powered sailplanes in the Applicability section. This 
could cause confusion because the Model Duo Discus does not have an 
engine. This document corrects that error and refers to both models as 
just gliders as in previous ADs.
    Although no other part of the preamble or regulatory information 
has been corrected, we are publishing the entire rule in the Federal 
Register.
    The effective date of this AD remains November 18, 2015.

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:

 2015-20-11 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-18290; 
Docket No. FAA-2015-3224; Directorate Identifier 2015-CE-026-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective on November 
18, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Duo 
Discus gliders, serial numbers 1 through 639, and Model Duo Discus T 
gliders, serial numbers 1 through 110 and 112 through 247, 
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(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 excessive load 
on the air brake system. We are issuing this AD to prevent 
uncontrolled actuation of the air brakes (symmetric or asymmetric), 
which could result in reduced control.

(f) Actions and Compliance

    Unless already done, do the actions in paragraph (f)(1) through 
(f)(5) of this AD.
    (1) Within 40 days after November 18, 2015 (the effective date 
of this AD) and repetitively thereafter at intervals not to exceed 
100 hours time-in-service until the terminating replacement action 
required in paragraphs (f)(2) and (f)(3) of this AD (as applicable) 
is done, inspect the airbrake bell crank, the airbrake drive 
funnels, and the airbrake control system.
    (i) Inspect the airbrake bell crank and the airbrake drive 
funnels for cracks and damage following Action 1 in Schempp-Hirth 
Flugzeugbau GmbH Technical Note No. 380 -2/396-17/868-22/890-14, 
Revision 1, issued July 13, 2015 (published as a single document).
    (ii) Inspect the airbrake control system for proper clearance 
following Paragraph 2.d. of Schempp-Hirth Flugzeugbau GmbH Working 
instruction for Technical Note No. 380-2/396-17/868-22/890-14, 
Ausgabe (English translation: issue) 1, Datum (English translation: 
dated) May 11, 2015.
    (2) If cracks or damage is found on the airbrake bell cranks or 
the airbrake drive funnels during any inspection required in 
paragraph (f)(1) of this AD, before further flight, replace each 
cracked or damaged part with a reinforced part. Installing a 
reinforced part terminates the repetitive inspections required in 
paragraph (f)(1) of this AD for that part.
    (i) For replacement of the airbrake bell cranks, follow Picture 
2: Reinforced version of airbrake bell crank according to HS 11-
50.016, Revision a or later, in Schempp-Hirth Flugzeugbau GmbH 
Working instruction for Technical Note No. 380-2/396-17/868-22/890-
14, Ausgabe (English translation: issue) 1, Datum (English 
translation: dated) May 11, 2015.
    (ii) For replacement of the airbrake drive funnels, follow 
Picture 5: Airbrake drive funnel in fuselage ``Reinforcement of 
airbrake drive funnel according to drawing S14RB703, Revision a, in 
Schempp-Hirth Flugzeugbau GmbH Working instruction for Technical 
Note No. 380-2/396-17/868-22/890-14, Ausgabe (English translation: 
issue) 1, Datum (English translation: dated) May 11, 2015.
    (3) If no cracks or damage were found on the airbrake bell 
cranks or the airbrake drive funnels during any inspection required 
in paragraph (f)(1) of this AD, within 12 months after November 18, 
2015 (the effective date of this AD), replace each of the airbrake 
bell cranks and airbrake drive funnels with a reinforced part. These 
replacements terminate the repetitive inspections required in 
paragraph (f)(1) of this AD.
    (i) For replacement of the airbrake bell cranks, follow Picture 
2: Reinforced version of airbrake bell crank according to HS 11-
50.016, Revision a or later, in Schempp-Hirth Flugzeugbau GmbH 
Working instruction for Technical Note No. 380-2/396-17/868-22/890-
14, Ausgabe (English translation: issue) 1, Datum (English 
translation: dated) May 11, 2015.
    (ii) For replacement of the airbrake drive funnels, follow 
Picture 5: Airbrake drive funnel in fuselage, ``Reinforcement of 
airbrake drive funnel according to drawing S14RB703, Revision a,'' 
in Schempp-Hirth Flugzeugbau GmbH Working instruction for Technical 
Note No. 380-2/396-17/868-22/890-14, Ausgabe (English translation: 
issue) 1, Datum (English translation: dated) May 11, 2015.
    (4) If the airbrake control system is found to not have proper 
clearance during the inspection required in paragraph (f)(1) of this 
AD, before further flight, make all necessary corrective adjustments 
following Paragraph 2.d. of Schempp-Hirth Flugzeugbau GmbH Working 
instruction for Technical Note No. 380-2/396-17/868-22/890-14, 
Ausgabe (English translation: issue) 1, Datum (English translation: 
dated) May 11, 2015.
    (5) As of November 18, 2015 (the effective date of this AD), 
only install an airbrake bell crank or an airbrake drive funnel that 
corresponds to Picture 2: Reinforced version of airbrake bell crank 
according to HS 11-50.016, Revision a or later, and Picture 5: 
Airbrake drive funnel in fuselage, ``Reinforcement of airbrake drive 
funnel according to drawing S14RB703, Revision a,'' in Schempp-Hirth 
Flugzeugbau GmbH Working instruction for Technical Note No. 380-2/
396-17/868-22/890-14, Ausgabe (English translation: issue) 1, Datum 
(English translation: dated) May 11, 2015, as applicable.

(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: 
[email protected]. 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) 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. 
2015-0139R1, dated July 15, 2015, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-3224-0002.

(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 the AD specifies otherwise.
    (i) Schempp-Hirth Flugzeugbau GmbH Technical Note No. 380 -2/
396-17/868-22/890-14, Revision 1, issued July 13, 2015 (published as 
a single document).
    (ii) Schempp-Hirth Flugzeugbau GmbH Working instruction for 
Technical Note No. 380-2/396-17/868-22/890-14, Ausgabe (English 
translation: issue) 1, Datum (English translation: dated) May 11, 
2015.
    (3) For Schempp-Hirth Flugzeugbau GmbH service information 
identified in this AD, contact Schempp-Hirth Flugzeugbau GmbH,

[[Page 69115]]

Krebenstrasse 25, 73230 Kirchheim/Teck, Germany; telephone: +49 7021 
7298-0; fax: +49 7021 7298-199; email: hirth.com">info@schempp-hirth.com; 
Internet: http://www.schempp-hirth.com.
    (4) You may view this 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. In addition, you can access this service information 
on the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2015-3224.
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on November 2, 2015.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-28339 Filed 11-6-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                            Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Rules and Regulations                                         69113

                                           responsibilities among the various                        (1) Inspect the hydraulic external hoist            DEPARTMENT OF TRANSPORTATION
                                           levels of government.                                   pressure line filter for metal particles.
                                             For the reasons discussed, I certify                    (2) If there are any metal particles, before        Federal Aviation Administration
                                           that this AD:                                           further flight, flush the utility hydraulic
                                             1. Is not a ‘‘significant regulatory                  system, replace the pressure line pump, and           14 CFR Part 39
                                           action’’ under Executive Order 12866;                   replace the filter.
                                                                                                                                                         [Docket No. FAA–2015–3224; Directorate
                                             2. Is not a ‘‘significant rule’’ under                (f) Alternative Methods of Compliance                 Identifier 2015–CE–026–AD; Amendment
                                           DOT Regulatory Policies and Procedures                  (AMOCs)                                               39–18290; AD 2015–20–11]
                                           (44 FR 11034, February 26, 1979);
                                                                                                     (1) The Manager, Safety Management                  RIN 2120–AA64
                                             3. Will not affect intrastate aviation in
                                                                                                   Group, FAA, may approve AMOCs for this
                                           Alaska to the extent that it justifies                                                                        Airworthiness Directives; Schempp-
                                                                                                   AD. Send your proposal to: Matt Wilbanks,
                                           making a regulatory distinction; and                                                                          Hirth Flugzeugbau GmbH Gliders
                                                                                                   Aviation Safety Engineer, Regulations and
                                             4. Will not have a significant
                                                                                                   Policy Group, Rotorcraft Directorate, FAA,            AGENCY:  Federal Aviation
                                           economic impact, positive or negative,
                                                                                                   10101 Hillwood Pkwy., Fort Worth, TX                  Administration (FAA), DOT.
                                           on a substantial number of small entities
                                                                                                   76177; email 9-asw-ftw-amoc-requests@
                                           under the criteria of the Regulatory                                                                          ACTION: Final rule; correction.
                                                                                                   faa.gov.
                                           Flexibility Act.
                                                                                                     (2) For operations conducted under a 14             SUMMARY:   The FAA is correcting an
                                           List of Subjects in 14 CFR Part 39                      CFR part 119 operating certificate or under           airworthiness directive (AD) that
                                                                                                   14 CFR part 91, subpart K, we suggest that            published in the Federal Register. That
                                             Air transportation, Aircraft, Aviation
                                                                                                   you notify your principal inspector, or               AD applies to certain Schempp-Hirth
                                           safety, Incorporation by reference,
                                                                                                   lacking a principal inspector, the manager of         Flugzeugbau GmbH Models Duo Discus
                                           Safety.
                                                                                                   the local flight standards district office or         and Duo Discus T gliders. The Model
                                           Adoption of the Amendment                               certificate holding district office, before           Duo Discus gliders were incorrectly
                                                                                                   operating any aircraft complying with this            referenced as powered sailplanes in the
                                             Accordingly, under the authority
                                                                                                   AD through an AMOC.                                   Applicability section. This document
                                           delegated to me by the Administrator,
                                           the FAA amends 14 CFR part 39 as                        (g) Additional Information                            corrects that error and refers to both
                                           follows:                                                  (1) AgustaWestland Bollettino Tecnico No.
