[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12817-12819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04049]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1484; Project Identifier MCAI-2022-00897-G; 
Amendment 39-22339; AD 2023-03-14]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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 the airbrake 
becoming blocked or jammed in an extended position during high airspeed 
due to an incorrect adjustment on the airbrake system. This AD requires 
repetitively inspecting the airbrake system and taking corrective 
action as necessary. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 5, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 5, 
2023.

ADDRESSES: 
    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 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.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
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

[[Page 12818]]

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-2022-1484.

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 all Schempp-Hirth 
Flugzeugbau GmbH Model Duo Discus and Duo Discus T gliders. The NPRM 
published in the Federal Register on November 22, 2022 (87 FR 71264). 
The NPRM was prompted by AD 2022-0138, dated July 7, 2022 (referred to 
after this as ``the MCAI''), issued by the European Union Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Union. 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 jamming of the airbrake and result in reduced control of 
the glider.
    In the NPRM, the FAA proposed to require accomplishing the actions 
specified in the MCAI, except as discussed under ``Differences Between 
this Proposed AD and the MCAI.'' The FAA is issuing this AD to address 
the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1484.

Discussion of Final Airworthiness Directive

Comments

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

Conclusion

    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 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 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.

Differences Between This AD and the MCAI

    The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Duo Discus 
C gliders, and this 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 AD 
requires 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, this AD does not reference the AMP and the actions are 
contained within this AD.

Costs of Compliance

    The FAA estimates that this AD affects 32 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

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

    The FAA estimates the following costs to do any necessary actions 
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 action:

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


[[Page 12819]]

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,
    (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:

2023-03-14 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-22339; 
Docket No. FAA-2022-1484; Project Identifier MCAI-2022-00897-G.

(a) Effective Date

    This airworthiness directive (AD) is effective April 5, 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) Required 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 February 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04049 Filed 2-28-23; 8:45 am]
BILLING CODE 4910-13-P