[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Proposed Rules]
[Pages 37807-37810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12302]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1054; Project Identifier MCAI-2022-01513-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 Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Model Ventus-2a and 
Ventus-2b gliders. This proposed AD results from 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 
uncommanded extraction of the airbrakes on one or both wings, possibly 
resulting in reduced control of the glider. This proposed AD would 
require repetitively inspecting airbrake bell cranks and airbrake drive 
funnels for cracking, repetitively inspecting the clearance of the 
airbrake control system, and taking corrective action as necessary. 
This proposed AD would also require modifying the airbrake system, 
which is terminating action for the repetitive inspections. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by July 24, 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-2023-1054; 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.

Material Incorporated by Reference

     For service information identified in this NPRM, contact 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim unter Teck, 
Germany; phone: +49 7021 7298-0; email: hirth.com">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.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, International Validation Branch, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: (816) 329-4165; 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-2023-1054; Project Identifier 
MCAI-2022-01513-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 
regulations.gov, 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, International Validation Branch, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. 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 2022-0229, dated November 28, 2022 (referred to after this as 
``the MCAI''), to correct an unsafe condition on all Schempp-Hirth 
Model Ventus-2a and Ventus-2b gliders. The MCAI states that permanent 
excessive loads on the automatic connections of the airbrake control 
system can cause damage to the drive funnels in the fuselage and to the 
airbrake bell cranks at the root ribs of the wings. The MCAI requires 
repetitively inspecting the airbrake bell cranks and drive funnels for 
damage, inspecting the airbrake control system for clearance, 
corrective actions if necessary, and modifying the airbrake control 
system by replacing the airbrake bell cranks with reinforced airbrake 
bell cranks and replacing airbrake drive funnels with reinforced drive 
funnels. The MCAI states that this modification is terminating action 
for the repetitive inspections.
    This condition, if not detected and corrected, could lead to the 
uncommanded extraction of the airbrakes on one or both wings and result 
in reduced control of the glider.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1054.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Schempp-Hirth Technical Note 349-43, dated August 
9, 2022, which specifies procedures for inspecting the automatic 
airbrake

[[Page 37808]]

control connections, including the airbrake bell cranks, for any crack 
or damage at the welding seams, the airbrake drive funnels for any 
crack or damage at the welding seams, and the clearance of the airbrake 
control system, and modifying the airbrake control system by replacing 
airbrake bell cranks with reinforced airbrake bell cranks and replacing 
airbrake drive funnels with reinforced drive funnels.
    The FAA also reviewed Schempp-Hirth Working Instruction for 
Technical Note 349-43, dated August 9, 2022 (Schempp-Hirth Working 
Instruction TN 349-43), which specifies procedures for inspecting the 
clearance of the airbrake control system in the wings, inspecting the 
airbrake bell crank and airbrake drive funnel to determine if a 
reinforced airbrake bell crank and a reinforced airbrake drive funnel 
are already installed, replacing any airbrake bell crank that is not 
reinforced with a mounting plate having a reinforced airbrake bell 
crank attached, replacing any airbrake drive funnel that is not 
reinforced with a reinforced airbrake drive funnel, checking the 
control system of the wings after installation of any reinforced parts, 
and adjusting the control system as necessary. This service information 
also specifies contacting the manufacturer if it is determined that 
there is interference among the components of the airbrake control 
system and adjustments to the airbrake control system are needed.
    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 NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the MCAI, except as discussed under ``Differences Between this 
Proposed AD and the Service Information.''

Differences Between This Proposed AD and the Service Information

    Schempp-Hirth Working Instruction TN 349-43 specifies to contact 
the manufacturer if it is determined that there is interference between 
the components of the airbrake control system and adjustments to the 
airbrake control system are needed. This proposed AD would require 
doing those adjustments in accordance with a method approved by the 
FAA; EASA; or Schempp-Hirth's EASA Design Organization Approval (DOA). 
If approved by the DOA, the approval must include the DOA-authorized 
signature.
    Schempp-Hirth Working Instruction TN 349-43 specifies to purchase a 
new mounting plate with a reinforced airbrake bell crank installed from 
the manufacturer or its international representative. This proposed AD 
would not specify the source from which new parts should be purchased.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 32 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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* Inspect airbrake bell cranks     4 work-hours x $85               $0  $340 per inspection  $10,880 per
 and drive funnels.                 per hour = $340.                     cycle.               inspection cycle.
* Inspect clearance of airbrake    4 work-hours x $85                0  $340 per inspection  $10,880 per
 control system.                    per hour = $340.                     cycle.               inspection cycle.
Replace airbrake bell cranks and   8 work-hours x $85            1,000  $1,680.............  $53,760.
 drive funnels.                     per hour = $680.
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* The cost estimates provided for the inspection of the airbrake bell cranks and drive funnels and the
  inspection of the airbrake control system clearance are for the first occurrence. If no cracks are found, then
  the inspection is repeated at intervals not to exceed 100 hours time-in-service. The replacement of the bell
  cranks and drive funnels occurs if any cracking is found during the inspection (on-condition) or within 12
  months (required action), whichever occurs first.

    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the proposed inspection. 
The agency has no way of determining the number of gliders that might 
need this action:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
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Replace airbrake bell cranks and drive funnels  8 work-hours x $85 per hour =             $1,000          $1,680
                                                 $680.
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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.

[[Page 37809]]

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.

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-2023-1054; Project 
Identifier MCAI-2022-01513-G.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 24, 2023.

(b) Affected ADs

    None.

(c) Applicability

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

(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 identifies the unsafe condition as the uncommanded 
extraction of the airbrakes on one or both wings, possibly resulting 
in reduced control of the glider. The FAA is issuing this AD to 
address this condition. 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) Required Actions

    (1) Within 40 days after the effective date of this AD and 
thereafter at intervals not to exceed 100 hours time-in-service 
(TIS), do the actions in paragraphs (g)(1)(i) and (ii) of this AD.
    (i) Inspect the airbrake bell cranks and airbrake drive funnels 
for cracking at the welding seams, in accordance with Action 
paragraphs 1a) and 1b) in Schempp-Hirth Technical Note 349-43, dated 
August 9, 2022 (Schempp-Hirth TN 349-43).
    (ii) Inspect the clearance of the airbrake control system, in 
accordance with Action paragraph 1c) in Schempp-Hirth TN 349-43; and 
Action paragraph 1.c) in Schempp-Hirth Working Instruction for 
Technical Note 349-43 dated August 9, 2022 (Schempp-Hirth Working 
Instruction TN 349-43). Where Schempp-Hirth Working Instruction TN 
349-43 specifies ``if in doubt'' use plasticine lines, this AD 
requires using plasticine lines.
    Note 1 to paragraph (g)(1): This service information contains 
German to English translation. The European Union Aviation Safety 
Agency (EASA) used the English translation in referencing the 
document from Schempp-Hirth. For enforceability purposes, the FAA 
will refer to the Schempp-Hirth service information in English as it 
appears on the document.
    (2) If, during any inspection required by paragraph (g)(1)(i) of 
this AD, any cracking at the welding seams is detected, before next 
flight, do the applicable corrective actions in accordance with 
Action paragraph(s) 2a), 2b), 2c), and 2d), in Schempp-Hirth TN 349-
43; and Action paragraph(s) 2.a), 2.b), 2.c), and 2.d), in Schempp-
Hirth Working Instruction TN 349-43. Where Schempp-Hirth Working 
Instruction TN 349-43 specifies to purchase a new mounting plate 
with a reinforced airbrake bell crank installed from the 
manufacturer or its international representative, this AD does not 
specify the source from which new parts should be purchased.
    (3) If, during any inspection required by paragraph (g)(1)(ii) 
of this AD, it is determined that there is interference among the 
components of the airbrake control system and adjustments to the 
airbrake control system are needed, do those adjustments in 
accordance with a method approved by the FAA; EASA; or Schempp-
Hirth's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (4) Unless already accomplished as required by paragraph (g)(2) 
of this AD, within 12 months after the effective date of this AD, 
replace the airbrake bell cranks with reinforced airbrake bell 
cranks and replace the airbrake drive funnels with reinforced drive 
funnels, in accordance with Action paragraph 2d) in Schempp-Hirth TN 
349-43; and Action paragraph(s) 2.a), 2.b), 2.c), and 2.d), in 
Schempp-Hirth Working Instruction TN 349-43. Where Schempp-Hirth 
Working Instruction TN 349-43 specifies to purchase a new mounting 
plate with a reinforced airbrake bell crank installed from the 
manufacturer or its international representative, this AD does not 
specify the source from which new parts should be purchased.
    (5) Replacement on a glider of each airbrake bell crank and 
airbrake drive funnel with a reinforced airbrake bell crank and a 
reinforced airbrake drive funnel, as required by paragraph (g)(2) or 
paragraph (g)(4) of this AD, constitutes terminating action for the 
repetitive inspections required by paragraph (g)(1) of this AD for 
that glider. The initial inspection is required for all gliders.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in Sec.  39.19. In accordance with Sec.  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)(2) of 
this AD or email to: [email protected]. If mailing 
information, also submit information by email.

(i) Additional Information

    (1) Refer to EASA AD 2022-0229, dated November 28, 2022, for 
related information. This EASA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2023-1054.
    (2) For more information about this AD, contact Jim Rutherford, 
Aviation Safety Engineer, International Validation Branch, FAA, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329-
4165; email: [email protected].

(j) 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 the AD specifies otherwise.
    (i) Schempp-Hirth Flugzeugbau GmbH Technical Note 349-43, dated 
August 9, 2022.
    (ii) Schempp-Hirth Flugzeugbau GmbH Working Instruction for 
Technical Note 349-43, dated August 9, 2022.
    Note 1 to paragraph (j)(2): This service information contains 
German to English translation. EASA used the English translation in 
referencing the document from Schempp-Hirth Flugzeugbau GmbH. For 
enforceability purposes, the FAA will refer to the Schempp-Hirth 
Flugzeugbau GmbH

[[Page 37810]]

service information in English as it appears on the document.
    (3) For service information identified in this AD, contact 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim unter 
Teck, Germany; phone: +49 7021 7298-0; email: hirth.com">info@schempp-hirth.com; website: schempp-hirth.com.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 2, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-12302 Filed 6-8-23; 8:45 am]
BILLING CODE 4910-13-P