                                                                                                                                                         models as just gliders as in previous
                                                                                                   412–140, dated March 11, 2014, which is not
                                                                                                                                                         ADs. In all other respects, the original
                                           PART 39—AIRWORTHINESS                                                                                         document remains the same; however
                                                                                                   incorporated by reference, contains
                                           DIRECTIVES                                              additional information about the subject of           we are publishing the entire rule in the
                                                                                                   this AD. For service information identified in        Federal Register.
                                           ■ 1. The authority citation for part 39                                                                       DATES: This final rule is effective
                                           continues to read as follows:                           this AD, contact AgustaWestland, Product
                                                                                                   Support Engineering, Via del Gregge, 100,             November 18, 2015.
                                               Authority: 49 U.S.C. 106(g), 40113, 44701.          21015 Lonate Pozzolo (VA) Italy, ATTN:                ADDRESSES: You may examine the AD
                                           § 39.13   [Amended]                                     Maurizio D’Angelo; telephone 39–0331–                 docket on the Internet at http://
                                                                                                   664757; fax 39–0331–664680; or at http://             www.regulations.gov by searching for
                                           ■ 2. The FAA amends § 39.13 by adding                   www.agustawestland.com/technical-                     and locating Docket No. FAA–2015–
                                           the following new airworthiness                         bulletins. You may review a copy of the               3224; or in person at the Docket
                                           directive (AD):                                         service information at the FAA, Office of the         Management Facility between 9 a.m.
                                           2015–23–02 Agusta S.p.A.: Amendment 39–                 Regional Counsel, Southwest Region, 10101             and 5 p.m., Monday through Friday,
                                               18318; Docket No. FAA–2015–3969;                    Hillwood Pkwy., Room 6N–321, Fort Worth,              except Federal holidays. The AD docket
                                               Directorate Identifier 2014–SW–010–AD.              TX 76177.                                             contains this AD, the regulatory
                                           (a) Applicability                                         (2) The subject of this AD is addressed in          evaluation, any comments received, and
                                                                                                   European Aviation Safety Agency (EASA) AD             other information. The address for the
                                             This AD applies to Model AB412                        No. 2014–0063–E, dated March 12, 2014. You
                                           helicopters with a hydraulic external hoist                                                                   Docket Office (phone: 800–647–5527) is
                                                                                                   may view the EASA AD on the Internet at               Document Management Facility, U.S.
                                           part number BL10300–60 installed,
                                           certificated in any category.                           http://www.regulations.gov by searching for           Department of Transportation, Docket
                                                                                                   and locating it in Docket No. FAA–2015–               Operations, M–30, West Building
                                           (b) Unsafe Condition                                    3969.                                                 Ground Floor, Room W12–140, 1200
                                              This AD defines the unsafe condition as                                                                    New Jersey Avenue SE., Washington,
                                                                                                   (h) Subject
                                           failure of a hydraulic external hoist pressure                                                                DC 20590.
                                           line pump. This condition, if not detected                Joint Aircraft Service Component (JASC)
                                           and prevented, could result in loss of                  Code: 2550, Cargo Compartments.                       FOR FURTHER INFORMATION CONTACT: Jim
                                           hydraulic pressure and subsequent injury to                                                                   Rutherford, Aerospace Engineer, FAA,
                                           persons being lifted in the hoist.                        Issued in Fort Worth, Texas, on October 30,         Small Airplane Directorate, 901 Locust,
                                                                                                   2015.                                                 Room 301, Kansas City, Missouri 64106;
                                           (c) Effective Date                                      James A. Grigg,                                       telephone: (816) 329–4165; fax: (816)
                                              This AD becomes effective November 24,               Acting Assistant Manager, Rotorcraft                  329–4090; email: jim.rutherford@
                                           2015.                                                                                                         faa.gov.
                                                                                                   Directorate, Aircraft Certification Service.
                                           (d) Compliance                                          [FR Doc. 2015–28314 Filed 11–6–15; 8:45 am]           SUPPLEMENTARY INFORMATION:
                                             You are responsible for performing each               BILLING CODE 4910–13–P                                Airworthiness Directive 2015–20–11,
                                           action required by this AD within the                                                                         Amendment 39–18290 (80 FR 61722,
Lhorne on DSK5TPTVN1PROD with RULES




                                           specified compliance time unless it has                                                                       October 14, 2015), currently requires
                                           already been accomplished prior to that time.                                                                 inspecting and replacing the airbrake
                                           (e) Required Actions                                                                                          bell crank and the airbrake drive funnels
                                              Within 10 hours time-in-service (TIS) and                                                                  and inspecting the airbrake control
                                           thereafter at intervals not to exceed 25 hours                                                                system for proper clearance and making
                                           TIS:                                                                                                          necessary adjustments.


                                      VerDate Sep<11>2014   14:17 Nov 06, 2015   Jkt 238001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\09NOR1.SGM   09NOR1


                                           69114            Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Rules and Regulations

                                              As published, the Model Duo Discus                      (i) Inspect the airbrake bell crank and the        Working instruction for Technical Note No.
                                           gliders were incorrectly referenced as                  airbrake drive funnels for cracks and damage          380–2/396–17/868–22/890–14, Ausgabe
                                           powered sailplanes in the Applicability                 following Action 1 in Schempp-Hirth                   (English translation: issue) 1, Datum (English
                                                                                                   Flugzeugbau GmbH Technical Note No. 380               translation: dated) May 11, 2015.
                                           section. This could cause confusion                                                                              (5) As of November 18, 2015 (the effective
                                                                                                   –2/396–17/868–22/890–14, Revision 1,
                                           because the Model Duo Discus does not                   issued July 13, 2015 (published as a single           date of this AD), only install an airbrake bell
                                           have an engine. This document corrects                  document).                                            crank or an airbrake drive funnel that
                                           that error and refers to both models as                    (ii) Inspect the airbrake control system for       corresponds to Picture 2: Reinforced version
                                           just gliders as in previous ADs.                        proper clearance following Paragraph 2.d. of          of airbrake bell crank according to HS 11–
                                              Although no other part of the                        Schempp-Hirth Flugzeugbau GmbH Working                50.016, Revision a or later, and Picture 5:
                                           preamble or regulatory information has                  instruction for Technical Note No. 380–2/             Airbrake drive funnel in fuselage,
                                                                                                   396–17/868–22/890–14, Ausgabe (English                ‘‘Reinforcement of airbrake drive funnel
                                           been corrected, we are publishing the
                                                                                                   translation: issue) 1, Datum (English                 according to drawing S14RB703, Revision a,’’
                                           entire rule in the Federal Register.                    translation: dated) May 11, 2015.                     in Schempp-Hirth Flugzeugbau GmbH
                                              The effective date of this AD remains                   (2) If cracks or damage is found on the            Working instruction for Technical Note No.
                                           November 18, 2015.                                      airbrake bell cranks or the airbrake drive            380–2/396–17/868–22/890–14, Ausgabe
                                                                                                   funnels during any inspection required in             (English translation: issue) 1, Datum (English
                                           PART 39—AIRWORTHINESS                                   paragraph (f)(1) of this AD, before further           translation: dated) May 11, 2015, as
                                           DIRECTIVES                                              flight, replace each cracked or damaged part          applicable.
                                                                                                   with a reinforced part. Installing a reinforced
                                                                                                                                                         (g) Other FAA AD Provisions
                                           ■ 1. The authority citation for part 39                 part terminates the repetitive inspections
                                           continues to read as follows:                           required in paragraph (f)(1) of this AD for              The following provisions also apply to this
                                                                                                   that part.                                            AD:
                                               Authority: 49 U.S.C. 106(g), 40113, 44701.                                                                   (1) Alternative Methods of Compliance
                                                                                                      (i) For replacement of the airbrake bell
                                                                                                   cranks, follow Picture 2: Reinforced version          (AMOCs): The Manager, Standards Office,
                                           § 39.13   [Amended]                                                                                           FAA, has the authority to approve AMOCs
                                                                                                   of airbrake bell crank according to HS 11–
                                           ■ 2. The FAA amends § 39.13 by adding                   50.016, Revision a or later, in Schempp-Hirth         for this AD, if requested using the procedures
                                                                                                   Flugzeugbau GmbH Working instruction for              found in 14 CFR 39.19. Send information to
                                           the following new AD:                                                                                         ATTN: Jim Rutherford, Aerospace Engineer,
                                                                                                   Technical Note No. 380–2/396–17/868–22/
                                               2015–20–11 Schempp-Hirth Flugzeugbau                890–14, Ausgabe (English translation: issue)          FAA, Small Airplane Directorate, 901 Locust,
                                                 GmbH: Amendment 39–18290; Docket                  1, Datum (English translation: dated) May 11,         Room 301, Kansas City, Missouri 64106;
                                                 No. FAA–2015–3224; Directorate                    2015.                                                 telephone: (816) 329–4165; fax: (816) 329–
                                                 Identifier 2015–CE–026–AD.                           (ii) For replacement of the airbrake drive         4090; email: jim.rutherford@faa.gov. Before
                                                                                                   funnels, follow Picture 5: Airbrake drive             using any approved AMOC on any glider to
                                           (a) Effective Date                                                                                            which the AMOC applies, notify your
                                                                                                   funnel in fuselage ‘‘Reinforcement of airbrake
                                              This airworthiness directive (AD) becomes            drive funnel according to drawing S14RB703,           appropriate principal inspector (PI) in the
                                           effective on November 18, 2015.                         Revision a, in Schempp-Hirth Flugzeugbau              FAA Flight Standards District Office (FSDO),
                                                                                                   GmbH Working instruction for Technical                or lacking a PI, your local FSDO.
                                           (b) Affected ADs
                                                                                                   Note No. 380–2/396–17/868–22/890–14,                     (2) Airworthy Product: For any requirement
                                             None.                                                                                                       in this AD to obtain corrective actions from
                                                                                                   Ausgabe (English translation: issue) 1, Datum
                                           (c) Applicability                                       (English translation: dated) May 11, 2015.            a manufacturer or other source, use these
                                                                                                      (3) If no cracks or damage were found on           actions if they are FAA-approved. Corrective
                                              This AD applies to Schempp-Hirth                                                                           actions are considered FAA-approved if they
                                           Flugzeugbau GmbH Model Duo Discus                       the airbrake bell cranks or the airbrake drive
                                                                                                                                                         are approved by the State of Design Authority
                                           gliders, serial numbers 1 through 639, and              funnels during any inspection required in
                                                                                                                                                         (or their delegated agent). You are required
                                           Model Duo Discus T gliders, serial numbers              paragraph (f)(1) of this AD, within 12 months
                                                                                                                                                         to assure the product is airworthy before it
                                           1 through 110 and 112 through 247,                      after November 18, 2015 (the effective date of
                                                                                                                                                         is returned to service.
                                           certificated in any category.                           this AD), replace each of the airbrake bell
                                                                                                   cranks and airbrake drive funnels with a              (h) Related Information
                                           (d) Subject                                             reinforced part. These replacements                     Refer to MCAI European Aviation Safety
                                             Air Transport Association of America                  terminate the repetitive inspections required         Agency (EASA) AD No. 2015–0139R1, dated
                                           (ATA) Code 27: Flight Controls.                         in paragraph (f)(1) of this AD.                       July 15, 2015, for related information. You
                                                                                                      (i) For replacement of the airbrake bell           may examine the MCAI on the Internet at
                                           (e) Reason                                              cranks, follow Picture 2: Reinforced version          http://www.regulations.gov/
                                              This AD was prompted by mandatory                    of airbrake bell crank according to HS 11–            #!documentDetail;D=FAA-2015-3224-0002.
                                           continuing airworthiness information (MCAI)             50.016, Revision a or later, in Schempp-Hirth
                                           originated by an aviation authority of another          Flugzeugbau GmbH Working instruction for              (i) Material Incorporated by Reference
                                           country to identify and correct an unsafe               Technical Note No. 380–2/396–17/868–22/                  (1) The Director of the Federal Register
                                           condition on an aviation product. The MCAI              890–14, Ausgabe (English translation: issue)          approved the incorporation by reference
                                           describes the unsafe condition as excessive             1, Datum (English translation: dated) May 11,         (IBR) of the service information listed in this
                                           load on the air brake system. We are issuing            2015.                                                 paragraph under 5 U.S.C. 552(a) and 1 CFR
                                           this AD to prevent uncontrolled actuation of               (ii) For replacement of the airbrake drive         part 51.
                                           the air brakes (symmetric or asymmetric),               funnels, follow Picture 5: Airbrake drive                (2) You must use this service information
                                           which could result in reduced control.                  funnel in fuselage, ‘‘Reinforcement of                as applicable to do the actions required by
                                                                                                   airbrake drive funnel according to drawing            this AD, unless the AD specifies otherwise.
                                           (f) Actions and Compliance                              S14RB703, Revision a,’’ in Schempp-Hirth                 (i) Schempp-Hirth Flugzeugbau GmbH
                                              Unless already done, do the actions in               Flugzeugbau GmbH Working instruction for              Technical Note No. 380 –2/396–17/868–22/
                                           paragraph (f)(1) through (f)(5) of this AD.             Technical Note No. 380–2/396–17/868–22/               890–14, Revision 1, issued July 13, 2015
                                              (1) Within 40 days after November 18, 2015           890–14, Ausgabe (English translation: issue)          (published as a single document).
                                           (the effective date of this AD) and repetitively        1, Datum (English translation: dated) May 11,            (ii) Schempp-Hirth Flugzeugbau GmbH
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                                           thereafter at intervals not to exceed 100 hours         2015.                                                 Working instruction for Technical Note No.
                                           time-in-service until the terminating                      (4) If the airbrake control system is found        380–2/396–17/868–22/890–14, Ausgabe
                                           replacement action required in paragraphs               to not have proper clearance during the               (English translation: issue) 1, Datum (English
                                           (f)(2) and (f)(3) of this AD (as applicable) is         inspection required in paragraph (f)(1) of this       translation: dated) May 11, 2015.
                                           done, inspect the airbrake bell crank, the              AD, before further flight, make all necessary            (3) For Schempp-Hirth Flugzeugbau GmbH
                                           airbrake drive funnels, and the airbrake                corrective adjustments following Paragraph            service information identified in this AD,
                                           control system.                                         2.d. of Schempp-Hirth Flugzeugbau GmbH                contact Schempp-Hirth Flugzeugbau GmbH,



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                                                            Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Rules and Regulations                                                 69115

                                           Krebenstrasse 25, 73230 Kirchheim/Teck,                 handling of retaliation complaints under              (FRSA, codified at 49 U.S.C.
                                           Germany; telephone: +49 7021 7298–0; fax:               NTSSA and FRSA, including                             20109(c)(2)). The 2008 FRSA
                                           +49 7021 7298–199; email: info@schempp-                 procedures and time frames for                        amendments also prohibit railroad
                                           hirth.com; Internet: http://www.schempp-                employee complaints to the                            carriers and other covered persons from
                                           hirth.com.
                                              (4) You may view this service information
                                                                                                   Occupational Safety and Health                        denying, delaying, or interfering with
                                           at the FAA, Small Airplane Directorate, 901             Administration (OSHA), investigations                 the medical or first aid treatment of an
                                           Locust, Kansas City, Missouri 64106. For                by OSHA, appeals of OSHA                              employee, and require that an injured
                                           information on the availability of this                 determinations to an administrative law               employee be promptly transported to
                                           material at the FAA, call (816) 329–4148. In            judge (ALJ) for a hearing de novo,                    the nearest hospital upon request. 49
                                           addition, you can access this service                   hearings by ALJs, review of ALJ                       U.S.C. 20109(c)(1). These rules establish
                                           information on the Internet at http://                  decisions by the Administrative Review                final procedures for the handling of
                                           www.regulations.gov by searching for and                Board (ARB) (acting on behalf of the                  whistleblower complaints under NTSSA
                                           locating Docket No. FAA–2015–3224.                      Secretary of Labor), and judicial review              and FRSA.
                                              (5) You may view this service information
                                                                                                   of the Secretary of Labor’s final                     II. Summary of Statutory Procedures
                                           that is incorporated by reference at the
                                           National Archives and Records                           decision.
                                                                                                                                                            Prior to the 9/11 Commission Act
                                           Administration (NARA). For information on               DATES: This final rule is effective on
                                           the availability of this material at NARA, call
                                                                                                                                                         amendment of FRSA, whistleblower
                                                                                                   November 9, 2015.                                     retaliation complaints by railroad carrier
                                           202–741–6030, or go to: http://                         FOR FURTHER INFORMATION CONTACT: Rob
                                           www.archives.gov/federal-register/cfr/ibr-                                                                    employees were subject to mandatory
                                           locations.html.
                                                                                                   Swick, Directorate of Whistleblower                   dispute resolution pursuant to the
                                                                                                   Protection Programs, Occupational                     Railway Labor Act (45 U.S.C. 151 et
                                             Issued in Kansas City, Missouri, on                   Safety and Health Administration, U.S.
                                           November 2, 2015.                                                                                             seq.), which included whistleblower
                                                                                                   Department of Labor, Room N–4618,                     proceedings before the National
                                           Melvin Johnson,                                         200 Constitution Avenue NW.,                          Railroad Adjustment Board, as well as
                                           Acting Manager, Small Airplane Directorate,             Washington, DC 20210; telephone (202)                 other dispute resolution procedures.
                                           Aircraft Certification Service.                         693–2199 (this is not a toll-free                     The amendment changed the
