81_FR_74874 81 FR 74666 - Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

81 FR 74666 - Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74666-74668
FR Document2016-25674

We are adopting a new airworthiness directive (AD) for Schempp-Hirth Flugzeugbau GmbH Models Discus-2a, Discus-2b, Discus-2c, Discus 2cT, Ventus-2a, and Ventus-2b gliders. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition insufficient overlap of the airbrake panels. We are issuing this AD to correct the unsafe condition on these products.

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74666-74668]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25674]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6123; Directorate Identifier 2016-CE-007-AD; 
Amendment 39-18690; AD 2016-22-01]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Schempp-Hirth Flugzeugbau GmbH Models Discus-2a, Discus-2b, Discus-2c, 
Discus 2cT, Ventus-2a, and Ventus-2b gliders. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by an 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition insufficient overlap of the airbrake panels. We are issuing 
this AD to correct the unsafe condition on these products.

DATES: This AD is effective December 1, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 1, 
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6123; or in person at Document Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact Schempp-
Hirth Flugzeugbau GmbH, Krebenstrasse 25, 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. You may 
view this referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-4148. 
It is also available on the Internet at http://www.regulations.gov by 
searching for Docket No. FAA-2016-6123.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA,

[[Page 74667]]

Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to Schempp-Hirth Flugzeugbau 
Model Discus-2a, Discus-2b, Discus-2c, Discus 2cT, Ventus-2a, and 
Ventus-2b gliders. The NPRM was published in the Federal Register on 
April 27, 2016 (81 FR 24743). The NPRM proposed to correct an unsafe 
condition for the specified products and was based on mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country. The MCAI states:

    Operational experience shows that, under certain conditions, the 
overlap between the two airbrake panels can be insufficient and the 
panels can interlock.
    This condition, if not corrected, could lead to blockage of the 
airbrakes, possibly resulting in reduced control of the (powered) 
sailplane.
    To address this potential unsafe condition, Schempp-Hirth 
Flugzeugbau GmbH issued TN 349-39, 360-29, 825-55 and 863-22 (single 
document, hereafter referred to as `the TN' in this AD), to provide 
inspection instructions to verify the correct overlap between the 
two affected airbrake panels.
    For the reason described above, this AD requires a one-time 
inspection of the overlap of the affected airbrake panels and, 
depending on findings, accomplishment of applicable corrective 
action(s).

The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-6123-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Request for Pilot-Owner To Conduct Inspection

    Glenn Yeldezian commented that the EASA AD mandated the use of a 
Schempp-Hirth Technical Note that allowed for the pilot-owner to 
accomplish the inspection. The commenter requested that the FAA AD 
include this option for the pilot-owner to accomplish the inspection 
or, alternately, asked whether the revised Technical Note is enough 
justification for the pilot-owner to perform the inspection.
    We do not agree with allowing pilot-owner to do this inspection. 
The U.S. regulatory system will not allow a pilot-owner to accomplish 
inspections on their gliders in accordance with Title 14 Code of 
Federal Regulations (CFR) part 43. Therefore, we will not revise the AD 
to account for the allowance in the foreign AD for the pilot-owner to 
accomplish the specified inspections.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed except for minor editorial changes. We have determined 
that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Schempp-Hirth Flugzeugbau GmbH Technical Note No. 349-
39, 360-29, 825-55, 863-22; dated January 29, 2016 (published as a 
single document), and Arbeitsanweisung (English translation: Working 
instructions) for Technische Mitteilung Nr. (English translation: 
Technical Note No.) 349-39, 360-29, 825-55, 863-22, Ausgabe (English 
translation: Issue) 1, Datum (English translation: Dated) January 22, 
2016 (published as a single document). In combination, this service 
information describes procedures for inspection of the overlap of the 
airbrake panels and, if necessary, replacement of the airbrake panels. 
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 the AD.

Costs of Compliance

    We estimate that this AD will affect 86 products of U.S. registry. 
We also estimate that it would take about 2 work-hours per product to 
comply with the basic requirements of this AD.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $14,620, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
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.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6123; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains the NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office 
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

[[Page 74668]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2016-22-01 Schempp-Hirth Flugzeugbau: Amendment 39-18690; Docket No. 
FAA-2016-6123; Directorate Identifier 2016-CE-007-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 1, 
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Schempp-Hirth Flugzeugbau GmbH 
model and serial number gliders, certificated in any category:
    (1) Model Discus-2a, serial numbers 1 through 253;
    (2) Model Discus-2b, serial numbers 1 through 255;
    (3) Model Discus-2c, serial numbers 1 through 61;
    (4) Model Discus 2cT, serial numbers 1 through 127;
    (5) Model Ventus-2a, serial numbers 1 through 178; and
    (6) Model Ventus-2b, serial numbers 1 through 175.

(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 insufficient 
overlap of the airbrake panels. We are issuing this proposed AD to 
require actions to address the unsafe condition on these products. 
We are issuing this AD to prevent interlocking of the airbrake 
panels, which could lead to blockage of the airbrakes and possible 
loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (2) of this AD:
    (1) Within the next 40 days after December 1, 2016 (the 
effective date of this AD), inspect the overlap of the airbrake 
panels for a minimum overlap of at least 3 millimeters following 
Action 1 in Schempp-Hirth Flugzeugbau GmbH Technische Mitteilung Nr. 
(English translation: Technical Note No.) 349-39, 360-29, 825-55, 
863-22, dated January 29, 2016 (published as a single document); and 
Action 1 in the associated Arbeitsanweisung (English translation: 
Working instructions) for Technische Mitteilung Nr. (English 
translation: Technical Note No.) 349-39, 360-29, 825-55, 863-22, 
Ausgabe (English translation: Issue) 1, Datum (English translation: 
Dated) January 22, 2016 (published as a single document).

    Note 1 to paragraph (f)(1) and (2) of this AD: This service 
information contains German to English translation. The EASA used 
the English translation in referencing the document. For 
enforceability purposes, we will refer to the Schempp-Hirth 
Flugzeugbau GmbH service information as it appears on the document.

    (2) If, during the inspection required in paragraph (f)(1) of 
this AD, the overlap on the airbrake panels is found to be less than 
3 millimeters, before further flight, install eccentric bushings and 
make adjustments following Action 2 in Schempp-Hirth Flugzeugbau 
GmbH Technische Mitteilung Nr. (English translation: Technical Note 
No.) 349-39, 360-29, 825-55, 863-22, dated January 29, 2016 
(published as a single document); and Action 2 in the associated 
Arbeitsanweisung (English translation: Working instructions) for 
Technische Mitteilung Nr. (English translation: Technical Note No.) 
349-39, 360-29, 825-55, 863-22, Ausgabe (English translation: Issue) 
1, Datum (English translation: Dated) January 22, 2016 (published as 
a single document).

    Note 2 to paragraph (f)(2) of this AD: The Schempp-Hirth 
Flugzeugbau GmbH Technische Mitteilung Nr. (English translation: 
Technical Note No.) 349-39, 360-29, 825-55, 863-22, dated January 
29, 2016 (published as a single document) includes four German 
language drawings that you may use for additional information, but 
the drawings are not required to comply with this AD.

(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 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2016-0027, dated February 9, 2016, for related information. The MCAI 
can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-6123-0002.

(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 Technische Mitteilung Nr. 
(English translation: Technical Note No.) 349-39, 360-29, 825-55, 
863-22, dated January 29, 2016 (published as a single document); and
    (ii) Arbeitsanweisung (English translation: Working 
instructions) for Technische Mitteilung Nr. (English translation: 
Technical Note No.) 349-39, 360-29, 825-55, 863-22, Ausgabe (English 
translation: Issue) 1, Datum (English translation: Dated) January 
22, 2016 (published as a single document).

    Note 3 to paragraph (i)(2) of this AD: This service information 
contains German to English translation. The EASA used the English 
translation in referencing the document. For enforceability 
purposes, we will refer to the Schempp-Hirth Flugzeugbau GmbH 
service information as it appears on the document.

    (3) For Schempp-Hirth Flugzeugbau GmbH service information 
identified in this AD, contact Schempp-Hirth Flugzeugbau GmbH, 
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-2016-6123.
    (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 October 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25674 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                74666            Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations

