[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Proposed Rules]
[Pages 55-57]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28320]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1170; Project Identifier MCAI-2020-01572-G]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Schempp-Hirth Flugzeugbau GmbH Model Janus, Mini-Nimbus HS-
7, Nimbus-2, and Standard Cirrus gliders. This proposed 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 a disconnected pendulum elevator. This proposed AD would 
require installing colored markings and revising the existing aircraft 
flight manual (FM) and service manual (SM). The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 
17, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Schempp-
Hirth Flugzeugbau GmbH, Krebenstrasse 25, 73230 Kirchheim/Teck, 
Germany; phone: +49 7021 7298-0; fax: +49 7021 7298-199; email: 
hirth.com">info@schempp-hirth.com; website: https://www.schempp-hirth.com. You may 
view this referenced service information at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1170; 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 NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; 
phone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2021-1170; 
Project Identifier MCAI-2020-01572-G'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. The FAA will consider all comments received by the 
closing date and may amend this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Jim 
Rutherford, Aviation Safety Engineer, FAA, General Aviation & 
Rotorcraft Section, International Validation Branch, FAA, 901 Locust, 
Room 301, Kansas City, MO 64106. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2020-0260, dated November 26, 2020 (referred to after this as 
``the MCAI''), to address an unsafe condition on certain serial 
numbered Schempp-Hirth Flugzeugbau GmbH Model Janus, Mini-Nimbus HS 7, 
Nimbus-2, Standard Cirrus, Standard Cirrus B, Standard Cirrus CS 11-
75L, and Nimbus-2M gliders. The MCAI states:

    During an aero tow of a Standard Cirrus, the pendulum elevator 
disconnected. The technical investigation concluded that the 
elevator attachment was not properly locked. Due to similarity of 
design, this kind of event could also occur on other Schempp-Hirth 
sailplanes, including Nimbus-2M powered sailplanes.

[[Page 56]]

    This condition, if not corrected, could lead to failure of the 
elevator connection and loss of control of the (powered) sailplane.
    To address this potential unsafe condition, Schempp-Hirth 
published the [technical note] TN, providing instructions to install 
an optical indicator and to update the Aircraft Flight Manual (AFM).
    For the reasons described above, this [EASA] AD requires 
installation of an optical indicator and amendment of the AFM.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1170.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Technical Note No. 
278-40/286-36/295-33/328-14/798-4, Revision 1, dated November 12, 2020 
(issued as one document). The service information contains procedures 
for installing colored markings to the top of the elevator on both 
sides of the locking mechanism and revising the existing aircraft FM 
and SM. 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

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except as described under 
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Standard 
Cirrus B, Standard Cirrus CS 11-75L, and Nimbus-2M gliders, and this 
proposed AD would not because these models do not have an FAA type 
certificate.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 87 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        glider         operators
----------------------------------------------------------------------------------------------------------------
Install markings......................  1 work-hour x $85 per                $10             $95          $8,265
                                         hour = $85.
Revise FM and SM......................  1 work-hour x $85 per                  0              85           7,395
                                         hour = $85.
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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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 airworthiness 
directive:

Schempp-Hirth Flugzeugbau GmbH: Docket No. FAA-2021-1170; Project 
Identifier MCAI-2020-01572-G.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 17, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Janus, 
Mini-Nimbus HS-7, Nimbus-2, and Standard Cirrus gliders, with a 
serial number listed in Schempp-Hirth Flugzeugbau GmbH Technical 
Note No. 278-40/286-36/295-33/328-14/798-4, Revision 1, dated 
November 12, 2020, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2700, Flight Control 
System.

(e) Unsafe Condition

    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 a disconnected 
pendulum elevator. The FAA is

[[Page 57]]

issuing this AD to prevent an improperly locked elevator attachment. 
The unsafe condition, if not addressed, could result in failure of 
the elevator connection and loss of control of the glider.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 90 days after the effective date of this AD, do the 
following actions concurrently.
    (1) Install colored markings on the elevator in accordance with 
Action 1 in Schempp-Hirth Flugzeugbau GmbH Technical Note No. 278-
40/286-36/295-33/328-14/798-4, Revision 1, dated November 12, 2020 
(issued as one document).
    (2) Revise the existing aircraft flight manual (FM) and service 
manual (SM) for your glider by replacing the pages specified in 
Action 2 in Schempp-Hirth Flugzeugbau GmbH Technical Note No. 278-
40/286-36/295-33/328-14/798-4, Revision 1, dated November 12, 2020 
(issued as one document), as applicable to your glider, with the 
revised pages for the manual applicable to your glider dated June 
2020.
    (3) The action required by paragraph (g)(2) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9(a)(1) 
through (4) and 14 CFR 91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in (i)(1) of this AD 
and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD, contact Jim Rutherford, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2020-0260, dated November 26, 2020, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2021-1170.
    (3) For service information identified in this AD, contact 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, 73230 Kirchheim/
Teck, Germany; phone: +49 7021 7298-0; fax: +49 7021 7298-199; 
email: hirth.com">info@schempp-hirth.com; website: https://www.schempp-
hirth.com. You may view this referenced service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.

    Issued on December 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-28320 Filed 12-30-21; 8:45 am]
BILLING CODE 4910-13-P