[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Proposed Rules]
[Pages 71264-71266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25367]


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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. 224 / Tuesday, November 22, 2022 / 
Proposed Rules  

[[Page 71264]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1484; Project Identifier MCAI-2022-00897-G]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus 
T gliders. This proposed AD results from 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 identifies the unsafe condition as the 
airbrake becoming blocked or jammed in an extended position during high 
airspeed due to an incorrect adjustment on the airbrake system. This 
proposed AD would require repetitively inspecting the airbrake system 
and corrective action as necessary. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by January 6, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1484; 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.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim unter Teck, 
Germany; phone: +49 7021 7298-0; email: hirth.com">info@schempp-hirth.com; 
website: 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.

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: 

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 ADDRESSES. Include ``Docket No. FAA-2022-1484; Project Identifier 
MCAI-2022-00897-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 
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, 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 2022-0138, dated July 7, 2022 (referred to after this as ``the 
MCAI''), to correct an unsafe condition on all Schempp-Hirth 
Flugzeugbau GmbH Model Duo Discus, Duo Discus C, and Duo Discus T 
gliders. The MCAI states that an instance of the airbrake becoming 
blocked or jammed in an extended position during high airspeed on a Duo 
Discus glider occurred due to an incorrect adjustment on the airbrake 
system. A review of the manufacturer's maintenance manual revealed more 
maintenance information is needed to maintain the airbrake system in a 
serviceable condition. Accordingly, the MCAI requires repetitive 
inspections of the airbrake system and, depending on findings, 
accomplishing corrective actions in accordance with existing Schempp-
Hirth Flugzeugbau GmbH maintenance instructions or instructions 
received by contacting Schempp-Hirth Flugzeugbau GmbH.
    This condition, if not detected and corrected, could lead to 
blockage or

[[Page 71265]]

jamming of the airbrake and result in reduced control of the glider.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1484.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Maintenance 
Information SHK-M-01-22 for the Duo Discus and Duo Discus T airbrake 
system, dated January 26, 2022, which specifies procedures for 
inspecting and adjusting the airbrake system.
    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 ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 described above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the MCAI, except as discussed 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 Duo Discus 
C gliders, and this proposed AD does not because this model does not 
have an FAA type certificate.
    The MCAI requires accomplishing applicable corrective action in 
accordance with approved Schempp-Hirth Flugzeugbau GmbH maintenance 
instructions or contacting Schempp-Hirth Flugzeugbau GmbH for approved 
instructions and accomplishing those instructions accordingly. This 
proposed AD would require adjusting the airbrake system in accordance 
with a method approved by the FAA; EASA; or Schempp-Hirth Flugzeugbau 
GmbH's Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    The MCAI references incorporating maintenance tasks into the 
Schempp-Hirth Aircraft Maintenance Program (AMP) to ensure 
accomplishment of the tasks required in the MCAI. Because the AMP is 
not required by FAA regulations for U.S. operators of the affected 
gliders, the proposed AD does not reference this and the actions are 
contained within the proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 32 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                Parts cost                  Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspect airbrake system............  2 work-hours x $85     Not applicable..............  $170 per inspection cycle.....  $5,440 per inspection cycle.
                                      per hour = $170.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the proposed inspection. 
The agency has no way of determining the number of gliders that might 
need this action:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Adjust airbrake system.......................  4 work-hours x $85 per hour =              $200             $540
                                                $340.
----------------------------------------------------------------------------------------------------------------

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:

[[Page 71266]]

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-2022-1484; Project 
Identifier MCAI-2022-00897-G.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 6, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH (Schempp-
Hirth) Model Duo Discus and Duo Discus T gliders, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2760, Drag 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 identifies the unsafe condition as blocking or 
jamming of the airbrake. The FAA is issuing this AD to detect and 
correct such blockage or jamming of the airbrake system. The unsafe 
condition, if not addressed, could result in reduced control of the 
glider.

(f) Compliance

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

(g) Actions

    (1) Within 12 months after the effective date of this AD and 
thereafter at intervals not to exceed 12 months, inspect the 
airbrake system for smooth operation, for sufficient airbrake panel 
overlap, and for proper cockpit control adjustment in accordance 
with Section I, and either II or III, depending on your glider 
configuration, of Schempp-Hirth Flugzeugbau GmbH Maintenance 
Information SHK-M-01-22 for the Duo Discus and Duo Discus T airbrake 
system, dated January 26, 2022.
    Note 1 to paragraph (g)(1): Schempp-Hirth Flugzeugbau GmbH 
Technical Note 396-21, dated January 26, 2022; and Schempp-Hirth 
Flugzeugbau GmbH Technical Note 890-17, dated January 26, 2022, 
contain information related to this subject.
    (2) If, during any inspection as required by paragraph (g)(1) of 
this AD, any part of the airbrake system is not properly adjusted, 
before further flight, adjust the airbrake system in accordance with 
a method approved by the FAA; the European Union Aviation Safety 
Agency (EASA); or Schempp-Hirth's Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in Sec.  39.19. In accordance with Sec.  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)(2) of 
this AD or email to: [email protected]. If mailing 
information, also submit information by email.

(i) Additional Information

    (1) Refer to EASA AD 2022-0138, dated July 7, 2022, for related 
information. This EASA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2022-1484.
    (2) 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].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (j)(3) and (4) of this AD.

(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 Maintenance Information SHK-
M-01-22 for the Duo Discus and Duo Discus T airbrake system, dated 
January 26, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim unter 
Teck, Germany; phone: +49 7021 7298-0; email: hirth.com">info@schempp-hirth.com; website: 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25367 Filed 11-21-22; 8:45 am]
BILLING CODE 4910-13-P