[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Proposed Rules]
[Pages 56921-56923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28320]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-19-AD]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth 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: 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, Nimbus-2B, Mini-Nimbus HS-7, Mini-
Nimbus B, Discus a, and Discus b sailplanes. The proposed action would 
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. The 
proposed action results from reported incidents of corrosion found in 
the elevator because of water entering the elevator control rod. The 
actions specified by the proposed 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: Comments must be received on or before January 17, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 96-CE-19-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, Krebenstrasse 25, Postfach 1443, 
D-73230 Kircheim/Teck, Germany. This information also may be examined 
at the Rules Docket at the address above.

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:

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. 96-CE-19-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 Assistant Chief Counsel, 
Attention: Rules Docket No. 96-CE-19-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on certain Schempp-Hirth Models Standard-Cirrus, Nimbus-2, 
Nimbus-2B, Mini-Nimbus HS-7, Mini-Nimbus B, Discus a, and Discus b 
sailplanes. The LBA reports several incidents of corrosion found in the 
elevator because of water entering the elevator control rod. This 
condition, if not detected and corrected, could result in elevator 
failure and subsequent loss of control of the sailplane.

Applicable Service Information

    Schempp-Hirth Technical Note No. 278-33, 286-28, 295-22, 328-10, 
349-16, 360-9, 373-5, dated November 19, 1992, specifies procedures for 
accomplishing a load test of the elevator control system, and replacing 
the elevator vertical actuating tube. This technical note also includes 
an appendix that includes additional procedures for accomplishing the 
above actions.
    The LBA classified this technical note as mandatory and issued LBA 
AD 92-360, dated January 8, 1993, 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 technical note 
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, Nimbus-2B, Mini-Nimbus HS-7, Mini-Nimbus B, Discus a, and Discus b 
sailplanes of the same type design, the proposed AD would 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 would be in

[[Page 56922]]

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.

Compliance Time of the Proposed AD

    The compliance time of the proposed replacement of this NPRM 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 would be 
affected by the proposed AD, that it would take approximately 3 
workhours per sailplane to accomplish the proposed replacement, 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 assumption that no owner/
operator of the affected sailplanes has accomplished the proposed 
replacement.
    Schempp-Hirth has informed the FAA that parts have been distributed 
to equip approximately 53 sailplanes. Assuming that each set of parts 
is incorporated on an affected sailplane, the cost impact upon U.S. 
sailplane owners/operators would be 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 costs 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 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. 96-CE-19-AD.

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

------------------------------------------------------------------------
                  Models                             Serial Nos.        
------------------------------------------------------------------------
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 (compliance with 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.


[[Page 56923]]


    (g) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to Schempp-Hirth 
Flugzeugbau GmbH, Krebenstrasse 25, Postfach 1443, D-73230 Kircheim/
Teck, Germany; or may examine these documents at the FAA, Central 
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on October 29, 1996.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-28320 Filed 11-4-96; 8:45 am]
BILLING CODE 4910-13-U