DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0202; Product Identifier 2018-CE-050-AD; Amendment
39-19597; AD 2019-04-01]
RIN 2120-AA64
Airworthiness Directives; HPH s. r.o. 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
HPH s.
r.o. Models Glasflugel 304C, Glasflugel
304CZ, and
Glasflugel 304CZ-17
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 April 23, 2019
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 23,
2019.
We must receive comments on this AD by May 20, 2019.
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 HPH, spol.s
r.o., Caslavska 234, 284 01 Kutn[aacute] Hora, Czech
Republic; phone: +420 327 513 441; email: info@hph.cz; internet:
www.hph.cz. 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-2019-0202.
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-2019-
0202; 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 Divsion, 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. 2018-0207-E, dated September 19, 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 affected part [C.G. release mechanism]
was reported for certain Glasfaser-Flugzeug-Service sailplanes.
Subsequent investigation identified incorrect geometry of the
deflector angles of the affected part as likely cause of the
jamming. Consequently, EASA issued Emergency AD 2018-0143-E to
require repetitive inspections.
Due to design similarities between Glasfaser Glasfl[uuml]gel 304
sailplanes and the HPH Glasfl[uuml]gel 304, it was determined that
the same unsafe condition could also affect those sailplanes.
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, HPH, spol.s r.o.
issued the SB 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 actions(s).
You may examine the MCAI on the internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2019-0202.
Related Service Information Under 1 CFR Part 51
HPH spol.s r.o. has issued Service bulletin No. G304 CZ-10 a), G304
CZ-17--10 a), G304 C-10 a), dated August 28, 2018 (co-published as one
document). The service information contains procedures for measuring
the distance between the deflector angles at the C.G. release and
modifying the distance between 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 of this AD.
Interim Action
We consider this AD interim action. The MCAI requires repeating the
actions in this AD at each annual inspection. We plan to publish a
notice of proposed rulemaking for these requirements. The planned
compliance time for these repetitive measurements would allow enough
time to provide notice and opportunity for prior comment.
FAA's Determination and Requirements of This 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 this
condition, if not detected and corrected, could lead to failure to
disconnect the towing cable, possibly resulting in losing of control of
the glider, which could cause injury to people on the ground if the
towing cable breaks during a winch 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. In addition, for the reasons stated
above, we find that good cause exists for making this amendment
effective in less 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-2019-0202; Directorate
Identifier 2018-CE-050-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 45 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
measure the distance between the deflector angles. The average labor
rate is $85 per work-hour.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $3,825, or $85 per product.
We estimate that any modification of the deflector angles that may
be necessary as a result of the inspection will 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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