Proposed Rule2021-22680
Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 21, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus T gliders. This proposed 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 jerky extension of the air brakes at very high air speeds, including cases where the air brake blades interlock. This proposed AD would require replacing certain air brake end stop bushings, inspecting certain other air brake end stops, and repairing if necessary. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 201 (Thursday, October 21, 2021)</title>
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[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Proposed Rules]
[Pages 58228-58230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22680]
[[Page 58228]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0878; Project Identifier MCAI-2020-01460-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 certain Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo
Discus T gliders. This proposed 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 jerky
extension of the air brakes at very high air speeds, including cases
where the air brake blades interlock. This proposed AD would require
replacing certain air brake end stop bushings, inspecting certain other
air brake end stops, and repairing if necessary. The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by December 6,
2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Schempp-
Hirth Flugzeugbau GmbH, Krebenstrasse 25, 73230 Kirchheim/Teck,
Germany; phone: +49 7021 7298-0; fax: +49 7021 7298-199; email:
<a href="/cdn-cgi/l/email-protection#5c35323a331c2f3f3439312c2c71603d7c342e393a61" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>; website: https://www.schempp-<a href="http://hirth.com">hirth.com</a>. You may
view this referenced 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 (816) 329-4148.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0878; 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.
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; fax: (816) 329-4090; email:
<a href="/cdn-cgi/l/email-protection#39535054174b4c4d515c4b5f564b5d795f5858175e564f"><span class="__cf_email__" data-cfemail="660c0f0b481413120e0314000914022600070748010910">[email protected]</span></a>.
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-2021-0878; Project Identifier
MCAI-2020-01460-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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, FAA, 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 2020-0233, dated October 27, 2020 (referred to after this as
``the MCAI''), to address an unsafe condition on certain serial-
numbered (S/N) Schempp-Hirth Flugzeugbau GmbH Model Duo Discus, Duo
Discus C, and Duo Discus T gliders. The MCAI states:
Occurrences were reported of experiencing jerky extension of the
airbrakes at very high air speeds, in some cases of which the
airbrake blades interlocked. An increasing number of age-related
damage was observed on a specific version (22 mm plastic bushes) of
the airbrake end-stops.
This condition, if not corrected, could lead to blockage of the
airbrakes, possibly resulting in reduced control of the (powered)
sailplane.
To address this potential unsafe condition, Schempp-Hirth issued
the applicable [technical note] TN (original issue) to provide
instructions to replace the affected parts with a new version
bushing, made of better material.
Since [EASA planned AD] PAD 20-119 was issued, it was discovered
that early s/n sailplanes were equipped with a single metal end stop
per airbrake. The applicable TN was revised accordingly. The PAD was
revised to include those metal end stops in the definition of
`affected part' to ensure these are inspected.
For the reasons described above, this [EASA] AD requires
replacement of certain affected parts with serviceable parts. For
other affected parts, this [EASA] AD requires a one-time inspection
for sufficient overlap and, depending on findings, accomplishment of
applicable corrective action(s). This [EASA] AD also prohibits
(re)installation of affected parts.
You may examine the MCAI in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0878.
[[Page 58229]]
Related Service Information Under 1 CFR Part 51
The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Working
Instructions for Technical Note 890-16 rev1 and Technical Note 396-20
rev1 action 1, dated September 18, 2020. The service information
contains procedures for replacing each air brake end stop plastic
bushing (22 mm) with an air brake end stop plastic bushing (32 mm). The
FAA also reviewed Schempp-Hirth Flugzeugbau GmbH Working Instructions
for Technical Note 396-20 rev1 action 2, dated September 18, 2020. The
service information contains procedures for inspecting each single air
brake metal end stop for overlap. 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.
FAA's Determination
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 and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in the service information already described, except as described under
``Differences Between this Proposed AD and the MCAI.'' This proposed AD
would also require repairing any single air brake metal end stop with
insufficient overlap.
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 would not because this model does not
have an FAA type certificate.
The MCAI allows credit for modifications done prior to the
effective date of the EASA AD in accordance with the original issue of
Schempp-Hirth TN 396-20/TN 890-16, but this proposed AD would not
provide such credit.
