[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
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Inspect airbrake system......... 2 work-hours x $85 Not applicable.... $170 per $5,440 per
per hour = $170. inspection cycle. inspection cycle.
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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
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Adjust airbrake system........................ 4 work-hours x $85 per hour = $200 $540
$340.
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[[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