DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0162; Project Identifier MCAI-2022-01559-G;
Amendment 39-22335; AD 2023-03-10]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
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 identifies the unsafe condition as cracks in the
connecting tube of the elevator U-bracket of the horizontal tail, which
could compromise the stiffness of the elevator control system and of
the attachment of the horizontal tail. This AD requires repetitively
inspecting the elevator U-bracket for cracks and broken weld seams, the
rear connection between the horizontal tail and the rear attachment on
the fuselage for play and softness, and the foam support for
compression between the vertical and horizontal tail, and replacing or
repairing damaged parts as applicable. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective February 24, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 24,
2023.
The FAA must receive comments on this AD by March 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-2023-0162; 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 street address for Docket Operations is listed
above.
Material Incorporated by Reference:
For service information identified in this final rule,
contact Schempp-Hirth, Krebenstrasse 25, Kirchheim unter Teck, Germany;
phone: +49 7021 7298-0; email: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. It is also available at
regulations.gov under Docket No. FAA-2023-0162.

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 data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0162; Project Identifier MCAI-
2022-01559-G'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. 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 Emergency AD 2022-0242-E, dated December 7, 2022 (referred to
after this as ``the MCAI''), to correct an unsafe condition on all
Schempp-Hirth Flugzeugbau GmbH Model Arcus, Duo Discus, Duo Discus C,
Nimbus-4, Nimbus-4D, Arcus M, Arcus T, Duo Discus T, Nimbus-4M, Nimbus-
4T, Nimbus-4DM, and Nimbus-4DT gliders. The MCAI states that instances
have been reported of finding cracks in the connecting tube of the elevator
U-bracket of the horizontal tail of certain gliders. The MCAI requires
a one-time inspection of the elevator U-bracket and the rear connection
between the horizontal tail and the rear attachment on the fuselage for
damage and repair or replacement of damaged parts as applicable. The
MCAI also requires amendment of the glider's applicable aircraft flight
manual (AFM).
This condition, if not detected and corrected, could lead to
failure of the elevator control system, loss of the horizontal tail
attachment, and consequent loss of glider control. You may examine the
MCAI in the AD docket at regulations.gov under Docket No. FAA-2023-
0162.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Working
Instructions Technical Note 396-22, 380-3, 868-24, 890-18, A532-10,
Revision 0, dated February 28, 2022 (issued as one document), which
specifies procedures for inspecting the elevator U-bracket and the rear
connection between the horizontal tail and the rear attachment on the
fuselage for damage and repairing or replacing damaged parts.
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 AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of these
same type designs.

AD Requirements

This AD requires accomplishing the actions specified in the MCAI,
except as discussed under ``Differences Between this AD and the MCAI.''

Differences Between This AD and the MCAI

The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Arcus, Duo
Discus C, Nimbus-4, Nimbus-4D, Arcus M, Arcus T, Nimbus-4M, Nimbus-4T,
Nimbus-4DM, and Nimbus-4DT gliders, and this AD does not because those
models do not have an FAA type certificate.
The MCAI requires the incorporation of revisions to the flight
manual that would instruct the pilot to inspect the horizontal tail and
elevator U-bracket during each pre-flight walk-around. In the MCAI, a
licensed mechanic performs the inspection required for those gliders
with 1,000 or more hours time-in-service (TIS) on the elevator U-
bracket as of the effective date of the MCAI. Thereafter a pilot
performs this inspection during the pre-flight walk-around. For those
gliders with less than 1,000 hours TIS on the elevator U-bracket as of
the effective date of the MCAI, the MCAI relies solely on the pilot to
perform the inspection during the pre-flight walk-around. Since the FAA
regulations do not allow a pilot to perform this type of inspection,
this AD will require the inspection to be performed by a licensed
mechanic for all gliders before further flight and thereafter at 12-
month intervals.

Justification for Immediate Adoption and Determination of the Effective
Date

Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because damage in the elevator U-bracket or the rear connection between
the horizontal tail and the rear attachment on the fuselage could
happen without advanced warning and result in failure of the elevator
control system, loss of the horizontal tail attachment, and consequent
loss of glider control. Therefore, the inspection and any necessary
replacement or repair must be accomplished before further flight.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act

The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

The FAA estimates that this AD affects 31 gliders of U.S. registry.
The FAA estimates the following costs to comply with this AD:

Estimated Costs

The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the
inspection. The agency has no data to determine the number of gliders
that might need this replacement:

On-Condition Costs

Since the repair instructions for the horizontal tail attachment
could vary significantly from glider to glider if discrepancies are
found during the inspection, the FAA has no data to determine the
number of gliders that would need follow-on actions or what the cost
per glider would be.

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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.

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: