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:
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:
jim.rutherford@faa.gov.

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
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
(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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: