DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1170; Project Identifier MCAI-2020-01572-G;
Amendment 39-21970; AD 2022-06-04]
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 Janus, Mini-Nimbus HS-7,
Nimbus-2, and Standard Cirrus 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 a disconnected pendulum elevator. This AD requires
installing colored markings and revising the existing aircraft flight
manual (FM) and service manual (SM). The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective May 9, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 9, 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:info@schempp-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-2021-1170.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1170; 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; email: jim.rutherford@faa.gov.

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 certain serial-numbered
Schempp-Hirth Flugzeugbau GmbH Model Janus, Mini-Nimbus HS-7, Nimbus-2,
and Standard Cirrus gliders. The NPRM published in the Federal Register
on January 3, 2022 (87 FR 55). 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 2020-0260, dated November 26, 2020 (referred to after this as
``the MCAI''), to address an unsafe condition on certain serial
numbered Schempp-Hirth Flugzeugbau GmbH Model Janus, Mini-Nimbus HS 7,
Nimbus-2, Standard Cirrus, Standard Cirrus B, Standard Cirrus CS 11-
75L, and Nimbus-2M gliders. The MCAI states:

During an aero tow of a Standard Cirrus, the pendulum elevator
disconnected. The technical investigation concluded that the
elevator attachment was not properly locked. Due to similarity of
design, this kind of event could also occur on other Schempp-Hirth
sailplanes, including Nimbus-2M powered sailplanes.
This condition, if not corrected, could lead to failure of the
elevator connection and loss of control of the (powered) sailplane.
To address this potential unsafe condition, Schempp-Hirth
published the [technical note] TN, providing instructions to install
an optical indicator and to update the Aircraft Flight Manual (AFM).
For the reasons described above, this [EASA] AD requires
installation of an optical indicator and amendment of the AFM.

You may examine the MCAI in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-1170.

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 Technical Note No.
278-40/286-36/295-33/328-14/798-4, Revision 1, dated November 12, 2020
(issued as one document). The service information specifies procedures
for installing colored markings to the top of the elevator on both
sides of the locking mechanism and revising the existing aircraft FM
and SM. 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 Standard
Cirrus B, Standard Cirrus CS 11-75L, and Nimbus-2M gliders, and this AD
does not because these models do not have an FAA type certificate.

Costs of Compliance

The FAA estimates that this AD affects 87 gliders of U.S. registry.
The FAA estimates the following costs to comply with this AD:

Estimated Costs

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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: