[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Rules and Regulations]
[Pages 19367-19369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06959]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 64 / Monday, April 4, 2022 / Rules 
and Regulations  

[[Page 19367]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1170; Project Identifier MCAI-2020-01572-G; 
Amendment 39-21970; AD 2022-06-04]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

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

DATES: This AD is effective May 9, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 9, 2022.

ADDRESSES: For service information identified in this final rule, 
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 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. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1170.

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 final rule, the 
MCAI, any comments received, and other information. The address for 
Docket Operations is U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

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; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain serial-numbered 
Schempp-Hirth Flugzeugbau GmbH Model Janus, Mini-Nimbus HS-7, Nimbus-2, 
and Standard Cirrus gliders. The NPRM published in the Federal Register 
on January 3, 2022 (87 FR 55). The NPRM was prompted by MCAI originated 
by the European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union. EASA 
issued 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.
    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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on these 
products. This AD is adopted as proposed in the NPRM.

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 specifies 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.

Differences Between This AD and the MCAI

    The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Standard

[[Page 19368]]

Cirrus B, Standard Cirrus CS 11-75L, and Nimbus-2M gliders, and this AD 
does not because these models do not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD affects 87 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        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.
----------------------------------------------------------------------------------------------------------------

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

    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 this AD:

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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

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:

2022-06-04 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-21970; 
Docket No. FAA-2021-1170; Project Identifier MCAI-2020-01572-G.

(a) Effective Date

    This airworthiness directive (AD) is effective May 9, 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 (issued as one document), 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 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 paragraph (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; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2020-0260, dated November 26, 2020, for more information.

[[Page 19369]]

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

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) 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).
    Note 1 to paragraph (j)(2)(i): This service information contains 
German to English translation. EASA used the English translation in 
referencing the document from Schempp-Hirth Flugzeugbau GmbH. For 
enforceability purposes, the FAA will cite references to the service 
information in English as it appears on the document.
    (ii) [Reserved]
    (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.
    (4) You may view this 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06959 Filed 4-1-22; 8:45 am]
BILLING CODE 4910-13-P