                                                059/2, dated September 9, 2016, as                      Information Collection Clearance Officer,             DEPARTMENT OF TRANSPORTATION
                                                applicable.                                             AES–200.
                                                  (3) Installing improved design autopilot                                                                    Federal Aviation Administration
                                                bridle cable clamps, P/N D41–2213–10–53_                (i) Related Information
                                                01 (or higher) and P/N D41–2213–10–54_01                  Refer to MCAI EASA AD No. 2016–0190,                14 CFR Part 39
                                                (or higher) terminates the repetitive                   dated September 26, 2016, DAI
                                                inspections required in paragraph (f)(1) of             Recommended Service Bulletin RSB 40NG–                [Docket No. FAA–2016–6123; Directorate
                                                this AD.                                                048, dated August 24, 2016, DAI                       Identifier 2016–CE–007–AD; Amendment
                                                  (4) As of November 16, 2016 (the effective                                                                  39–18690; AD 2016–22–01]
                                                                                                        Recommended Service Bulletin RSB 42NG–
                                                date of this AD), do not install autopilot
                                                bridle cable clamps, P/Ns D41–2213–10–53                059, dated June 30, 2016, and DAI                     RIN 2120–AA64
                                                and D41–2213–10–54.                                     Recommended Service Bulletin RSB 42NG–
                                                                                                        059, Revision 1, dated August 24, 2016, for           Airworthiness Directives; Schempp-
                                                (g) Credit for Actions Done Following                   related information. You may examine the              Hirth Flugzeugbau GmbH Gliders
                                                Previous Service Information                            MCAI on the Internet at http://
                                                   This AD allows credit for doing only the                                                                   AGENCY:  Federal Aviation
                                                                                                        www.regulations.gov by searching for and
                                                initial inspection action required in                                                                         Administration (FAA), Department of
                                                                                                        locating Docket No. FAA–2016–9318.
                                                paragraph (f)(1) of this AD if done before                                                                    Transportation (DOT).
                                                November 16, 2016 (the effective date of this           (j) Material Incorporated by Reference                ACTION: Final rule.
                                                AD), following DAI Recommended Service                     (1) The Director of the Federal Register
                                                Bulletin RSB 40NG–048, dated August 24,                 approved the incorporation by reference               SUMMARY:   We are adopting a new
                                                2016, and DAI Recommended Service                                                                             airworthiness directive (AD) for
                                                                                                        (IBR) of the service information listed in this
                                                Bulletin RSB 42NG–059, dated June 30, 2016,                                                                   Schempp-Hirth Flugzeugbau GmbH
                                                or DAI Recommended Service Bulletin RSB                 paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                        part 51.                                              Models Discus–2a, Discus–2b, Discus–
                                                42NG–059, Revision 1, dated August 24,                                                                        2c, Discus 2cT, Ventus–2a, and Ventus–
                                                2016, as applicable.                                       (2) You must use this service information
                                                                                                        as applicable to do the actions required by           2b gliders. This AD results from
                                                (h) Other FAA AD Provisions                             this AD, unless this AD specifies otherwise.          mandatory continuing airworthiness
                                                   The following provisions also apply to this             (i) Diamond Aircraft Industries GmbH               information (MCAI) issued by an
                                                AD:                                                     Mandatory Service Bulletin MSB 40NG–048/              aviation authority of another country to
                                                   (1) Alternative Methods of Compliance                1, dated September 9, 2016.                           identify and correct an unsafe condition
                                                (AMOCs): The Manager, Standards Office,                    (ii) Diamond Aircraft Industries GmbH              on an aviation product. The MCAI
                                                FAA, has the authority to approve AMOCs                                                                       describes the unsafe condition
                                                                                                        Work Instruction WI–MSB 40NG–048,
                                                for this AD, if requested using the procedures                                                                insufficient overlap of the airbrake
                                                found in 14 CFR 39.19. Send information to              Revision 1, dated September 9, 2016.
                                                ATTN: Mike Kiesov, Aerospace Engineer,                     (iii) Diamond Aircraft Industries GmbH             panels. We are issuing this AD to correct
                                                FAA, Small Airplane Directorate, 901 Locust,            Mandatory Service Bulletin MSB 42NG–059/              the unsafe condition on these products.
                                                Room 301, Kansas City, Missouri 64106;                  2, dated September 9, 2016.                           DATES: This AD is effective December 1,
                                                telephone: (816) 329–4144; fax: (816) 329–                 (iv) Diamond Aircraft Industries GmbH              2016.
                                                4090; email: mike.kiesov@faa.gov. Before                Work Instruction WI–MSB 42NG–059,                        The Director of the Federal Register
                                                using any approved AMOC on any airplane                 Revision 2, dated September 9, 2016.                  approved the incorporation by reference
                                                to which the AMOC applies, notify your                     (3) For Diamond Aircraft Industries GmbH           of certain publications listed in the AD
                                                appropriate principal inspector (PI) in the             service information identified in this AD,            as of December 1, 2016.
                                                FAA Flight Standards District Office (FSDO),            contact Diamond Aircraft Industries GmbH,
                                                or lacking a PI, your local FSDO.                                                                             ADDRESSES: You may examine the AD
                                                                                                        N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt,           docket on the Internet at http://
                                                   (2) Airworthy Product: For any requirement
                                                in this AD to obtain corrective actions from            Austria, telephone: +43 2622 26700; fax: +43          www.regulations.gov by searching for
                                                a manufacturer or other source, use these               2622 26780; email: office@diamond-air.at;             and locating Docket No. FAA–2016–
                                                actions if they are FAA-approved. Corrective            Internet: http://www.diamondaircraft.com.
                                                                                                                                                              6123; or in person at Document
                                                actions are considered FAA-approved if they                (4) You may view this service information
                                                                                                                                                              Management Facility, U.S. Department
                                                are approved by the State of Design Authority           at the FAA, Small Airplane Directorate, 901
                                                                                                                                                              of Transportation, Docket Operations,
                                                (or their delegated agent). You are required            Locust, Kansas City, Missouri 64106. For
                                                to assure the product is airworthy before it
                                                                                                                                                              M–30, West Building Ground Floor,
                                                                                                        information on the availability of this
                                                is returned to service.                                                                                       Room W12–140, 1200 New Jersey
                                                                                                        material at the FAA, call (816) 329–4148. It
                                                   (3) Reporting Requirements: For any                                                                        Avenue SE., Washington, DC 20590.
                                                                                                        is also available on the Internet at http://
                                                reporting requirement in this AD, a federal                                                                      For service information identified in
                                                                                                        www.regulations.gov by searching for
                                                agency may not conduct or sponsor, and a                                                                      this AD, contact Schempp-Hirth
                                                                                                        locating Docket No. FAA–2016–9318.
                                                person is not required to respond to, nor                                                                     Flugzeugbau GmbH, Krebenstrasse 25,
                                                                                                           (5) You may view this service information
                                                shall a person be subject to a penalty for                                                                    73230 Kirchheim/Teck, Germany;
                                                failure to comply with a collection of                  that is incorporated by reference at the
                                                                                                        National Archives and Records
                                                                                                                                                              telephone: +49 7021 7298–0; fax: +49
                                                information subject to the requirements of                                                                    7021 7298–199; email: info@schempp-
                                                the Paperwork Reduction Act unless that                 Administration (NARA). For information on
                                                                                                        the availability of this material at NARA, call       hirth.com; Internet: http://
                                                collection of information displays a current
                                                valid OMB Control Number. The OMB                       202–741–6030, or go to: http://                       www.schempp-hirth.com. You may
                                                Control Number for this information                     www.archives.gov/federal-register/cfr/ibr-            view this referenced service information
                                                collection is 2120–0056. Public reporting for           locations.html.                                       at the FAA, Small Airplane Directorate,
                                                this collection of information is estimated to                                                                901 Locust, Kansas City, Missouri
                                                be approximately 5 minutes per response,                  Issued in Kansas City, Missouri on October          64106. For information on the
                                                                                                        17, 2016.
jstallworth on DSK7TPTVN1PROD with RULES




