[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26969-26972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09890]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0506; Project Identifier MCAI-2022-00507-G; 
Amendment 39-22037; AD 2022-09-17]
RIN 2120-AA64


Airworthiness Directives; Scheibe-Aircraft-GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Scheibe-Aircraft-GmbH Model SF 25 C gliders. This AD was 
prompted by mandatory continuing airworthiness information (MCAI) 
issued by the aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI identifies 
the unsafe condition as severe corrosion on the inner surface of the 
control stick tube. This AD requires inspecting the left-hand (LH) and 
right-hand (RH) control sticks for corrosion and, if corrosion is 
found, replacing the affected control stick. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective May 23, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 23, 
2022.
    The FAA must receive comments on this AD by June 21, 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 final rule, contact 
Scheibe Aircraft GmbH, Am Flugplatz 5, Heubach, D-73540, Germany; 
phone: +49 07173 184286; email: [email protected]; website: 
https://scheibe-aircraft.de/. 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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0506.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0506; 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 the 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; email: [email protected].

SUPPLEMENTARY INFORMATION:

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 2022-0066-E, dated April 11, 2022 (referred to after 
this as ``the MCAI''), to address an unsafe condition on Scheibe-
Aircraft-GmbH (formerly Sportavia-P[uuml]tzer GmbH & Co. KG and Scheibe 
Flugzeugbau GmbH) Model SF 25-series sailplanes (gliders). The MCAI 
states:

    An occurrence was reported of finding fracture in a RH control 
stick of a powered sailplane, located above the weld seam at the 
transfer joint. Subsequent investigation determined that the 
fracture was a result of severe corrosion phenomena affecting the 
inner surface of the control stick tube due to water ingress.
    This condition, if not detected and corrected, could lead to a 
rupture of an affected part, possibly resulting in reduced control, 
or loss of control, of the powered sailplane.
    To address this unsafe condition, Scheibe issued the original 
issue of [service bulletin] TM/SB 653-96 to provide inspection and 
replacement instructions.
    Consequently, EASA issued Emergency AD 2022-0043-E (later 
revised) to require repetitive inspections of each affected part to 
detect corrosion and replacement of each affected part with a 
serviceable part.
    Since EASA AD 2022-0043R1 was issued, it was identified that 
powered sailplanes on which Scheibe mod[ification] 653C-41-S10.1 is 
embodied are also affected by this unsafe condition.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2022-0043R1, which is superseded, and 
expands the Applicability.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0506.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Scheibe Aircraft GmbH Service Bulletin 653-96/1, 
dated April 4, 2022. This service information specifies procedures for 
repetitive inspections for corrosion on the LH and RH control sticks 
and replacement instructions for when corrosion is found. 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.

Other Related Service Information

    The FAA also reviewed Scheibe Aircraft GmbH Service Bulletin 653-
96, dated March 2, 2022. This service information specifies procedures 
for repetitive inspections for corrosion on the LH and RH control 
sticks and replacement instructions for when corrosion is found.

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

[[Page 26970]]

information referenced above. The FAA is issuing this AD because it has 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design.

AD Requirements

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

Differences Between This AD and the MCAI

    The MCAI applies to serial numbers (S/N) 44147 through S/N 44159 
inclusive, and this AD does not because those gliders are not eligible 
for import into the United States.
    The MCAI applies to Model SF 25 E and SF 25 K gliders, and this AD 
does not because they do not have an FAA type certificate.
    The MCAI allows for a 30-day compliance time tolerance for the 
repetitive inspections to coincide with other maintenance tasks, and 
this AD does not.
    The MCAI allows the pilot-owner to do the inspections, and this AD 
does not.
    The MCAI specifies a 20-month modification requirement. The FAA is 
considering requiring this modification; however, the planned 
compliance time for this modification would allow enough time to 
provide notice and opportunity for prior public comment on the merits 
of this modification. The FAA may require that modification in a future 
AD action.

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 waiving notice and comment prior to adoption of this rule 
because the amount of time moisture has accumulated in the control 
sticks and caused corrosion to develop is unknown. Therefore, the 
initial inspection 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.

