[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Proposed Rules]
[Pages 76166-76169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26991]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1406; Project Identifier MCAI-2022-00590-G]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH and Schempp-Hirth 
Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2015-09-04 R1, which applies to DG Flugzeugbau GmbH Model DG-1000T 
gliders equipped with a Solo Kleinmotoren GmbH (currently Solo 
Vertriebs-und Entwicklungs-GmbH) (Solo) Model 2350 C engine. AD 2015-
09-04 R1 prohibits operation of the engine and requires performing a 
magnetic particle or dye penetrant inspection of the propeller shaft 
and reporting the results of the inspection to Solo. This proposed AD 
is 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 occurrences of rupture of the eccentric axle on 
Solo Model 2350 C engines (installed on DG Flugzeugbau GmbH Model DG-
1000T gliders in the United States) and an occurrence on a Solo Model 
2350 D engine (installed on Schempp-Hirth Flugzeugbau GmbH (Schempp-
Hirth) Model Duo Discus T gliders in the United States). This proposed 
AD would require repetitive replacement of the eccentric axle, would 
add the Schempp-Hirth Model Duo Discus T gliders to the applicability, 
and would retain from AD 2015-09-04 R1 the option of operating the 
glider with the engine non-operative instead of replacing the eccentric 
axle. 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 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-2022-1406; 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 
Solo Kleinmotoren GmbH, Postfach 600152, D71050 Sindelfingen, Germany; 
phone: +49 703 1301-0; fax: +49 703 1301-136; email: germany.com">[email protected]germany.com; website: aircraft.solo.global/gb/.
     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-2022-1406; Project Identifier 
MCAI-2022-00590-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 
the 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 FAA issued AD 2015-09-04 R1, Amendment 39-18492 (81 FR 26124, 
May 2, 2016) (AD 2015-09-04 R1), for DG Flugzeugbau GmbH Model DG-1000T 
gliders equipped with a Solo Model 2350 C engine. AD 2015-09-04 R1 was 
prompted by MCAI originated by the European Aviation Safety Agency (now 
European Union Aviation Safety Agency) (EASA), which is the Technical 
Agent for the Member States of the European Union. EASA issued AD 2015-
0052R1, dated November 19, 2015 (EASA AD 2015-0052R1), to correct an

[[Page 76167]]

unsafe condition identified as engine shaft failure.
    AD 2015-09-04 R1 prohibits operation of the engine and requires 
performing a magnetic particle or dye penetrant inspection of the 
propeller shaft and reporting the results of the inspection to Solo. 
The FAA issued AD 2015-09-04 R1 to prevent failure of the engine shaft 
with consequent propeller detachment that could result in damage to the 
glider or injury of persons on the ground.

Actions Since AD 2015-09-04 R1 Was Issued

    Since the FAA issued AD 2015-09-04 R1, EASA superseded AD 2015-
0052R1 and issued EASA AD 2022-0044R1, dated April 29, 2022 (referred 
to hereafter as ``the MCAI''). The MCAI states an occurrence of rupture 
of the eccentric axle on a Solo Model 2350 D engine (installed on 
Schempp-Hirth Model Duo Discus T gliders in the United States). The 
MCAI specifies replacing the eccentric axle with a new part and 
establishing a life limit for this part. You may examine the MCAI in 
the AD docket at regulations.gov under Docket No. FAA-2022-1406.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Solo Kleinmotoren GmbH Technische Mitteilung 
(English translation: Service Bulletin), Nr. 4603-19, Ausgabe (English 
translation: dated) January 31, 2022, which specifies procedures for 
replacing the eccentric axle with eccentric axle part number (P/N) 
2031211V2 for Solo Model 2350 D engines, which are installed on 
Schempp-Hirth Model Duo Discus T gliders in the United States.
    This material 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 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 retain a certain action from AD 2015-09-04 
R1. The operating limitation for the DG Flugzeugbau GmbH Model DG-1000T 
gliders equipped with a Solo Model 2350 C would continue to be allowed 
by the proposed AD instead of replacing the eccentric axle. This 
proposed AD would also add the Schempp-Hirth Model Duo Discus T gliders 
equipped with a Solo Model 2350 D engine to the applicability, and 
require repetitive replacement of the eccentric axle. This proposed AD 
would also require incorporation of the final rule into the Limitations 
section of the existing aircraft flight manual for your glider if the 
operator chooses to operate the glider with the engine inoperative. The 
proposed incorporation of the operating limitation into the flight 
manual of the glider and removal of the operating limitation may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records showing 
compliance in accordance with 14 CFR 43.9(a) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439. The proposed incorporation of the 
operating limitation into the flight manual of the glider and removal 
of the operating limitation are not considered maintenance actions and 
may be done equally by a pilot or a mechanic and are exceptions to the 
FAA's standard practice.