                                                including the time for reviewing instructions,                                                                availability of this material at the FAA,
                                                completing and reviewing the collection of              Pat Mullen,                                           call (816) 329–4148. It is also available
                                                information. All responses to this collection           Acting Manager, Small Airplane Directorate,           on the Internet at http://
                                                of information are mandatory. Comments                  Aircraft Certification Service.                       www.regulations.gov by searching for
                                                concerning the accuracy of this burden and
                                                suggestions for reducing the burden should              [FR Doc. 2016–25657 Filed 10–26–16; 8:45 am]          Docket No. FAA–2016–6123.
                                                be directed to the FAA at: 800 Independence             BILLING CODE 4910–13–P                                FOR FURTHER INFORMATION CONTACT: Jim
                                                Ave. SW., Washington, DC 20591, Attn:                                                                         Rutherford, Aerospace Engineer, FAA,


                                           VerDate Sep<11>2014   13:32 Oct 26, 2016   Jkt 241001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\27OCR1.SGM   27OCR1


                                                                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations                                       74667

                                                Small Airplane Directorate, 901 Locust,                   We do not agree with allowing pilot-                Authority for This Rulemaking
                                                Room 301, Kansas City, Missouri 64106;                  owner to do this inspection. The U.S.
                                                                                                                                                                 Title 49 of the United States Code
                                                telephone: (816) 329–4165; fax: (816)                   regulatory system will not allow a pilot-
                                                                                                                                                              specifies the FAA’s authority to issue
                                                329–4090; email: jim.rutherford@                        owner to accomplish inspections on
                                                                                                                                                              rules on aviation safety. Subtitle I,
                                                faa.gov.                                                their gliders in accordance with Title 14
                                                                                                                                                              section 106, describes the authority of
                                                                                                        Code of Federal Regulations (CFR) part
                                                SUPPLEMENTARY INFORMATION:                                                                                    the FAA Administrator. ‘‘Subtitle VII:
                                                                                                        43. Therefore, we will not revise the AD
                                                Discussion                                                                                                    Aviation Programs,’’ describes in more
                                                                                                        to account for the allowance in the
                                                                                                                                                              detail the scope of the Agency’s
                                                   We issued a notice of proposed                       foreign AD for the pilot-owner to
                                                                                                                                                              authority.
                                                rulemaking (NPRM) to amend 14 CFR                       accomplish the specified inspections.
                                                                                                                                                                 We are issuing this rulemaking under
                                                part 39 by adding an AD that would                      Conclusion                                            the authority described in ‘‘Subtitle VII,
                                                apply to Schempp-Hirth Flugzeugbau                                                                            Part A, Subpart III, Section 44701:
                                                Model Discus–2a, Discus–2b, Discus–2c,                    We reviewed the relevant data,
                                                                                                                                                              General requirements.’’ Under that
                                                Discus 2cT, Ventus–2a, and Ventus–2b                    considered the comment received, and
                                                                                                                                                              section, Congress charges the FAA with
                                                gliders. The NPRM was published in the                  determined that air safety and the
                                                                                                                                                              promoting safe flight of civil aircraft in
                                                Federal Register on April 27, 2016 (81                  public interest require adopting the AD
                                                                                                                                                              air commerce by prescribing regulations
                                                FR 24743). The NPRM proposed to                         as proposed except for minor editorial
                                                                                                                                                              for practices, methods, and procedures
                                                correct an unsafe condition for the                     changes. We have determined that these
                                                                                                                                                              the Administrator finds necessary for
                                                specified products and was based on                     minor changes:
                                                                                                                                                              safety in air commerce. This regulation
                                                mandatory continuing airworthiness                        • Are consistent with the intent that               is within the scope of that authority
                                                information (MCAI) originated by an                     was proposed in the NPRM for                          because it addresses an unsafe condition
                                                aviation authority of another country.                  correcting the unsafe condition; and                  that is likely to exist or develop on
                                                The MCAI states:                                          • Do not add any additional burden                  products identified in this rulemaking
