Tdata AD

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2010-04-15	SCHEIBE-FLUGZEUGBAU GMBH: Amendment 39-16208; Docket No. FAA-2010-0125; Directorate Identifier 2010-CE-005-AD.

EFFECTIVE DATE

(a) This airworthiness directive (AD) becomes effective March 15, 2010.

AFFECTED ADS

(b) None.

APPLICABILITY

(c) This AD applies to Model SF 25C gliders, serial numbers 44365  through
    44370, 44372, 44374, 44375,  and 44377 through 44450,  certificated in
    any category.

SUBJECT

(d) Air Transport Association of America (ATA) Code 55: Stabilizers.

REASON

(e) The mandatory continuing airworthiness information (MCAI) states:

    The aileron  hinges and  the stabilizer  are fastened  with steel tube
    rivets and brass tube rivets.

    During  a  complete  overhaul,  broken  brass  tube  rivets  have been
    detected.  It  has been  determined  that, due  to  production quality
    issue, the  upset heads  of the  brass tube  rivets could  break under
    normal load conditions.

    This  condition, if  not corrected,  could possibly  lead  to  loss of
    control of the powered sailplane.

    For the reason described above, this AD requires an inspection of  the
    affected tube rivets and, if necessary, their replacement.

ACTIONS AND COMPLIANCE

(f) Unless already  done,  do  the following  actions  in  accordance with
    SCHEIBE  AIRCRAFT GMBH  Service Bulletin  653-64,  dated  November 10,
    2009.

(1) Within the  next 2 days  after March 15,  2010 (the effective  date of
    this AD),  remove the  paint of  the tube  rivet heads  at the aileron
    -hinges at wing rib No. 16 (in  the area located at the lower side  of
    the  wing),  disconnect the  aileron  from the  wings,  disconnect the
    elevator from the stabilizer, and inspect the tube rivet heads at  the
    stabilizer to fuselage fittings to  determine if the tube rivet  heads
    are steel or brass.

(2) If  the aileron  hinges and  the stabilizer  to fuselage  fittings are
    connected to the ribs and the spar with steel tube rivets, no  further
    action is required.

(3) If the  aileron hinges  or the  stabilizer  to  fuselage fittings  are
    connected to the ribs and the spar with brass tube rivets 8x0, 75  mm,
    before  further  flight  after the  inspection  required  in paragraph
    (f)(1) of this AD, replace the brass tube rivets with screws.

FAA AD DIFFERENCES

NOTE: This AD differs from the MCAI and/or service information as follows:
No differences.

OTHER FAA AD PROVISIONS

(g) 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:  Greg  Davison,  Aerospace  Engineer,  FAA,  Small  Airplane
    Directorate,  901  Locust,  Room  301,  Kansas  City,  Missouri 64106;
    telephone:   (816)    329-4130;   fax:    (816)   329-4090;    e-mail:
    gregory.davison@faa.gov.  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.

(3) Reporting Requirements:  For any  reporting requirement  in  this  AD,
    under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
    seq.), the  Office of  Management and  Budget (OMB)  has approved  the
    information  collection  requirements  and  has  assigned  OMB Control
    Number 2120-0056.

RELATED INFORMATION

(h) Refer to MCAI European Aviation Safety Agency (EASA) Emergency AD  No.
    2010-0011-E, dated January 25, 2010, and SCHEIBE AIRCRAFT GMBH Service
    Bulletin 653-64, dated November 10, 2009, for related information.

MATERIAL INCORPORATED BY REFERENCE

(i) You  must use  SCHEIBE AIRCRAFT  GMBH Service  Bulletin 653-64,  dated
    November 10, 2009, to do the  actions required by this AD, unless  the
    AD specifies otherwise.

(1) The  Director of  the Federal  Register approved  the incorporation by
    reference of this service information under 5 U.S.C. 552(a) and 1  CFR
    part 51.

(2) For  service  information  identified  in  this  AD,  contact  Scheibe
    Aircraft  GmbH, Am  Flugplatz 5,  73540 Heubach,  Germany;  telephone:
    +49(0)7173 184286; fax: 4(0)7173 185587.

(3) You may  review copies  of  the  service information  incorporated  by
    reference  for this  AD at  the FAA,  Central Region,  Office  of  the
    Regional  Counsel,  901  Locust,  Kansas  City,  Missouri  64106.  For
    information  on  the  availability of  this  material  at the  Central
    Region, call (816) 329-3768.

(4) You may also review copies of the service information incorporated  by
    reference  for  this   AD  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/code_of_federal_regulations/i
    br_locations.html.

Issued in Kansas City, Missouri, on February 12, 2010. Steven W. Thompson,
Acting  Manager,  Small   Airplane  Directorate,  Aircraft   Certification
Service.

FOR FURTHER  INFORMATION CONTACT:  Greg Davison,  Aerospace Engineer, FAA,
Small Airplane Directorate,  901 Locust, Room  301, Kansas City,  Missouri
64106;   telephone:   (816)  329-4130;   fax:   (816)  329-4090;   e-mail:
gregory.davison@faa.gov.

PREAMBLE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The aileron hinges and the stabilizer are fastened with steel tube rivets and brass tube rivets.
During a complete overhaul, broken brass tube rivets have been detected. It has been determined that, due to production quality issue, the upset heads of the brass tube rivets could break under normal load conditions.
This condition, if not corrected, could possibly lead to loss of control of the powered sailplane.

This AD requires actions that are intended to address the unsafe condition described in the MCAI.

DATES: This AD becomes effective March 15, 2010.
On March 15, 2010, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD.
We must receive comments on this AD by April 9, 2010.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http:// www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; 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 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.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090; e-mail: gregory.davison@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Emergency AD No. 2010-0011-E, dated January 25, 2010 (referred to after this as "the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:

The aileron hinges and the stabilizer are fastened with steel tube rivets and brass tube rivets.
During a complete overhaul, broken brass tube rivets have been detected. It has been determined that, due to production quality issue, the upset heads of the brass tube rivets could break under normal load conditions.
This condition, if not corrected, could possibly lead to loss of control of the powered sailplane.
For the reason described above, this AD requires an inspection of the affected tube rivets and, if necessary, their replacement.

You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

SCHEIBE-Flugzeugbau GmbH has issued SCHEIBE AIRCRAFT GMBH Service Bulletin 653-64, dated November 10, 2009. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the brass tube rivets that are used to fasten the aileron hinges and the stabilizer are breaking. Investigation revealed that the brass tube rivets could break under normal load conditions, which could result in loss of control of the glider. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2010-0125; Directorate Identifier 2010-CE-005-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

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 that this AD:
(1) Is not a "significant regulatory action'' under Executive Order 12866;
(2) Is not a "significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3) 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.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD 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 FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD: