[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12820-12822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03997]



[[Page 12820]]

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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; 
Amendment 39-22347; AD 2023-03-22]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2015-09-04 
R1, which applied 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 
prohibited operation of the engine and required performing a magnetic 
particle or dye penetrant inspection of the propeller shaft and 
reporting the results of the inspection to Solo. This 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 AD requires repetitive 
replacement of the eccentric axle, adds the Schempp-Hirth Model Duo 
Discus T gliders to the applicability, and retains 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 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-2022-1406; 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 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 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. It is also available at 
regulations.gov under Docket No. FAA-2022-1406.

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 to supersede AD 2015-09-04 R1, Amendment 39-18492 (81 FR 
26124, May 2, 2016) (AD 2015-09-04 R1). AD 2015-09-04 R1 applied to DG 
Flugzeugbau GmbH Model DG-1000T gliders equipped with a Solo Model 2350 
C engine. AD 2015-09-04 R1 prohibited operation of the engine and 
required 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 address 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.
    The NPRM published in the Federal Register on December 13, 2022 (87 
FR 76166). The NPRM was prompted by AD 2022-0044R1, dated April 29, 
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 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 requires 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.
    In the NPRM, the FAA proposed to retain a certain action from AD 
2015-09-04 R1 in that the NPRM proposed to continue to allow the 
operating limitation for the DG Flugzeugbau GmbH Model DG-1000T gliders 
equipped with a Solo Model 2350 C instead of replacing the eccentric 
axle. The NPRM also proposed to 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. The NPRM also proposed to 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 owner/operator (pilot) holding at least a 
private pilot certificate may perform the proposed incorporation of the 
operating limitation into the flight manual of the glider and removal 
of the operating limitation, and the actions must be entered into the 
aircraft records showing compliance with this AD 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 existing flight 
manual of your glider and removal of the operating limitation are not 
considered maintenance actions and may be done equally by a pilot or a 
mechanic. This is an exception to the FAA's standard maintenance 
regulations.
    The FAA is issuing this AD to address the unsafe condition on these 
products.

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

[[Page 12821]]

requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. Except for 
minor editorial changes, this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Solo Kleinmotoren GmbH Technische Mitteilung 
(English translation: Service Bulletin), Nr. 4603-19, datum (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.

Differences Between This 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 AD has 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 affects 8 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
----------------------------------------------------------------------------------------------------------------
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 operating 
limitation incorporation will take .5 work-hour at $85 per hour for a 
total of $42.50 per glider. If at any time after, the operator chooses 
to remove the operating limitation, this action would also take .5 
work-hour at $85 per hour for a total of $42.50 per glider.

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 has determined that 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. Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2015-09-04 R1, Amendment 39-18492 
(81 FR 26124, May 2, 2016); and
0
b. Adding the following new airworthiness directive:

2023-03-22 DG Flugzeugbau GmbH and Schempp-Hirth Flugzeugbau GmbH: 
Amendment 39-22347; Docket No. FAA-2022-1406; Project Identifier 
MCAI-2022-00590-G.

(a) Effective Date

    This airworthiness directive (AD) is effective April 5, 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 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 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.

[[Page 12822]]

(f) Compliance

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

(g) Required 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, datum (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, 
dautm (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) The owner/operator (pilot) holding at least a private pilot 
certificate may perform both the incorporation and removal of the 
operating limitation and the actions must be entered into the 
aircraft records showing compliance with this AD 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.

(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.gov 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) 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, datum (English 
translation: dated) January 31, 2022.
    Note 3 to paragraph (j)(2)(i): This service information contains 
German to English 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 February 10, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03997 Filed 2-28-23; 8:45 am]
BILLING CODE 4910-13-P