                                                   Operational experience shows that, under             upon the public than was already                      action.
                                                certain conditions, the overlap between the             proposed in the NPRM.
                                                two airbrake panels can be insufficient and                                                                   Regulatory Findings
                                                the panels can interlock.                               Related Service Information Under 1
                                                                                                        CFR Part 51                                             We determined that this AD will not
                                                   This condition, if not corrected, could lead                                                               have federalism implications under
                                                to blockage of the airbrakes, possibly
                                                                                                          We reviewed Schempp-Hirth                           Executive Order 13132. This AD will
                                                resulting in reduced control of the (powered)
                                                sailplane.                                              Flugzeugbau GmbH Technical Note No.                   not have a substantial direct effect on
                                                   To address this potential unsafe condition,          349–39, 360–29, 825–55, 863–22; dated                 the States, on the relationship between
                                                Schempp-Hirth Flugzeugbau GmbH issued                   January 29, 2016 (published as a single               the national government and the States,
                                                TN 349–39, 360–29, 825–55 and 863–22                    document), and Arbeitsanweisung                       or on the distribution of power and
                                                (single document, hereafter referred to as ‘the         (English translation: Working                         responsibilities among the various
                                                TN’ in this AD), to provide inspection                  instructions) for Technische Mitteilung               levels of government.
                                                instructions to verify the correct overlap              Nr. (English translation: Technical Note                For the reasons discussed above, I
                                                between the two affected airbrake panels.               No.) 349–39, 360–29, 825–55, 863–22,                  certify this AD:
                                                   For the reason described above, this AD
                                                                                                        Ausgabe (English translation: Issue) 1,                 (1) Is not a ‘‘significant regulatory
                                                requires a one-time inspection of the overlap
                                                of the affected airbrake panels and,                    Datum (English translation: Dated)                    action’’ under Executive Order 12866,
                                                depending on findings, accomplishment of                January 22, 2016 (published as a single                 (2) Is not a ‘‘significant rule’’ under
                                                applicable corrective action(s).                        document). In combination, this service               the DOT Regulatory Policies and
                                                                                                        information describes procedures for                  Procedures (44 FR 11034, February 26,
                                                The MCAI can be found in the AD                         inspection of the overlap of the airbrake
                                                docket on the Internet at: https://                                                                           1979),
                                                                                                        panels and, if necessary, replacement of                (3) Will not affect intrastate aviation
                                                www.regulations.gov/                                    the airbrake panels. This service
                                                document?D=FAA-2016-6123-0002.                                                                                in Alaska, and
                                                                                                        information is reasonably available
                                                                                                                                                                (4) Will not have a significant
                                                Comments                                                because the interested parties have
                                                                                                                                                              economic impact, positive or negative,
                                                                                                        access to it through their normal course
                                                  We gave the public the opportunity to                                                                       on a substantial number of small entities
                                                                                                        of business or by the means identified
                                                participate in developing this AD. The                                                                        under the criteria of the Regulatory
                                                                                                        in the ADDRESSES section of the AD.
                                                following presents the comments                                                                               Flexibility Act.
                                                received on the proposal and the FAA’s                  Costs of Compliance
                                                                                                                                                              Examining the AD Docket
                                                response to each comment.
                                                                                                          We estimate that this AD will affect                  You may examine the AD docket on
                                                Request for Pilot-Owner To Conduct                      86 products of U.S. registry. We also                 the Internet at http://
                                                Inspection                                              estimate that it would take about 2                   www.regulations.gov by searching for
                                                   Glenn Yeldezian commented that the                   work-hours per product to comply with                 and locating Docket No. FAA–2016–
                                                EASA AD mandated the use of a                           the basic requirements of this AD.                    6123; or in person at the Docket
                                                Schempp-Hirth Technical Note that                         Based on these figures, we estimate                 Management Facility between 9 a.m.
                                                allowed for the pilot-owner to                          the cost of this AD on U.S. operators to              and 5 p.m., Monday through Friday,
                                                accomplish the inspection. The                          be $14,620, or $170 per product.                      except Federal holidays. The AD docket
jstallworth on DSK7TPTVN1PROD with RULES