                                           [FR Doc. 2015–28339 Filed 11–6–15; 8:45 am]             number); email OSHA.DWPP@dol.gov.                     procedures for resolution of such
                                           BILLING CODE 4910–13–P                                  This Federal Register document is                     complaints and transferred the authority
                                                                                                   available in alternative formats. The                 to implement the whistleblower
                                                                                                   alternative formats available are large               provisions for railroad carrier
                                           DEPARTMENT OF LABOR                                     print, electronic file on computer disk               employees to the Secretary of Labor
                                                                                                   (Word Perfect, ASCII, Mates with                      (Secretary).
                                           Occupational Safety and Health                          Duxbury Braille System) and audiotape.                   The procedures for filing and
                                           Administration                                          SUPPLEMENTARY INFORMATION:                            adjudicating whistleblower complaints
                                                                                                                                                         under NTSSA and FRSA, as amended,
                                           29 CFR Part 1982                                        I. Background                                         are generally the same.1 FRSA provides
                                           [Docket Number: OSHA–2008–0027]                            NTSSA, which was enacted by the                    that the rules and procedures set forth
                                                                                                   9/11 Commission Act, establishes                      in the Wendell H. Ford Aviation
                                           RIN 1218–AC36                                           employee protection provisions for                    Investment and Reform Act for the 21st
                                                                                                   public transportation agency employees                Century (AIR 21), 49 U.S.C. 42121(b),
                                           Procedures for the Handling of                          who engage in whistleblowing activities               govern in FRSA actions, 49 U.S.C.
                                           Retaliation Complaints Under the                        pertaining to public transportation                   20109(d)(2). AIR 21’s rules and
                                           National Transit Systems Security Act                   safety or security (or, in circumstances              procedures are very similar to the
                                           and the Federal Railroad Safety Act                     covered by the statute, employees                     procedures provided in NTSSA, 6
                                           AGENCY:  Occupational Safety and Health                 perceived to have engaged or to be about              U.S.C. 1142(c). The NTSSA and FRSA
                                           Administration, Labor.                                  to engage in protected activity). See                 whistleblower provisions include
                                           ACTION: Final rule.                                     Public Law 110–53, Title XIV, § 1413,                 procedures that allow a covered
                                                                                                   121 Stat. 414 (2007) (NTSSA, codified at              employee to file, within 180 days of the
                                           SUMMARY:    This document provides the                  6 U.S.C. 1142).                                       alleged retaliation, a complaint with the
                                           final text of regulations governing the                    FRSA, which was amended by the                     Secretary. Upon receipt of the
                                           employee protection provisions of the                   9/11 Commission Act, establishes                      complaint, the Secretary must provide
                                           National Transit Systems Security Act                   employee protection provisions for                    written notice to the person or persons
                                           (NTSSA), enacted as Section 1413 of the                 railroad carrier employees who engage                 named in the complaint alleged to have
                                           Implementing Recommendations of the                     in whistleblowing activities pertaining               violated NTSSA or FRSA (respondent)
                                           9/11 Commission Act of 2007 (9/11                       to railroad safety or security (or, in                of the filing of the complaint, the
                                           Commission Act), and the Federal                        circumstances covered by the statute,
                                           Railroad Safety Act (FRSA), as amended                  employees perceived to have engaged or                  1 The regulatory provisions in this part have been