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-2022-0506 and Project Identifier 
MCAI-2022-00507-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 
https://www.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.

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 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 1 glider of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                    Labor cost             Parts cost             glider         operators
----------------------------------------------------------------------------------------------------------------
Inspect LH and RH control sticks.  4 work-hours x $85   Not Applicable..........            $340            $340
                                    per hour = $340.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to replace a single control 
stick, if required based on the results of the inspection:

[[Page 26971]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        glider
----------------------------------------------------------------------------------------------------------------
Replace single control stick..................  4 work-hours x $85 per hour =               $500            $840
                                                 $340.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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

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:

2022-09-17 Scheibe-Aircraft-GmbH: Amendment 39-22037; Docket No. 
FAA-2022-0506; Project Identifier MCAI-2022-00507-G.

(a) Effective Date

    This airworthiness directive (AD) is effective May 23, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Scheibe-Aircraft-GmbH Model SF 25 C gliders, 
certificated in any category, that have Scheibe Modification 
653E.41-S10 or 653C-41-S10.1 installed.

(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 correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as severe 
corrosion on the inner surface of the control stick tube. The FAA is 
issuing this AD to detect corrosion on the left-hand (LH) and right-
hand (RH) control sticks, which, if not corrected, could lead to 
failure of the control stick tube and loss of control of the glider.

(f) Compliance

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

(g) Inspection and Replacement

    (1) Before further flight after the effective date of this AD 
and thereafter at intervals not to exceed 12 months or 100 hours 
time-in-service, whichever occurs first, inspect all control sticks 
(other than part number (P/N) 20093, P/N 20093/G, P/N 20094, and P/N 
20094/G) for corrosion by following Action 1, step 1.4, in Scheibe 
Aircraft GmbH Service Bulletin 653-96/1, dated April 4, 2022 (SB 
653-96/1), except you may use a borescope instead of an endoscope. 
If there is any corrosion, before further flight, replace the 
affected control stick with a LH control stick P/N 20093 or P/N 
20093/G; or a RH control stick P/N 20094 or P/N 20094/G by following 
Action 3 (all steps) in SB 653-96/1.
    (2) Replacing a control stick with LH control stick P/N 20093 or 
P/N 20093/G; or RH control stick P/N 20094 or P/N 20094/G, 
terminates the repetitive inspection for that control stick side 
only. Replacing both control sticks with LH control stick P/N 20093 
or P/N 20093/G and RH control stick P/N 20094 or P/N 20094/G 
terminates the repetitive inspection for both sides.
    (3) As of the effective date of this AD, do not install on any 
glider a control stick that has a P/N other than LH control stick P/
N 20093 or P/N 20093/G; or RH control stick P/N 20094 or P/N 20094/
G.

(h) Credit for Previous Actions

    You may take credit for the action required by paragraph (g)(1) 
of this AD if you performed those actions before the effective date 
of this AD using Scheibe Aircraft GmbH Service Bulletin 653-96, 
dated March 2, 2022.

(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 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.

(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; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) 
Emergency AD 2022-0066-E, dated April 11, 2022, for more 
information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2022-0506.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (4) of this AD.

[[Page 26972]]

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Scheibe Aircraft GmbH Service Bulletin 653-96/1, dated April 
4, 2022.
    Note 1 to paragraph (k)(2)(i): Page 4 of this service 
information is identified as 653-95.
    Note 2 to paragraph (k)(2)(i): This service information contains 
German to English translation. EASA used the English translation in 
referencing the document from Scheibe Aircraft GmbH. For 
enforceability purposes, the FAA will cite the service information 
in English as it appears on the document.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Scheibe Aircraft GmbH, Am Flugplatz 5, Heubach, D-73540, Germany; 
phone: +49 07173 184286; email: [email protected]; website: 
https://scheibe-aircraft.de/.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 22, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-09890 Filed 5-4-22; 4:15 pm]
BILLING CODE 4910-13-P