Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations 16667

by reference was approved by the Director of

the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. Copies may

be obtained from McDonnell Douglas

Corporation, 3855 Lakewood Boulevard,

Long Beach, California 90846, Attention:

Technical Publications Business

Administration, Department C1-L51 (2–60).

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(i) This amendment becomes effective on

May 13, 1997.

Issued in Renton, Washington, on March

27, 1997.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–8424 Filed 4–7–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–19–AD; Amendment 39–

9990; AD 97–08–02]

RIN 2120–AA64

Airworthiness Directives; SchemppHirth K.G. Models Standard-Cirrus,

Nimbus-2, Nimbus-2B, Mini-Nimbus

HS–7, Mini-Nimbus B, Discus a, and

Discus b Sailplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Schempp-Hirth K.G.

(Schempp-Hirth) Models StandardCirrus, Nimbus-2, Nimbus-2B, MiniNimbus HS–7, Mini-Nimbus B, Discus

a, and Discus b sailplanes. This AD

requires accomplishing a load test of the

elevator control system, and replacing

the elevator vertical actuating tube

either immediately or at a certain time

period depending on the results of the

load test. This AD results from reported

incidents of corrosion found in the

elevator because of water entering the

elevator control rod. The actions

specified by this AD are intended to

prevent corrosion in the elevator caused

by water entering the elevator control

rod, which could result in elevator

failure and subsequent loss of control of

the sailplane.

DATES: Effective May 30, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 30,

1997.

ADDRESSES: Service information that

applies to this AD may be obtained from

Schempp-Hirth Flugzeugbau GmbH,

Krebenstrasse 25, Postfach 1443, D–

73230 Kircheim/Teck, Germany. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket 96–CE–19–AD, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

J. Mike Kiesov, Project Officer, FAA,

Small Airplane Directorate, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone (816) 426–6932;

facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to certain Schempp-Hirth Models

Standard-Cirrus, Nimbus-2, Nimbus-2B,

Mini-Nimbus HS–7, Mini-Nimbus B,

Discus a, and Discus b sailplanes was

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on November 5, 1996 (61 FR 56921).

The NPRM proposed to require

accomplishing a load test of the elevator

control system, and replacing the

elevator vertical actuating tube either

immediately or at a certain time period

depending on the results of the load

test. Accomplishment of the proposed

actions as specified in the NPRM would

be in accordance with Schempp-Hirth

Technical Note No. 278–33, 286–28,

295-22, 328–10, 349–16, 360–9, 373–5,

dated November 19, 1992, and the

Appendix to this technical note.

The NPRM resulted from reported

incidents of corrosion found in the

elevator because of water entering the

elevator control rod.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed AD or the FAA’s

determination of the cost to the public.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the AD as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Compliance Time of the AD

The compliance time of the

replacement required by this AD is

presented in calendar time instead of

hours time-in-service. The FAA has

determined that a calendar time for

compliance would be the most desirable

method because the unsafe condition of

the elevator control system is caused by

corrosion. Corrosion can occur in the

areas of the elevator control system of

the affected sailplanes, regardless of

whether the sailplane is in service.

Cost Impact

The FAA estimates that 167 sailplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

3 workhours per sailplane to

accomplish the required action, and that

the average labor rate is approximately

$60 an hour. Parts cost approximately

$40 per sailplane. Based on these

figures, the total cost impact of the

proposed AD on U.S. sailplane

operators is estimated to be $36,740.

This figure is based on the presumption

that no owner/operator of the affected

sailplanes has accomplished the

required replacement.

Schempp-Hirth has informed the FAA

that parts have been distributed to equip

approximately 53 sailplanes. Presuming

that each set of parts is incorporated on

an affected sailplane, the cost impact

upon U.S. sailplane owners/operators is

reduced by $11,660 from $36,740 to

$25,080.

In addition, the above figure is based

only on the replacement costs; it does

not take into account the cost of the load

test. An owner/operator of an affected

sailplane is allowed to accomplish this

load test so the only cost involved is the

time it takes the owner/operator to

accomplish this test.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.
16668 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); 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. A copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 USC 106(g), 40113, 44701.

§39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

97–08–02 Schempp-Hirth K.G:

Amendment 39–9990; Docket No. 96–CE–

19–AD.

Applicability: The following sailplane

models and serial numbers, certificated in

any category:

Models and Serial numbers:

Standard-Cirrus—all serial numbers.

Nimbus–2 and Nimbus–2B—all serial

numbers.

Mini-Nimbus HS–7 and Mini-Nimbus B—

serial numbers 1 to 159.

Discus a and Discus b—serial numbers 1 to

446.

Note 1: This AD applies to each sailplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

sailplanes that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (f) of this AD.

The request should include an assessment

of the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated in the

body of this AD, unless already

accomplished.

To prevent corrosion in the elevator caused

by water entering the elevator control rod,

which could result in elevator failure and

subsequent loss of control of the sailplane,

accomplish the following:

(a) Prior to further flight after the effective

date of this AD, accomplish a load test of the

elevator control system in accordance with

Schempp-Hirth Technical Note No. 278–33,

286–28, 295–22, 328–10, 349–16, 360–9,

373–5, dated November 19, 1992, and the

Appendix to this technical note.

Note 2: Sections 61.107 (d)(1) and 61.127

(d)(1) of the Federal Aviation Regulations (14

CFR 61.107 (d)(1) and 14 CFR 61.127 (d)(1))

give the authorization for glider/sailplane

operators to disassemble and reassemble the

elevator control system (for storage purposes

between flights). The ‘‘prior to further flight

after the effective date of this AD’’

compliance time in paragraph (a) of this AD

was established to coincide with the next

reassembly of the elevator control system.

(b) If any discrepancies are found during

the load test required by paragraph (a) of this

AD, prior to further flight, replace the

elevator vertical actuating tube in accordance

with Schempp-Hirth Technical Note No.

278–33, 286–28, 295–22, 328–10, 349–16,

360–9, 373–5, dated November 19, 1992, and

the Appendix to this technical note.

(c) Within the next six calendar months

after the effective date of this AD, unless

already accomplished (performing the

actions in paragraph (b) of this AD), replace

the elevator vertical actuating tube in

accordance with Schempp-Hirth Technical

Note No. 278–33, 286–28, 295–22, 328–10,

349–16, 360–9, 373–5, dated November 19,

1992, and the Appendix to this technical

note.

(d) The elevator control system load test as

required by paragraph (a) of this AD may be

performed by the sailplane owner/operator

holding at least a private pilot certificate as

authorized by section 43.7 of the Federal

Aviation Regulations (14 CFR 43.7), and must

be entered into the aircraft records showing

compliance with this AD in accordance with

section 43.11 of the Federal Aviation

Regulations (14 CFR 43.11).

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the sailplane

to a location where the requirements of this

AD can be accomplished.

(f) An alternative method of compliance or

adjustment of the compliance times that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, FAA, 1201 Walnut, suite 900,

Kansas City, Missouri 64106. The request

shall be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(g) The load test and replacement required

by this AD shall be done in accordance with

Schempp-Hirth Technical Note No. 278–33,

286–28, 295–22, 328–10, 349–16, 360–9,

373–5, dated November 19, 1992, and the

Appendix to this technical note. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

Schempp-Hirth Flugzeugbau GmbH,

Krebenstrasse 25, Postfach 1443, D–73230

Kircheim/Teck, Germany. Copies may be

inspected at the FAA, Central Region, Office

of the Assistant Chief Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(h) This amendment (39–9990) becomes

effective on May 30, 1997.

Issued in Kansas City, Missouri, on April

1, 1997.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–8836 Filed 4–7–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ASO–6]

Amendment of Class E2 Airspace;

Brunswick Malcolm-McKinnon Airport,

GA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment modifies the

Class E2 airspace at Brunswick MalcomMcKinnon Airport, GA from continuous

to part time, as the required weather

observations for Class E2 surface area

airspace have been reduced from 24 to

16 hours a day. Therefore, the Class E2

airspace must be amended to reflect its

part time status. During the times the

Class E2 surface area airspace is not

effective, the airspace below 700 feet

AGL becomes Class G, uncontrolled

airspace. A NOTAM establishing the

effective days and times of this airspace

will be issued. The effective days and

times will thereafter be continuously

published in the Airport/Facility

Directory.

DATES: Effective Date: 0901 UTC, July

17, 1997. Comment Date: Comments

must be received on or before May 19,

1997.