Discussion
What Has Happened So Far?
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for Germany, recently notified FAA that an unsafe condition may exist on certain SCHEMPP-HIRTH Model Duo-Discus gliders. The LBA reports an in-flight failure of the wing structure at maneuvering loads. Initial analysis indicates failure in the bonding of the spar cap and spar web.
SCHEMPP-HIRTH has received additional reports of bonding problems of the spar cap and spar web.
SCHEMPP-HIRTH has issued service information regarding this subject:
Technical Note No. 396-8/No. 890-3, dated August 1, 2003; and
Appendix to Technical Note No. 396-8/No. 890-3, dated August 1, 2003.
On January 27, 2003, FAA issued emergency AD 2003-16-51 to require you to inspect the bonding of the spar cap and spar web; and repair any defective bonding of the spar cap and spar web.
Why Is It Important To Publish this AD?
The FAA found thatimmediate corrective action was required, that notice and opportunity for prior public comment were impracticable and contrary to the public interest, and that good cause existed to make the AD effective immediately by individual letters issued on August 7, 2003, to all known U.S. operators of certain SCHEMPP-HIRTH Duo-Discus gliders. These conditions still exist, and the AD is published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons.
How Does the Revision to 14 CFR Part 39 Affect This AD?
On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to special flight permits, alternative methods of compliance, and altered products. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions.
Comments Invited
How Do I Comment on This AD?
Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, FAA invites your comments on the rule. You may submit whatever written data, views, or arguments you choose. You need to include the rule's docket number and submit your comments to the address specified under the caption ADDRESSES. We will consider all comments received on or before the closing date specified above. We may amend this rule in light of comments received. Factual information that supports your ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether we need to take additional rulemaking action.
Are There Any Specific Portions of the AD I Should Pay Attention To?
We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. You may view all comments we receive before and after the closing date of the rule in the Rules Docket. We will file a report in the Rules Docket that summarizes each FAA contact with the public that concerns the substantive parts of this AD.
How Can I Be Sure FAA Receives My Comment?
If you want us to acknowledge the receipt of your written comments, you must include a self-addressed, stamped postcard. On the postcard, write "Comments to Docket No. 2003-CE-33-AD." We will date stamp and mail the postcard back to you.
Regulatory Impact
Does This AD Impact Various Entities?
These regulations 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. Therefore, FAA has determined that this final rule does not have federalism implications under Executive Order 13132.
Does This AD Involve a Significant Rule or Regulatory Action?
We have determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a significant regulatory action under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket.
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 Federal Aviation Administration amendspart 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. FAA amends Sec. 39.13 by adding a new airworthiness directive (AD) to read as follows: