[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Rules and Regulations]
[Pages 8349-8352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02773]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / 
Rules and Regulations  

[[Page 8349]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0162; Project Identifier MCAI-2022-01559-G; 
Amendment 39-22335; AD 2023-03-10]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus T 
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 identifies the unsafe condition as cracks in the 
connecting tube of the elevator U-bracket of the horizontal tail, which 
could compromise the stiffness of the elevator control system and of 
the attachment of the horizontal tail. This AD requires repetitively 
inspecting the elevator U-bracket for cracks and broken weld seams, the 
rear connection between the horizontal tail and the rear attachment on 
the fuselage for play and softness, and the foam support for 
compression between the vertical and horizontal tail, and replacing or 
repairing damaged parts as applicable. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective February 24, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 24, 
2023.
    The FAA must receive comments on this AD by March 27, 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-2023-0162; 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 street address for Docket Operations is listed 
above.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Schempp-Hirth, 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. It is also available at 
regulations.gov under Docket No. FAA-2023-0162.

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 data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-0162; Project Identifier MCAI-
2022-01559-G'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. 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 Emergency AD 2022-0242-E, dated December 7, 2022 (referred to 
after this as ``the MCAI''), to correct an unsafe condition on all 
Schempp-Hirth Flugzeugbau GmbH Model Arcus, Duo Discus, Duo Discus C, 
Nimbus-4, Nimbus-4D, Arcus M, Arcus T, Duo Discus T, Nimbus-4M, Nimbus-
4T, Nimbus-4DM, and Nimbus-4DT gliders. The MCAI states that instances 
have

[[Page 8350]]

been reported of finding cracks in the connecting tube of the elevator 
U-bracket of the horizontal tail of certain gliders. The MCAI requires 
a one-time inspection of the elevator U-bracket and the rear connection 
between the horizontal tail and the rear attachment on the fuselage for 
damage and repair or replacement of damaged parts as applicable. The 
MCAI also requires amendment of the glider's applicable aircraft flight 
manual (AFM).
    This condition, if not detected and corrected, could lead to 
failure of the elevator control system, loss of the horizontal tail 
attachment, and consequent loss of glider control. You may examine the 
MCAI in the AD docket at regulations.gov under Docket No. FAA-2023-
0162.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Working 
Instructions Technical Note 396-22, 380-3, 868-24, 890-18, A532-10, 
Revision 0, dated February 28, 2022 (issued as one document), which 
specifies procedures for inspecting the elevator U-bracket and the rear 
connection between the horizontal tail and the rear attachment on the 
fuselage for damage and repairing or replacing damaged parts.
    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 AD after determining that the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs.

AD Requirements

    This AD requires accomplishing the actions specified in the MCAI, 
except as discussed under ``Differences Between this AD and the MCAI.''

Differences Between This AD and the MCAI

    The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Arcus, Duo 
Discus C, Nimbus-4, Nimbus-4D, Arcus M, Arcus T, Nimbus-4M, Nimbus-4T, 
Nimbus-4DM, and Nimbus-4DT gliders, and this AD does not because those 
models do not have an FAA type certificate.
    The MCAI requires the incorporation of revisions to the flight 
manual that would instruct the pilot to inspect the horizontal tail and 
elevator U-bracket during each pre-flight walk-around. In the MCAI, a 
licensed mechanic performs the inspection required for those gliders 
with 1,000 or more hours time-in-service (TIS) on the elevator U-
bracket as of the effective date of the MCAI. Thereafter a pilot 
performs this inspection during the pre-flight walk-around. For those 
gliders with less than 1,000 hours TIS on the elevator U-bracket as of 
the effective date of the MCAI, the MCAI relies solely on the pilot to 
perform the inspection during the pre-flight walk-around. Since the FAA 
regulations do not allow a pilot to perform this type of inspection, 
this AD will require the inspection to be performed by a licensed 
mechanic for all gliders before further flight and thereafter at 12-
month intervals.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because damage in the elevator U-bracket or the rear connection between 
the horizontal tail and the rear attachment on the fuselage could 
happen without advanced warning and result in failure of the elevator 
control system, loss of the horizontal tail attachment, and consequent 
loss of glider control. Therefore, the inspection and any necessary 
replacement or repair must be accomplished before further flight. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 31 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
            Action                  Labor cost            Parts cost         Cost per  product      operators
----------------------------------------------------------------------------------------------------------------
Inspect elevator U-bracket....  4 work-hours x     Not Applicable..........  $340 per           $10,540 per
                                 $85 per hour =                               inspection cycle.  inspection
                                 $340.                                                           cycle.
Inspect horizontal tail         2 work-hours x     Not Applicable..........  $170 per           $5,270 per
 attachment.                     $85 per hour =                               inspection cycle.  inspection
                                 $170.                                                           cycle.
Inspect foam compression......  1 work-hour x $85  Not Applicable..........  $85 per            $2,635 per
                                 per hour = $85.                              inspection cycle.  inspection
                                                                                                 cycle.
----------------------------------------------------------------------------------------------------------------


[[Page 8351]]

    The FAA estimates the following costs to do any necessary 
replacement that would be required based on the results of the 
inspection. The agency has no data to determine the number of gliders 
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace elevator U-bracket....................  2 work-hours x $85 per hour =               $500            $670
                                                 $170.
Replace foam..................................  2 work-hours x $85 per hour =                100             270
                                                 $170.
----------------------------------------------------------------------------------------------------------------

    Since the repair instructions for the horizontal tail attachment 
could vary significantly from glider to glider if discrepancies are 
found during the inspection, the FAA has no data to determine the 
number of gliders that would need follow-on actions or what the cost 
per glider would be.

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

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:

2023-03-10 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-22335; 
Docket No. FAA-2023-0162; Project Identifier MCAI-2022-01559-G.

(a) Effective Date

    This airworthiness directive (AD) is effective February 24, 
2023.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft System Component (JASC) Code 2730, Elevator 
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 cracks in the 
connecting tube of the elevator U-bracket of the horizontal tail, 
which could compromise the stiffness of the elevator control system 
and of the attachment of the horizontal tail. The FAA is issuing 
this AD to address this condition. The unsafe condition, if not 
addressed, could result in failure of the elevator control system, 
loss of the horizontal tail attachment, and consequent loss of 
glider control.

(f) Compliance

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

(g) Required Actions

    (1) Before further flight after the effective date of this AD 
and thereafter at intervals not to exceed 12 months, inspect the 
elevator U-bracket for indications of cracking by following 
paragraphs 1.a) and 1.b) of Schempp-Hirth Flugzeugbau GmbH Working 
Instructions Technical Note 396-22, 380-3, 868-24, 890-18, A532-10, 
Revision 0, dated February 28, 2022 (issued as one document). For 
the purposes of this AD, indications of cracking include elastic and 
permanent twisting.
    Note 1 to paragraph (g)(1): Technical Note Schempp-Hirth 
Flugzeugbau GmbH Technical Note 396-22; and Schempp-Hirth 
Flugzeugbau GmbH Technical Note 890-18; both Revision 1; both dated 
October 13, 2022, contain information related to this AD.
    Note 2 to paragraph (g)(1): This service information contains 
German to English translation. The European Union Aviation Safety 
Agency (EASA) used the English translation in referencing the 
document from Schempp-Hirth Flugzeugbau GmbH. For enforceability 
purposes, the FAA will refer to the Schempp-Hirth Flugzeugbau GmbH 
service information in English as it appears on the document.
    (i) If indications of cracking are present, remove the elevator 
U-bracket and inspect it for any crack and broken weld seam by 
following paragraph 1.c) of Schempp-Hirth Flugzeugbau GmbH Working 
Instructions Technical Note 396-22, 380-3, 868-24, 890-18, A532-10, 
Revision 0, dated February 28, 2022 (issued as one document).
    (ii) If no indications of cracking are present and you do not 
have suitable tools such as a mirror, flashlight, borescope, or 
equivalent to do the inspection required in paragraph (g)(1)(i) of 
this AD, remove the elevator U-bracket and inspect for any crack and 
broken weld seam by following paragraph 1.c) of Schempp-Hirth 
Flugzeugbau GmbH Working Instructions Technical Note 396-22, 380-3, 
868-24, 890-18, A532-10, Revision 0, dated February 28, 2022 (issued 
as one document).
    (iii) If no indications of cracking are present and you have 
suitable tools such as a mirror, flashlight, borescope, or 
equivalent to do the inspection required in paragraph (g)(1)(i) of 
this AD, inspect the elevator U-bracket for any crack and broken 
weld seam by following paragraph 1.c) of Schempp-Hirth Flugzeugbau 
GmbH Working Instructions Technical Note 396-22, 380-3, 868-24, 890-
18, A532-10, Revision 0, dated February 28, 2022 (issued as one 
document). This inspection may be done without removing the elevator 
U-bracket.
    (2) If during any inspection as required by paragraph (g)(1) of 
this AD, there is any crack

