DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0891; Product Identifier 2018-CE-038-AD; Amendment
39-19462; AD 2018-21-04]
RIN 2120-AA64
Airworthiness Directives; Glasgflugel Gliders
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for
Glasflugel Models Club Libelle 205, H 301 ``Libelle,'' H 301B
``Libelle,'' Kestrel, Mosquito, Standard ``Libelle,'' and Standard
Libelle-201B gliders. 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 jamming
between the double two-ring end of the towing cable and the deflector
angles of the center of gravity (C.G.) release mechanism. We are
issuing this AD to require actions to address the unsafe condition on
these products.
DATES: This AD is effective November 13, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 13,
2018.
We must receive comments on this AD by December 10, 2018.
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.
For service information identified in this AD, contact Glasfaser
Flugzeug-Service GmbH, Hansjorg Streifeneder, Hofener Weg 61, 72582
Grabenstetten, Germany; phone: +49 (0)7382/1032; fax: +49 (0)7382/1629;
email: info@streifly.de; internet: http://www.streifly.de/kontakt-e.htm.
You
may view this referenced service information at the FAA,
Policy and Innovation, 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 locating Docket No. FAA-2018-0891.
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-2018-
0891; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Policy and Innovation Division, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email:
jim.rutherford@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 AD
No. 2018-0143-E, dated July 6, 2018 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Jamming between the double two ring end of the towing cable and
the deflector angles of the C.G. release mechanism was reported.
Subsequent investigation identified incorrect geometry of the
deflector angles of the affected part as likely cause of the
jamming.
This condition, if not detected and corrected, could lead to
failure to disconnect the towing cable, possibly resulting in
reduced or loss of control of the sailplane.
To address this potential unsafe condition, Glasfaser Flugzeug-
Service GmbH issued the TN [Technical Note] to provide inspection
instructions and corrective action.
For the reasons described above, this [EASA] AD requires
repetitive inspections of the affected part, and, depending on
findings, accomplishment of applicable corrective action(s). This
[EASA] AD also requires amendment of the sailplane Aircraft Flight
Manual (AFM).
You may examine the MCAI on the internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2018-0891.
Record of Ex Parte Communication
In preparation of AD actions, such as notices of proposed
rulemaking and immediately adopted final rules, the FAA obtains
technical data and information on the operational and economic impact
from design approval holders and aircraft operators. We discussed
certain aspects of this AD by email with Glasfaser Flugzeug-Service
GmbH. You may find a copy of each email contact in the rulemaking
docket. For information on locating the docket, see ``Examining the AD
Docket.''
Related Service Information Under 1 CFR Part 51
We reviewed Glasfaser-Flugzeug-Service GmbH Technical Note No. 5-
2018, dated June 25, 2018. The service information describes procedures
for measuring the distance between the deflector-angles at the C.G.
release and modifying the deflector-angles if necessary. 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.
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.
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
injury could occur to people on the ground if the towing cable breaks
during a wench launch. As such, operators must take corrective action
before the next launch 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-2018-0891; Product
Identifier 2018-CE-038-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.
Costs of Compliance
We estimate that this AD will affect 177 products of U.S. registry.
We also estimate that it would take about 1 work-hour per product to
comply with the inspection requirements of this AD. The average labor
rate is $85 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $15,045, or $85 per product.
We estimate that any modification of the deflector-angles that may
be necessary as a result of the inspection 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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.
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 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.
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
airworthiness directive (AD):
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