[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Rules and Regulations]
[Pages 61467-61469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19223]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / 
Rules and Regulations

[[Page 61467]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1054; Project Identifier MCAI-2022-01513-G; 
Amendment 39-22531; AD 2023-17-05]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Model Ventus-2a and 
Ventus-2b gliders. This AD is prompted by reports of the uncommanded 
extraction of the airbrakes on one or both wings, possibly resulting in 
reduced control of the glider. This AD requires 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 AD also requires 
modifying the airbrake system, which is terminating action for the 
repetitive inspections. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective October 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 12, 
2023.

ADDRESSES: 
    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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For service information identified in this final rule, 
contact Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim 
unter Teck, Germany; phone: +49 7021 7298-0; email: <a href="/cdn-cgi/l/email-protection#dab3b4bcb59aa9b9b2bfb7aaaaf7e6bbfab2a8bfbce7" http: hirth.com">hirth.com</a>">info@schempp-hirth.com</a>; website: schempp-hirth.com.
    <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. It is also available at 
regulations.gov under Docket No. FAA-2023-1054.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4165; email: <a href="/cdn-cgi/l/email-protection#d0bab9bdfea2a5a4b8b5a2b6bfa2b490b6b1b1feb7bfa6"><span class="__cf_email__" data-cfemail="79131014570b0c0d111c0b1f160b1d391f1818571e160f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Schempp-Hirth Model 
Ventus-2a and Ventus-2b gliders. The NPRM published in the Federal 
Register on June 9, 2023 (88 FR 37807). The NPRM was prompted by AD 
2022-0229, dated November 28, 2022, issued by the European Union 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Union (referred to after this as the 
MCAI). 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, taking 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.
    In the NPRM, the FAA proposed to 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. The FAA also proposed to 
require modifying the airbrake system, which 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. The FAA 
is issuing this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1054.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. Except for minor editorial changes, this AD is 
adopted as proposed in the NPRM.

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 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

[[Page 61468]]

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.

Differences Between This AD and the MCAI

    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 AD requires 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 AD does not 
specify the source from which new parts should be purchased.

Costs of Compliance

    The FAA estimates that this AD affects 32 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                Labor cost      Parts cost      Cost per product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
* Inspect airbrake bell        4 work-hours x             $0  $340 per inspection       $10,880 per inspection
 cranks and drive funnels.      $85 per hour =                 cycle.                    cycle.
                                $340.
* Inspect clearance of         4 work-hours x              0  $340 per inspection       $10,880 per inspection
 airbrake control system.       $85 per hour =                 cycle.                    cycle.
                                $340.
Replace airbrake bell cranks   8 work-hours x          1,000  $1,680..................  $53,760.
 and drive funnels.             $85 per hour =
                                $680.
----------------------------------------------------------------------------------------------------------------
* 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 will be required based on the results of the 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
----------------------------------------------------------------------------------------------------------------
Replace airbrake bell cranks and drive         8 work-hours x $85 per hour =            $1,000           $1,680
 funnels.                                       $680.
----------------------------------------------------------------------------------------------------------------

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 61469]]

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:

2023-17-05 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-22531; 
Docket No. FAA-2023-1054; Project Identifier MCAI-2022-01513-G.

(a) Effective Date

    This airworthiness directive (AD) is effective October 12, 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 is prompted by reports of 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 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, mail 
it to the address identified in paragraph (i)(2) of this AD or email 
to: <a href="/cdn-cgi/l/email-protection#685145293e3b4529213a455f5b58452925272b280e0909460f071e"><span class="__cf_email__" data-cfemail="a29b8fe3f4f18fe3ebf08f9591928fe3efede1e2c4c3c38cc5cdd4">[email protected]</span></a>. If mailing information, also submit 
information by email. 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) 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, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4165; email: 
<a href="/cdn-cgi/l/email-protection#670d0e0a491512130f0215010815032701060649000811"><span class="__cf_email__" data-cfemail="8be1e2e6a5f9feffe3eef9ede4f9efcbedeaeaa5ece4fd">[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 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#8ee7e0e8e1cefdede6ebe3fefea3b2efaee6fcebe8b3" http: hirth.com">hirth.com</a>">info@schempp-hirth.com</a>; 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: <a href="/cdn-cgi/l/email-protection#1f796d3176716c6f7a7c6b7670715f717e6d7e31787069"><span class="__cf_email__" data-cfemail="3b5d49155255484b5e584f5254557b555a495a155c544d">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-19223 Filed 9-6-23; 8:45 am]
BILLING CODE 4910-13-P


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