[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Proposed Rules]
[Pages 68937-68939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26326]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1019; Project Identifier 2020-CE-006-AD]
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 Ventus-2a and Ventus-2b 
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 severe 
corrosion on the inboard flaperon actuation push rods and ball bearing 
connecting the flaperon push rod to the bell crank inside the wing. 
This proposed AD would require inspecting the affected parts of the 
flaperon control in the wings and taking corrective actions 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 January 20, 
2022.

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 https://www.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.
    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: 
hirth.com">info@schempp-hirth.com; website: https://www.schempp-hirth.com. 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 https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1019; 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.

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: 
[email protected].

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-2021-1019; Project Identifier 
2020-CE-006-AD'' 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 
https://www.regulations.gov, including any

[[Page 68938]]

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 2020-0063, dated March 18, 2020 (referred to after this as 
``the MCAI''), to address an unsafe condition on Schempp-Hirth 
Flugzeugbau GmbH Models Ventus-2a, Ventus-2b, Ventus-2c, Ventus-2cM, 
and Ventus-2cT gliders. The MCAI states:

    Severe corrosion has been found on the inboard flaperon 
actuation push rod of some sailplanes. Subsequent investigation 
determined that, when water ballast is dumped in flight, some water 
may be sucked into the wing upper side and enter the wing via the 
flaperon push rod. Intruding water may cause corrosion especially on 
the ball bearing connecting the flaperon push rod to the bell crank 
inside the wing.
    This condition, if not detected an[d] corrected, could lead to 
hard steering (when the ball bearing is damaged) or increased play 
(when the ball bearing has failed), possibly resulting in reduced 
control of the (powered) sailplane.
    To address this potential unsafe condition, Schempp-Hirth 
Flugzeugbau GmbH issued the [technical note] TN to provide 
inspection and replacement instructions.
    For the reason described above, this [EASA] AD requires 
repetitive inspections of the affected parts, as identified in the 
TN, and, depending on findings, replacement with serviceable parts.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1019.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Working 
Instructions for Technical Note No. 349-42/825-57, Revision 2, dated 
February 24, 2020. This service information contains procedures for 
inspecting the pushrod, joint head, and bell crank of the flaperon 
control of the wings for corrosion or other damage, and replacing or 
servicing (repair) if necessary. 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.

Other Related Service Information

    The FAA also reviewed Schempp-Hirth Flugzeugbau GmbH Technical Note 
No. 349-42/825-57, Revision 2, dated February 24, 2020. This service 
information specifies inspecting the pushrod, joint head, and bell 
crank of the flaperon control of the wings by following Schempp-Hirth 
Flugzeugbau GmbH Working Instructions for Technical Note No. 349-42/
825-57, Revision 2, dated February 24, 2020.

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 AD 
because it evaluated all information provided by the State of Design 
Authority and determined the unsafe condition exists and 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.''

Differences Between This Proposed AD and the MCAI

    The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Ventus-2c, 
Ventus-2cM, and Ventus-2cT gliders, and this proposed AD would not 
because they do not have an FAA type certificate.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 33 gliders of U.S. registry. The FAA also estimates that it 
would take about 1 work-hour per glider to comply with the inspection 
that would be required by this proposed AD. Based on these figures, the 
FAA estimates the inspection cost of this proposed AD on U.S. operators 
to be $2,805 or $85 per glider, per inspection cycle.
    In addition, the FAA estimates that each repair or replacement 
action required by this proposed AD would take up to 8 work-hours and 
require parts costing up to $800. Based on these figures, the FAA 
estimates the repair or replacement cost of this proposed AD on U.S. 
operators to be up to $1,480 per glider.

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

[[Page 68939]]

    (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

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-2021-1019; Project 
Identifier 2020-CE-006-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 20, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Ventus-
2a and Ventus-2b gliders, all serial numbers, certificated in any 
category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2700, Flight 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 address an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as severe corrosion 
on the inboard flaperon actuation push rods and ball bearing 
connecting the flaperon push rod to the bell crank inside the wing. 
The FAA is issuing this AD to prevent hard steering and increased 
play. The unsafe condition, if not addressed, could result in 
reduced control of the glider.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspections and Corrective Actions

    Within 90 days after the effective date of this AD and 
thereafter at intervals not to exceed 12 months, inspect the 
pushrod, joint head, and bell crank of the flaperon control of the 
wings for corrosion and other damage in accordance with Action 1 in 
Schempp-Hirth Flugzeugbau GmbH Working Instructions for Technical 
Note No. 349-42/825-57, Revision 2, dated February 24, 2020, and 
before further flight, repair or replace the affected part, as 
applicable, in accordance with Action 2 in Schempp-Hirth Flugzeugbau 
GmbH Working Instructions for Technical Note No. 349-42/825-57, 
Revision 2, dated February 24, 2020.

(h) 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 (i)(1) of 
this AD and email to: [email protected].
    (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.

(i) 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: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2020-0063, dated March 18, 2020, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-1019.
    (3) For service information identified in this AD, contact 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, 73230 Kirchheim/
Teck, Germany; telephone: +49 7021 7298-0; fax: +49 7021 7298-199; 
email: hirth.com">info@schempp-hirth.com; website: https://www.schempp-
hirth.com. 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 November 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26326 Filed 12-3-21; 8:45 am]
BILLING CODE 4910-13-P