[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Rules and Regulations]
[Pages 3032-3035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00973]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0878; Project Identifier MCAI-2020-01460-G; 
Amendment 39-21884; AD 2021-26-25]
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 
certain 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 describes the unsafe condition as jerky extension of 
the air brakes at very high air speeds, including cases where the air 
brake blades interlock. This AD requires replacing certain air brake 
end stop bushings, inspecting certain other air brake end stops, and 
repairing if necessary. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective February 24, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 24, 
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">[email protected]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-2021-0878.

[[Page 3033]]

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0878; 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; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    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 
(S/N) Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus T 
gliders. The NPRM published in the Federal Register on October 21, 2021 
(86 FR 58228). 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 2020-0233, 
dated October 27, 2020 (referred to after this as ``the MCAI''), to 
address the unsafe condition on certain S/N Schempp-Hirth Flugzeugbau 
GmbH Model Duo Discus, Duo Discus C, and Duo Discus T gliders. The MCAI 
states:

    Occurrences were reported of experiencing jerky extension of the 
airbrakes at very high air speeds, in some cases of which the 
airbrake blades interlocked. An increasing number of age-related 
damage was observed on a specific version (22 mm plastic bushes) of 
the airbrake end-stops.
    This condition, if not corrected, could lead to blockage of the 
airbrakes, possibly resulting in reduced control of the (powered) 
sailplane.
    To address this potential unsafe condition, Schempp-Hirth issued 
the applicable [technical note] TN (original issue) to provide 
instructions to replace the affected parts with a new version 
bushing, made of better material.
    Since [EASA planned AD] PAD 20-119 was issued, it was discovered 
that early s/n sailplanes were equipped with a single metal end stop 
per airbrake. The applicable TN was revised accordingly. The PAD was 
revised to include those metal end stops in the definition of 
`affected part' to ensure these are inspected.
    For the reasons described above, this [EASA] AD requires 
replacement of certain affected parts with serviceable parts. For 
other affected parts, this [EASA] AD requires a one-time inspection 
for sufficient overlap and, depending on findings, accomplishment of 
applicable corrective action(s). This [EASA] AD also prohibits 
(re)installation of affected parts.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0878.

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 Working 
Instructions for Technical Note 890-16 rev1 and Technical Note 396-20 
rev1 action 1, dated September 18, 2020. The service information 
contains procedures for replacing each air brake end stop plastic 
bushing (22 mm) with an air brake end stop plastic bushing (32 mm). The 
FAA also reviewed Schempp-Hirth Flugzeugbau GmbH Working Instructions 
for Technical Note 396-20 rev1 action 2, dated September 18, 2020. The 
service information contains procedures for inspecting each single air 
brake metal end stop for overlap. 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 Duo Discus 
C gliders, and this AD does not because this model does not have an FAA 
type certificate.
    The MCAI allows credit for modifications done prior to the 
effective date of the EASA AD in accordance with the original issue of 
Schempp-Hirth TN 396-20/TN 890-16, but this AD does not provide such 
credit.
    The MCAI prohibits installation of air brake end stop plastic 
bushings (22 mm) after a glider has been modified with an air brake end 
stop plastic bushing (32 mm). This AD prohibits installation of air 
brake end stop plastic bushings (22 mm) as of the effective date of 
this AD.

Costs of Compliance

    The FAA estimates that this AD affects 27 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        glider            operators
----------------------------------------------------------------------------------------------------------------
Replace plastic end stop bushings.  4 work-hours x $85               $150            $490  Up to $13,230
                                     per hour = $340.                                       (depending on number
                                                                                            of gliders with
                                                                                            plastic end stop
                                                                                            bushings)
Inspect metal end stops...........  1 work-hour x $85 per              $0             $85  Up to $2,295
                                     hour = $85.                                            (depending on number
                                                                                            of gliders with
                                                                                            metal end stops)
----------------------------------------------------------------------------------------------------------------

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

[[Page 3034]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        glider
----------------------------------------------------------------------------------------------------------------
Repair metal end stops........................  4 work-hours x $85 per hour =               $150            $490
                                                 $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

    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:

2021-26-25 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-21884; 
Docket No. FAA-2021-0878; Project Identifier MCAI-2020-01460-G.

(a) Effective Date

    This airworthiness directive (AD) is effective February 24, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Schempp-Hirth Flugzeugbau GmbH gliders 
identified in paragraphs (c)(1) and (2) of this AD, certificated in 
any category.
    (1) Model Duo Discus gliders, serial number (S/N) 1 through 541 
inclusive, except S/N 534.
    (2) Model Duo Discus T gliders, S/N 1 through 174 inclusive.

(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 describes the unsafe condition as jerky extension 
of the air brakes at very high air speeds, including cases where the 
air brake blades interlock. The FAA is issuing this AD to prevent 
and correct damage of the airbrake end-stops. The unsafe condition, 
if not addressed, could result in blockage of the air brakes and 
reduced control of the glider.

(f) Compliance

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

(g) Required Actions

    (1) For gliders with air brake end stop plastic bushings (22 mm) 
installed: Within 3 months after the effective date of this AD, 
replace each air brake end stop plastic bushing (22 mm) with an air 
brake end stop plastic bushing (32 mm) in accordance with Schempp-
Hirth Flugzeugbau GmbH Working Instructions for Technical Note 890-
16 rev1 and Technical Note 396-20 rev1 action 1, dated September 18, 
2020.
    (2) For gliders with single air brake metal end stops installed: 
Within 3 months after the effective date of this AD, inspect each 
single air brake metal end stop for overlap in accordance with 
Schempp-Hirth Flugzeugbau GmbH Working Instructions for Technical 
Note 396-20 rev1 action 2, dated September 18, 2020. If there is 
insufficient overlap, before further flight, repair using a method 
approved by the FAA or the European Union Aviation Safety Agency 
(EASA).

(h) Parts Installation Provision

    As of the effective date of this AD, do not install an air brake 
end stop plastic bushing (22 mm) on any glider.

(i) 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 (j)(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.

(j) 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; fax: (816) 329-4090; email: 
[email protected].
    (2) Refer to EASA 2020-0233, dated October 27, 2020, for more 
information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0878.

(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 for 
Technical Note 396-20 rev1 action 2, dated September 18, 2020.
    Note 1 to paragraph (k)(2)(i): The service information listed in 
paragraphs (k)(2)(i) of

[[Page 3035]]

this AD 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 the 
service information in English as it appears on the document
    (ii) Schempp-Hirth Flugzeugbau GmbH Working Instructions for 
Technical Note 890-16 rev1 and Technical Note 396-20 rev1 action 1, 
dated September 18, 2020.
    (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">[email protected]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 December 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-00973 Filed 1-19-22; 8:45 am]
BILLING CODE 4910-13-P


