[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]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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