[[Page 8352]]

or broken weld seam in the elevator U-bracket, before further 
flight, replace the elevator U-bracket by following paragraph 1.d) 
of Schempp-Hirth Flugzeugbau GmbH Working Instructions Technical 
Note 396-22, 380-3, 868-24, 890-18, A532-10, Revision 0, dated 
February 28, 2022 (issued as one document).
    (3) Before further flight after completing the actions in 
paragraph (g)(1) and (2) of this AD, as applicable, and thereafter 
at intervals not to exceed 12 months, rig the horizontal tail on the 
fin by following paragraph 1.d) of the Schempp-Hirth Flugzeugbau 
GmbH Working Instructions Technical Note 396-22, 380-3, 868-24, 890-
18, A532-10, Revision 0, dated February 28, 2022 (issued as one 
document).
    (4) Before further flight after completing the action in 
paragraph (g)(3) of this AD, and thereafter at intervals not to 
exceed 12 months, inspect for softness and play in the rear 
connection between the horizontal tail and the rear attachment on 
the fuselage by following paragraph 1.d) of Schempp-Hirth 
Flugzeugbau GmbH Working Instructions.
    Technical Note 396-22, 380-3, 868-24, 890-18, A532-10, Revision 
0, dated February 28, 2022 (issued as one document). If there is 
softness or play, before further flight, do the applicable 
corrective actions by following paragraph 1.d) of the Schempp-Hirth 
Flugzeugbau GmbH Working Instructions Technical Note 396-22, 380-3, 
868-24, 890-18, A532-10, Revision 0, dated February 28, 2022 (issued 
as one document). Where the service information specifies contacting 
Schempp-Hirth Flugzeugbau GmbH for a repair, instead use a method 
approved by the Manager, International Validation Branch, FAA; EASA; 
or Schempp-Hirth Flugzeugbau GmbH's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (5) Before further flight after completing the action in 
paragraph (g)(4) of this AD, and thereafter at intervals not to 
exceed 12 months, inspect the foam support for compression between 
the vertical and horizontal tail by following paragraph 1.d) of 
Schempp-Hirth Flugzeugbau GmbH Working Instructions Technical Note 
396-22, 380-3, 868-24, 890-18, A532-10, Revision 0, dated February 
28, 2022 (issued as one document). If the foam support has settled 
to the point that it cannot be further compressed, it must be 
replaced before further flight.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) 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, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. 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.

(j) Additional Information

    (1) Refer to EASA Emergency AD 2022-0242-E, dated December 7, 
2022, for related information. This EASA Emergency AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0162.
    (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 (k)(3) and (4) of this AD.

(k) 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 Working Instructions 
Technical Note 396-22, 380-3, 868-24, 890-18, A532-10, Revision 0, 
dated February 28, 2022 (issued as one document).
    Note 1 to paragraph (k)(1)(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 refer to the Schempp-Hirth 
Flugzeugbau GmbH service information in English as it appears on the 
document.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Schempp-Hirth, 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 February 3, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-02773 Filed 2-8-23; 8:45 am]
BILLING CODE 4910-13-P