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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.
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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: info@scheibe-aircraft.de; 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: jim.rutherford@faa.gov.
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 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
| Action |
Labor cost |
Parts cost |
Cost per glider |
Cost on U.S. operators |
| Inspect LH and RH control sticks |
4 work-hours x $85 per hour =
$340 |
Not Applicable |
$340
|
$340
|
The FAA estimates the following costs
to replace a single control
stick, if required based on the results of the inspection:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
glider
|
| Replace single control stick |
4 work-hours x $85 per hour =
$340 |
$500
|
$840
|
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
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:
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