                                                commenter requested that the FAA AD                       In addition, we estimate that any                   contains the NPRM, the regulatory
                                                include this option for the pilot-owner                 necessary follow-on actions would take                evaluation, any comments received, and
                                                to accomplish the inspection or,                        about 4 work-hours and require parts                  other information. The street address for
                                                alternately, asked whether the revised                  costing $100, for a cost of $440 per                  the Docket Office (telephone (800) 647–
                                                Technical Note is enough justification                  product. We have no way of                            5527) is in the ADDRESSES section.
                                                for the pilot-owner to perform the                      determining the number of products                    Comments will be available in the AD
                                                inspection.                                             that may need these actions.                          docket shortly after receipt.


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                                                74668            Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations

                                                List of Subjects in 14 CFR Part 39                      the overlap of the airbrake panels for a              are approved by the State of Design Authority
                                                                                                        minimum overlap of at least 3 millimeters             (or their delegated agent). You are required
                                                  Air transportation, Aircraft, Aviation                following Action 1 in Schempp-Hirth                   to assure the product is airworthy before it
                                                safety, Incorporation by reference,                     Flugzeugbau GmbH Technische Mitteilung                is returned to service.
                                                Safety.                                                 Nr. (English translation: Technical Note No.)
                                                                                                        349–39, 360–29, 825–55, 863–22, dated                 (h) Related Information
                                                Adoption of the Amendment                                                                                       Refer to MCAI European Aviation Safety
                                                                                                        January 29, 2016 (published as a single
                                                  Accordingly, under the authority                      document); and Action 1 in the associated             Agency (EASA) AD No.: 2016–0027, dated
                                                delegated to me by the Administrator,                   Arbeitsanweisung (English translation:                February 9, 2016, for related information.
                                                the FAA amends 14 CFR part 39 as                        Working instructions) for Technische                  The MCAI can be found in the AD docket on
                                                follows:                                                Mitteilung Nr. (English translation: Technical        the Internet at: https://www.regulations.gov/
                                                                                                        Note No.) 349–39, 360–29, 825–55, 863–22,             document?D=FAA-2016-6123-0002.
                                                PART 39—AIRWORTHINESS                                   Ausgabe (English translation: Issue) 1, Datum
                                                                                                        (English translation: Dated) January 22, 2016         (i) Material Incorporated by Reference
                                                DIRECTIVES
                                                                                                        (published as a single document).                        (1) The Director of the Federal Register
                                                ■ 1. The authority citation for part 39                    Note 1 to paragraph (f)(1) and (2) of this         approved the incorporation by reference
                                                continues to read as follows:                           AD: This service information contains                 (IBR) of the service information listed in this
                                                                                                        German to English translation. The EASA               paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701.          used the English translation in referencing           part 51.
                                                                                                        the document. For enforceability purposes,               (2) You must use this service information
                                                § 39.13   [Amended]                                                                                           as applicable to do the actions required by
                                                                                                        we will refer to the Schempp-Hirth
                                                ■ 2. The FAA amends § 39.13 by adding                   Flugzeugbau GmbH service information as it            this AD, unless the AD specifies otherwise.
                                                the following new AD:                                   appears on the document.                                 (i) Schempp-Hirth Flugzeugbau GmbH
                                                2016–22–01 Schempp-Hirth Flugzeugbau:                                                                         Technische Mitteilung Nr. (English
                                                                                                           (2) If, during the inspection required in
                                                    Amendment 39–18690; Docket No.                                                                            translation: Technical Note No.) 349–39,
                                                                                                        paragraph (f)(1) of this AD, the overlap on the
                                                    FAA–2016–6123; Directorate Identifier                                                                     360–29, 825–55, 863–22, dated January 29,
                                                                                                        airbrake panels is found to be less than 3
                                                    2016–CE–007–AD.                                                                                           2016 (published as a single document); and
                                                                                                        millimeters, before further flight, install
                                                                                                                                                                 (ii) Arbeitsanweisung (English translation:
                                                (a) Effective Date                                      eccentric bushings and make adjustments
                                                                                                                                                              Working instructions) for Technische
                                                                                                        following Action 2 in Schempp-Hirth
                                                   This airworthiness directive (AD) becomes                                                                  Mitteilung Nr. (English translation: Technical
                                                                                                        Flugzeugbau GmbH Technische Mitteilung
                                                effective December 1, 2016.                                                                                   Note No.) 349–39, 360–29, 825–55, 863–22,
                                                                                                        Nr. (English translation: Technical Note No.)
                                                                                                                                                              Ausgabe (English translation: Issue) 1, Datum
                                                (b) Affected ADs                                        349–39, 360–29, 825–55, 863–22, dated
                                                                                                                                                              (English translation: Dated) January 22, 2016
                                                                                                        January 29, 2016 (published as a single
                                                  None.                                                                                                       (published as a single document).
                                                                                                        document); and Action 2 in the associated
                                                (c) Applicability                                       Arbeitsanweisung (English translation:                   Note 3 to paragraph (i)(2) of this AD: This
