Proposed Rule2023-12302
Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders
Primary source
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Published
June 9, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> 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
<bullet> For service information identified in this NPRM, contact
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim unter Teck,
Germany; phone: +49 7021 7298-0; email: <a href="/cdn-cgi/l/email-protection#b1d8dfd7def1c2d2d9d4dcc1c19c8dd091d9c3d4d78c" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>;
website: schempp-<a href="http://hirth.com">hirth.com</a>.
<bullet> 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:
<a href="/cdn-cgi/l/email-protection#b3d9dade9dc1c6c7dbd6c1d5dcc1d7f3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="1f757672316d6a6b777a6d79706d7b5f797e7e31787069">[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-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
<a href="http://regulations.gov">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, 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 <a href="http://regulations.gov">regulations.gov</a> 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
----------------------------------------------------------------------------------------------------------------
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: <a href="/cdn-cgi/l/email-protection#774e5a3621245a363e255a4044475a363a38343711161659101801"><span class="__cf_email__" data-cfemail="477e6a0611146a060e156a7074776a060a08040721262669202831">[email protected]</span></a>. 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
<a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#a7cdceca89d5d2d3cfc2d5c1c8d5c3e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="a0cac9cd8ed2d5d4c8c5d2c6cfd2c4e0c6c1c18ec7cfd6">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#573e3931381724343f323a27277a6b36773f2532316a" http: hirth.com">hirth.com</a>">info@schempp-<a href="http://hirth.com">hirth.com</a></a>; website: schempp-<a href="http://hirth.com">hirth.com</a>.
(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: <a href="/cdn-cgi/l/email-protection#3f594d1156514c4f5a5c4b5650517f515e4d5e11585049"><span class="__cf_email__" data-cfemail="593f2b7730372a293c3a2d3036371937382b38773e362f">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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
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