The MCAI prohibits installation of air brake end stop plastic
bushings (22 mm) after a glider has been modified with an air brake end
stop plastic bushing (32 mm). This proposed AD would prohibit
installation of air brake end stop plastic bushings (22 mm) as of the
effective date of this AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 27 gliders of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replace plastic end stop bushings. 4 work-hours x $85 $150 $490 Up to $13,230
per hour = $340. (depending on number
of gliders with
plastic end stop
bushings).
Inspect metal end stops........... 1 work-hour x $85 per 0 85 Up to $2,295
hour = $85. (depending on number
of gliders with
metal end stops).
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The FAA estimates the following costs to do any necessary repairs
that would be required based on the results of the proposed inspection.
The FAA has no way of determining the number of gliders that might need
these repairs:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Repair metal end stops....................... 4 work-hours x $85 per hour = $150 $490
$340.
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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.
[[Page 58230]]
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
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Schempp-Hirth Flugzeugbau GmbH: Docket No. FAA-2021-0878; Project
Identifier MCAI-2020-01460-G.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 6, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Schempp-Hirth Flugzeugbau GmbH gliders
identified in paragraphs (c)(1) and (2) of this AD, certificated in
any category.
(1) Model Duo Discus gliders, serial number (S/N) 1 through 541
inclusive, except S/N 534.
(2) Model Duo Discus T gliders, S/N 1 through 174 inclusive.
(d) Subject
Joint Aircraft System Component (JASC) Code 2760, Drag Control
System.
(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 describes the unsafe condition as jerky extension
of the air brakes at very high air speeds, including cases where the
air brake blades interlock. The FAA is issuing this AD to prevent
and correct damage of the airbrake end-stops. The unsafe condition,
if not addressed, could result in blockage of the air brakes and
reduced control of the glider.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For gliders with air brake end stop plastic bushings (22 mm)
installed: Within 3 months after the effective date of this AD,
replace each air brake end stop plastic bushing (22 mm) with an air
brake end stop plastic bushing (32 mm) in accordance with Schempp-
Hirth Flugzeugbau GmbH Working Instructions for Technical Note 890-
16 rev1 and Technical Note 396-20 rev1 action 1, dated September 18,
2020.
(2) For gliders with single air brake metal end stops installed:
Within 3 months after the effective date of this AD, inspect each
single air brake metal end stop for overlap in accordance with
Schempp-Hirth Flugzeugbau GmbH Working Instructions for Technical
Note 396-20 rev1 action 2, dated September 18, 2020. If there is
insufficient overlap, before further flight, repair using a method
approved by the FAA or the European Union Aviation Safety Agency
(EASA).
(h) Parts Installation Prohibition
As of the effective date of this AD, do not install an air brake
end stop plastic bushing (22 mm) on any glider.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 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, send
it to the attention of the person identified in paragraph (j)(1) of
this AD or email: <a href="/cdn-cgi/l/email-protection#b58c98f4e3e698f4fce79882868598f4f8faf6f5d3d4d49bd2dac3"><span class="__cf_email__" data-cfemail="734a5e3225205e323a215e4440435e323e3c30331512125d141c05">[email protected]</span></a>.
(2) 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.
(j) Related Information
(1) 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; fax: (816) 329-4090; email:
<a href="/cdn-cgi/l/email-protection#315b585c1f434445595443575e4355715750501f565e47"><span class="__cf_email__" data-cfemail="274d4e4a095552534f4255414855436741464609404851">[email protected]</span></a>.
(2) Refer to EASA AD 2020-0233, dated October 27, 2020, for more
information. You may examine the EASA AD in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating it in Docket No.
FAA-2021-0878.
(3) For service information identified in this AD, contact
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, 73230 Kirchheim/
Teck, Germany; phone: +49 7021 7298-0; fax: +49 7021 7298-199;
email: <a href="/cdn-cgi/l/email-protection#1b72757d745b6878737e766b6b36277a3b73697e7d26" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>; website: https://www.schempp-
<a href="http://hirth.com">hirth.com</a>. You may view this referenced 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 (816) 329-4148.
Issued on October 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-22680 Filed 10-20-21; 8:45 am]
BILLING CODE 4910-13-P
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