Differences Between This Proposed AD and the MCAI

    The MCAI, for the DG Flugzeugbau GmbH Model DG-1000T gliders 
equipped with a Solo Model 2350 C engine, has a compliance time for the 
initial eccentric axle replacement based on the effective date of 
superseded EASA AD 2015-0052-E, dated March 27, 2015. This proposed AD 
would have a compliance time for these gliders based on the effective 
date of the final rule because there was not a requirement in AD 2015-
09-04 R1 to replace the eccentric axle.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 8 gliders of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Replace the eccentric axle.......  2 work-hours x                 $100  $270 per             $2,160 per
                                    $85.00 per hour =                    replacement cycle.   replacement cycle.
                                    $170.
----------------------------------------------------------------------------------------------------------------

    If any operator chooses to not replace the eccentric axle and 
instead operates the glider with the engine inoperative, the proposed 
operating limitation incorporation would take .5 work-hour at $85 per 
hour for a total of $42.50 per airplane. If at any time after, the 
operator chooses to remove the operating limitation, this proposed 
action would also take .5 work-hour at $85 per hour for a total of 
$42.50 per airplane.

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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,

[[Page 76168]]

    (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:

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:
    a. Removing Airworthiness Directive 2015-09-04 R1, Amendment 39-
18492 (81 FR 26124, May 2, 2016); and
    b. Adding the following new airworthiness directive:

DG Flugzeugbau GmbH and Schempp-Hirth Flugzeugbau GmbH: Docket No. 
FAA-2022-1406; Project Identifier MCAI-2022-00590-G.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 27, 2023.

(b) Affected ADs

    This AD replaces AD 2015-09-04 R1, Amendment 39-18492 (81 FR 
26124, May 2, 2016).

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH Model DG-1000T gliders 
and Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Model Duo Discus 
T gliders, all serial numbers, certificated in any category, with a 
Solo Vertriebs- und Entwicklungs-GmbH (previously Solo Kleinmotoren 
GmbH) (Solo) Model 2350 C or Model 2350 D engine installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine 
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by occurrences of rupture of the eccentric 
axle on Solo Model 2350 C engines (installed on DG Flugzeugbau GmbH 
Model DG-1000T gliders in the United States) and an occurrence on a 
Solo Model 2350 D engine (installed on Schempp-Hirth Model Duo 
Discus T gliders in the United States). The FAA is issuing this AD 
to prevent failure of the engine shaft with consequent propeller 
detachment. The unsafe condition, if not addressed, could result in 
damage to the glider or injury of persons on the ground.

(f) Compliance

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

(g) Actions

    (1) For DG Flugzeugbau GmbH Model DG-1000T gliders equipped with 
a Solo Model 2350 C engine, before further flight after the 
effective date of this AD, replace each eccentric axle that is not 
part number (P/N) 2031211V2 with an eccentric axle that is P/N 
2031211V2 that has zero hours time-in-service (TIS).

    Note 1 to paragraph (g)(1):  DG Flugzeugbau Technical Note 1000/
26, dated September 23, 2015, contains information related to 
replacing the eccentric axle specific for the DG Flugzeugbau GmbH 
Model DG-1000T gliders. Solo Kleinmotoren GmbH Technische Mitteilung 
(English translation: Service Bulletin), Nr. 4603-17, Ausgabe 
(English translation: dated) July 15, 2015, contains information 
related to replacing the eccentric axle for the Solo Model 2350 C 
engine, but is not specific to the DG Flugzeugbau GmbH Model DG-
1000T gliders.

