[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Proposed Rules]
[Pages 33014-33016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16016]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-52-AD]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth K.G. Models Standard-
Cirrus, Nimbus-2, JANUS, and Mini-Nimbus HS-7 Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Schempp-Hirth K.G. (Schempp-Hirth) 
Models Standard-Cirrus, Nimbus-2, JANUS, and Mini-Nimbus HS-7 
sailplanes. The proposed AD would require installing a safety device 
for the tailplane locking hook. The proposed AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions specified by the 
proposed AD are intended to prevent the locking hook on the tailplane 
attachment bracket from disengaging, which could result in the 
horizontal tailplane coming loose from the fin with possible loss of 
longitudinal control of the sailplane.

DATES: Comments must be received on or before July 21, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-52-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106. Comments may be inspected at this location 
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from Schempp-Hirth Flugzeugbau GmbH, Postbox 14 43, D-73222 Kirchheim 
unter Teck, Federal Republic of Germany. This information also may be 
examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Kiesov, Aerospace Engineer, 
FAA, Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone: (816) 426-6934; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-CE-52-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 98-CE-52-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified the FAA that an unsafe condition may exist on 
certain Schempp-Hirth Models Standard-Cirrus, Nimbus-2, JANUS, and 
Mini-Nimbus HS-7 sailplanes. The LBA reports instances where the 
locking hook on the tailplane attachment bracket disengaged to the 
point that the horizontal tailplane was no longer securely attached to 
the fin.
    This condition, if not corrected, could result in the horizontal 
tailplane coming loose from the fin with possible loss of longitudinal 
control of the sailplane.

Relevant Service Information

    Schempp-Hirth has issued Technical Note No. 278-36, 286-33, 295-26, 
328-11, 798-3, dated November 11, 1994,

[[Page 33015]]

which specifies installing a safety device for the tailplane locking 
hook. The procedures for accomplishing this installation are included 
with the Appendix to Technical Note No. 278-36, 286-33, 295-26, 328-11, 
798-3, dated November 11, 1994.
    The LBA classified this service information as mandatory and issued 
German AD 95-015, dated December 15, 1994, in order to assure the 
continued airworthiness of these sailplanes in Germany.

The FAA's Determination

    This sailplane model is manufactured in Germany and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above.
    The FAA has examined the findings of the LBA; reviewed all 
available information, including the service information referenced 
above; and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Schempp-Hirth Models Standard-Cirrus, Nimbus-
2, JANUS, and Mini-Nimbus HS-7 sailplanes of the same type design 
registered in the United States, the FAA is proposing AD action. The 
proposed AD would require installing a safety device for the tailplane 
locking hook. Accomplishment of the proposed action would be required 
in accordance with Schempp-Hirth Appendix to Technical Note No. 278-36, 
286-33, 295-26, 328-11, 798-3, dated November 11, 1994.

Compliance Time of the Proposed AD

    Although the unsafe condition identified in this proposed AD occurs 
during flight and is a direct result of sailplane operation, the FAA 
has no way of determining how much time will elapse before the 
tailplane is not securely attached to the fin. For example, the 
condition could exist on a sailplane with 200 hours time-in-service 
(TIS), but could be developing on a sailplane with 50 hours TIS and not 
actually exist on this sailplane until 300 hours TIS. For this reason, 
the FAA has determined that a compliance based on calendar time should 
be utilized in the proposed AD in order to assure that the unsafe 
condition is addressed on all sailplanes in a reasonable time period.

Differences Between the Technical Note, German AD, and This 
Proposed AD

    Both Schempp-Hirth Technical Note No. 278-36, 286-33, 295-26, 328-
11, 798-3, dated November 11, 1994, and German AD 95-015, dated 
December 15, 1994, apply to the Model Nimbus-2M sailplanes. This 
sailplane model is not type certificated for operation in the United 
States and therefore is not covered by the applicability of the 
proposed AD.
    The Model Nimbus-2M sailplanes could be operating in the United 
States with an experimental certificate. The FAA is including a NOTE in 
the proposed AD to recommend that any person operating a Model Nimbus-
2M sailplane in the United States with an experimental certificate 
accomplish the actions specified in the technical note.

Cost Impact

    The FAA estimates that 90 sailplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 3 
workhours per sailplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $35 per sailplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $19,350, 
or $215 per sailplane.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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) if promulgated, 
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 draft regulatory evaluation 
prepared for this action has been placed 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, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:
Schempp-Hirth K.G.: Docket No. 98-CE-52-AD.

    Applicability: The following sailplane models and serial 
numbers, certificated in any category:

------------------------------------------------------------------------
                  Models                           Serial numbers       
------------------------------------------------------------------------
Standard Cirrus...........................  573, 586, 593, 595, 597     
                                             through 599, 601 through   
                                             701.                       
Nimbus-2..................................  86, 93, and 96 through 131. 
JANUS.....................................  1 through 55, and 59.       
Mini-Nimbus HS-7..........................  1 through 60, and 65.       
------------------------------------------------------------------------

    Note 1: Both Schempp-Hirth Technical Note No. 278-36, 286-33, 
295-26, 328-11, 798-3, dated November 11, 1994, and German AD 95-
015, dated December 15, 1994, apply to the Model Nimbus-2M 
sailplanes. This sailplane model is not type certificated for 
operation in the United States, and therefore is not covered by the 
applicability of this AD. The Model Nimbus-2M sailplanes could be 
operating in the United States with an experimental certificate. The 
FAA recommends that any person operating a Model Nimbus-2M sailplane 
in the United States with an experimental certificate accomplish the 
actions specified in the technical note.

    Note 2: 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 (c) 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

[[Page 33016]]

been eliminated, the request should include specific proposed 
actions to address it.

    Compliance: Required within the next 6 calendar months after the 
effective date of this AD, unless already accomplished.
    To prevent the locking hook on the tailplane attachment bracket 
from disengaging, which could result in the horizontal tailplane 
coming loose from the fin with possible loss of longitudinal control 
of the sailplane, accomplish the following:
    (a) Install a safety device for the tailplane locking hook in 
accordance with Schempp-Hirth Appendix to Technical Note No. 278-36, 
286-33, 295-26, 328-11, 798-3, dated November 11, 1994.
    (b) 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.
    (c) An alternative method of compliance or adjustment of 
compliance time 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.

    (d) Questions or technical information related to the service 
information referenced in this document should be directed to 
Schempp-Hirth Flugzeugbau GmbH, Postbox 14 43, D-73222 Kirchheim 
unter Teck, Federal Republic of Germany. This service information 
may be examined at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

    Note 4: The subject of this AD is addressed in German AD 95-015, 
dated December 15, 1994.

    Issued in Kansas City, Missouri, on June 9, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-16016 Filed 6-16-98; 8:45 am]
BILLING CODE 4910-13-U