                                           by Section 1521 of the 9/11 Commission                  to be about to engage in protected                    written and organized to be consistent with other
                                                                                                                                                         whistleblower regulations promulgated by OSHA to
                                           Act. The 9/11 Commission Act was                        activity). Public Law 110–53, Title XV,               the extent possible within the bounds of the
                                           enacted into law on August 3, 2007.                     § 1521, 121 Stat. 444 (2007) (FRSA,                   statutory language of NTSSA and FRSA.
                                           FRSA was amended further in 2008. An                    codified at 49 U.S.C. 20109). FRSA, as                Responsibility for receiving and investigating
                                           interim final rule establishing                         further amended in 2008, establishes                  complaints under NTSSA and FRSA has been
                                                                                                                                                         delegated to the Assistant Secretary for
                                           procedures for these provisions and a                   whistleblower provisions for railroad
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                                                                                                                                                         Occupational Safety and Health. Secretary’s Order
                                           request for public comment was                          carrier employees who are retaliated                  01–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012).
                                           published in the Federal Register on                    against for requesting medical or first               Hearings on determinations by the Assistant
                                           August 31, 2010. Ten comments were                      aid treatment, or for following orders or             Secretary are conducted by the Office of
                                                                                                                                                         Administrative Law Judges, and appeals from
                                           received. This rule responds to those                   a treatment plan of a treating physician.             decisions by ALJs are decided by the ARB.
                                           comments and establishes the final                      See Public Law 110–432, Div. A, Title                 Secretary of Labor’s Order No. 2–2012 (Oct. 19,
                                           procedures and time frames for the                      IV, § 419, 122 Stat. 4892 (Oct. 16, 2008)             2012), 77 FR 69378 (Nov. 16, 2012).



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Document Created: 2015-12-14 15:05:18
Document Modified: 2015-12-14 15:05:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesThis final rule is effective November 18, 2015.
ContactJim Rutherford, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: [email protected]
FR Citation80 FR 69113 
RIN Number2120-AA64

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