    (2) For Schempp-Hirth Model Duo Discus T gliders equipped with a 
Solo Model 2350 D engine, within 30 hours TIS of engine operation 
after the effective date of this AD, replace each eccentric axle 
that is not P/N 2031211V2 with an eccentric axle that is P/N 
2031211V2 that has zero hours TIS in accordance with Action 1, Note 
2, and Pictures 1 through 6 of Solo Kleinmotoren GmbH Technische 
Mitteilung (English translation: Service Bulletin), Nr. 4603-19, 
Ausgabe (English translation: dated) January 31, 2022.

    Note 2 to paragraph (g)(2):  This service information contains 
German to English translation. The European Union Aviation Safety 
Agency (EASA) used the English translation in referencing the 
document. For enforceability purposes, the FAA will refer to the 
Solo Kleinmotoren service information in English as it appears on 
the document.

    (3) For all gliders, after the initial replacement required by 
paragraph (g)(1) or (2) of this AD, as applicable, or if an 
eccentric axle P/N 2031211V2 was installed as of the effective date 
of this AD, within intervals not to exceed 50 hours TIS of engine 
operation, replace each eccentric axle P/N 2031211V2 with an 
eccentric axle P/N 2031211V2 that has zero hours TIS as specified in 
paragraph (g)(1) or (2) of this AD, as applicable.
    (4) It is allowed to operate a glider having a Solo Model 2350 C 
or Model 2350 D engine installed with the engine inoperative instead 
of replacing the eccentric axle. To operate with the engine 
inoperative, place a copy of this AD into the Limitations section of 
the existing aircraft flight manual for your glider and do not 
operate the engine.
    (i) Remove this operating limitation after replacing the 
eccentric axle as required by paragraphs (g)(1) or (2) and (3) of 
this AD.
    (ii) Both the incorporation and removal of the operating 
limitation may be performed by the owner/operator (pilot) holding at 
least a private pilot certificate and must be entered into the 
aircraft records showing compliance with this AD in accordance with 
Sec. Sec.  43.9(a) and 91.417(a)(2)(v). The record must be 
maintained as required by Sec.  91.417, 121.380, or 135.439.

(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, mail 
it to the address identified in paragraph (i)(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.

(i) Additional Information

    (1) Refer to EASA AD 2022-0044R1, dated April 29, 2022, for 
related information. This EASA AD may be found in the AD docket at 
regulations under Docket No. FAA-2022-1406.
    (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) For DG Flugzeugbau service information identified in this AD 
that is not incorporated by reference, contact DG Flugzeugbau GmbH, 
Otto-Lilienthal Weg 2, D-76646 Bruchsal, Germany; phone: +49 (0)7251 
3202-0; email: [email protected]; website: dg-flugzeugbau.de/. 
You may view this referenced 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.
    (4) Solo 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 (IBR) 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) Solo Kleinmotoren GmbH Technische Mitteilung (English 
translation: Service Bulletin), Nr. 4603-19, Ausgabe (English 
translation: dated) January 31, 2022.

    Note 3 to paragraph (j)(2)(i):  This service information 
contains German to English

[[Page 76169]]

translation. The EASA used the English translation in referencing 
the document. For enforceability purposes, the FAA will refer to the 
Solo Kleinmotoren service information in English as it appears on 
the document.

    (ii) [Reserved]
    (3) For Solo service information identified in this AD, contact 
Solo Kleinmotoren GmbH, Postfach 600152, D71050 Sindelfingen, 
Germany; phone: +49 703 1301-0; fax: +49 703 1301-136; email: 
germany.com">[email protected]germany.com; website: aircraft.solo.global/gb/.
    (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 December 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26991 Filed 12-12-22; 8:45 am]
BILLING CODE 4910-13-P


