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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]
RIN 2120-AA64
Airworthiness Directives; 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 adopt a new airworthiness directive
(AD)
for all Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus
T gliders. This proposed AD results from 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
proposed AD would require repetitively inspecting the airbrake system
and corrective action as necessary. 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 6,
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-2022-1484; 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 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
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 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: jim.rutherford@faa.gov.
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-2022-1484; Project Identifier
MCAI-2022-00897-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
this 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 European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2022-0138, dated July 7, 2022 (referred to after this as ``the
MCAI''), to correct an unsafe condition on all Schempp-Hirth
Flugzeugbau GmbH Model Duo Discus, Duo Discus C, and Duo Discus T
gliders. 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.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1484.
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.
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 and service information 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 require accomplishing the actions specified
in the MCAI, except as discussed under ``Differences Between this
Proposed AD and the MCAI.''
Differences Between This Proposed AD and the MCAI
The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Duo Discus
C gliders, and this proposed 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
proposed AD would require 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, the proposed AD does not reference this and the actions are
contained within the proposed AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 32 gliders of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
| Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
| Inspect airbrake system |
2 work-hours x $85 per hour =
$170 |
Not applicable |
$170 per inspection cycle |
$5,440 per inspection cycle |
The FAA estimates the following costs
to do any necessary actions
that would be required based on the results of the proposed inspection.
The agency has no way of determining the number of gliders that might
need this action:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Adjust airbrake system |
4 work-hours x $85 per hour =
$340 |
$200
|
$540
|
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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(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
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:
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