                                                                                                        Working instructions) for Technische                  service information contains German to
                                                   This AD applies to the following Schempp-
                                                                                                        Mitteilung Nr. (English translation: Technical        English translation. The EASA used the
                                                Hirth Flugzeugbau GmbH model and serial
                                                                                                        Note No.) 349–39, 360–29, 825–55, 863–22,             English translation in referencing the
                                                number gliders, certificated in any category:
                                                                                                        Ausgabe (English translation: Issue) 1, Datum         document. For enforceability purposes, we
                                                   (1) Model Discus–2a, serial numbers 1
                                                                                                        (English translation: Dated) January 22, 2016         will refer to the Schempp-Hirth Flugzeugbau
                                                through 253;
                                                   (2) Model Discus–2b, serial numbers 1                (published as a single document).                     GmbH service information as it appears on
                                                through 255;                                                                                                  the document.
                                                                                                           Note 2 to paragraph (f)(2) of this AD: The
                                                   (3) Model Discus–2c, serial numbers 1                Schempp-Hirth Flugzeugbau GmbH                           (3) For Schempp-Hirth Flugzeugbau GmbH
                                                through 61;                                             Technische Mitteilung Nr. (English                    service information identified in this AD,
                                                   (4) Model Discus 2cT, serial numbers 1               translation: Technical Note No.) 349–39,              contact Schempp-Hirth Flugzeugbau GmbH,
                                                through 127;                                            360–29, 825–55, 863–22, dated January 29,             Krebenstrasse 25, 73230 Kirchheim/Teck,
                                                   (5) Model Ventus–2a, serial numbers 1                2016 (published as a single document)                 Germany; telephone: +49 7021 7298–0; fax:
                                                through 178; and                                        includes four German language drawings that           +49 7021 7298–199; email: info@schempp-
                                                   (6) Model Ventus–2b, serial numbers 1                you may use for additional information, but           hirth.com; Internet: http://www.schempp-
                                                through 175.                                            the drawings are not required to comply with          hirth.com.
                                                                                                        this AD.                                                 (4) You may view this service information
                                                (d) Subject
                                                                                                                                                              at the FAA, Small Airplane Directorate, 901
                                                  Air Transport Association of America                  (g) Other FAA AD Provisions                           Locust, Kansas City, Missouri 64106. For
                                                (ATA) Code 27: Flight Controls.                                                                               information on the availability of this
                                                                                                           The following provisions also apply to this
                                                (e) Reason                                              AD:                                                   material at the FAA, call (816) 329–4148. In
                                                                                                           (1) Alternative Methods of Compliance              addition, you can access this service
                                                   This AD was prompted by mandatory                                                                          information on the Internet at http://
                                                continuing airworthiness information (MCAI)             (AMOCs): The Manager, Standards Office,
                                                                                                        FAA, has the authority to approve AMOCs               www.regulations.gov by searching for and
                                                originated by an aviation authority of another                                                                locating Docket No. FAA–2016–6123.
                                                country to identify and correct an unsafe               for this AD, if requested using the procedures
                                                                                                        found in 14 CFR 39.19. Send information to               (5) You may view this service information
                                                condition on an aviation product. The MCAI                                                                    that is incorporated by reference at the
                                                describes the unsafe condition as insufficient          ATTN: Jim Rutherford, Aerospace Engineer,
                                                                                                        FAA, Small Airplane Directorate, 901 Locust,          National Archives and Records
                                                overlap of the airbrake panels. We are issuing                                                                Administration (NARA). For information on
                                                this proposed AD to require actions to                  Room 301, Kansas City, Missouri 64106;
                                                                                                        telephone: (816) 329–4165; fax: (816) 329–            the availability of this material at NARA, call
                                                address the unsafe condition on these                                                                         202–741–6030, or go to: http://
                                                products. We are issuing this AD to prevent             4090; email: jim.rutherford@faa.gov. Before
                                                                                                        using any approved AMOC on any airplane               www.archives.gov/federal-register/cfr/ibr-
                                                interlocking of the airbrake panels, which
                                                                                                        to which the AMOC applies, notify your                locations.html.
                                                could lead to blockage of the airbrakes and
jstallworth on DSK7TPTVN1PROD with RULES




                                                possible loss of control.                               appropriate principal inspector (PI) in the             Issued in Kansas City, Missouri, on
                                                                                                        FAA Flight Standards District Office (FSDO),          October 17, 2016.
                                                (f) Actions and Compliance                              or lacking a PI, your local FSDO.                     Pat Mullen,
                                                   Unless already done, do the following                   (2) Airworthy Product: For any requirement
                                                                                                                                                              Acting Manager, Small Airplane Directorate,
                                                actions in paragraphs (f)(1) and (2) of this            in this AD to obtain corrective actions from
                                                                                                                                                              Aircraft Certification Service.
                                                AD:                                                     a manufacturer or other source, use these
                                                   (1) Within the next 40 days after December           actions if they are FAA-approved. Corrective          [FR Doc. 2016–25674 Filed 10–26–16; 8:45 am]
                                                1, 2016 (the effective date of this AD), inspect        actions are considered FAA-approved if they           BILLING CODE 4910–13–P




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Document Created: 2016-10-27 01:52:31
Document Modified: 2016-10-27 01:52:31
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.
DatesThis AD is effective December 1, 2016.
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 Citation81 FR 74666 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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