DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1484; Project Identifier MCAI-2022-00897-G;
Amendment 39-22339; AD 2023-03-14]
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 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 the airbrake
becoming blocked or jammed in an extended position during high airspeed
due to an incorrect adjustment on the airbrake system. This AD requires
repetitively inspecting the airbrake system and taking corrective
action as necessary. 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-2022-1484; 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 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 Schempp-Hirth Flugzeugbau GmbH, 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-2022-1484.

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 all Schempp-Hirth
Flugzeugbau GmbH Model Duo Discus and Duo Discus T gliders. The NPRM
published in the Federal Register on November 22, 2022 (87 FR 71264).
The NPRM was prompted by AD 2022-0138, dated July 7, 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 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.
In the NPRM, the FAA proposed to require accomplishing the actions
specified in the MCAI, except as discussed under ``Differences Between
this Proposed AD and the MCAI.'' The FAA is issuing this AD to address
the unsafe condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1484.

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 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 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.

Differences Between This AD and the MCAI

The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Duo Discus
C gliders, and this 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 AD
requires 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, this AD does not reference the AMP and the actions are
contained within this AD.

Costs of Compliance

The FAA estimates that this AD affects 32 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 actions
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 action:

On-Condition 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 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

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: