[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Proposed Rules]
[Pages 33293-33295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16165]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-51-AD]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth K.G. Model Cirrus 
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. (Schemmp-Hirth) 
Model Cirrus sailplanes. The proposed AD would require modifying or 
replacing the connecting rod between the airbrake bellcranks, and 
replacing the existing 6 millimeter (mm) bolt with an 8 mm bolt. 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 
threaded bolt that is welded to the connecting rod between the airbrake 
bellcranks from breaking, which could result in loss of airbrake 
control with a possible reduction/loss of sailplane control.

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-51-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. 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-51-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-51-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

[[Page 33294]]

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 Model Cirrus sailplanes. The LBA reports that the 
threaded bolt welded to the connecting rod of the airbrake bellcranks 
broke off on two of the above-referenced sailplanes. The threaded bolt 
is a 6 millimeter (mm) bolt. Beginning with serial number 51, Schempp-
Hirth manufactured Model Cirrus sailplanes with an 8 mm bolt that is 
welded to the connecting rod of the airbrake bellcranks. The FAA has 
not received reports of broken 8 mm bolts on Schempp-Hirth Model Cirrus 
sailplanes.
    These conditions, if not corrected, could result in loss of 
airbrake control with a possible reduction/loss of sailplane control.

Relevant Service Information

    Schempp-Hirth has issued Technical Note No. 265-8, dated February 
11, 1985, which specifies procedures for modifying or replacing the 
connecting rod between the airbrake bellcranks, and replacing the 
existing 6 mm bolt with an 8 mm bolt.
    The LBA classified this technical note as mandatory and issued 
German AD 85-56, dated March 4, 1985, 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 Model Cirrus sailplanes of the 
same type design registered in the United States, the FAA is proposing 
AD action. The proposed AD would require modifying or replacing the 
connecting rod between the airbrake bellcranks, and replacing the 
existing 6 mm bolt with an 8 mm bolt. Accomplishment of the proposed 
action would be in accordance with Schempp-Hirth Technical Note 265-8, 
dated February 11, 1985.

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 long the 6 mm bolt may go without 
breaking. For example, the condition could exist on a sailplane with 
200 hours time-in-service (TIS), but could be developing and not 
actually exist on another 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 gliders in a reasonable time 
period.

Cost Impact

    The FAA estimates that 21 sailplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 12 
workhours per sailplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $60 per sailplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $16,380, 
or $780 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-51-AD.

    Applicability: Model Cirrus sailplanes, serial numbers 1 through 
50, certificated in any category.

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

    Compliance: Within the next 4 calendar months after the 
effective date of this AD, unless already accomplished.
    To prevent the threaded bolt that is welded to the connecting 
rod between the airbrake bellcranks from breaking, which could 
result in loss of airbrake control with a possible reduction/loss of 
sailplane control, accomplish the following:
    (a) Modify or replace the connecting rod between the airbrake 
bellcranks, and replace the existing 6 millimeter (mm) bolt with an 
8 mm bolt. Accomplish these actions in accordance with Schempp-Hirth 
Technical Note 265-8, dated February 11, 1985.
    (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 the 
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

[[Page 33295]]

FAA Maintenance Inspector, who may add comments and then send it to 
the Manager, Small Airplane Directorate.

    Note 2: 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 Schempp-Hirth 
Technical Note 265-8, dated February 11, 1985, should be directed to 
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Postfach 1443, D-
73230 Kircheim/Teck, 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 3: The subject of this AD is addressed in German AD 85-56, 
dated March 4, 1985.

    Issued in Kansas City, Missouri, on June 9, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-16165 Filed 6-17-98; 8:45 am]
BILLING CODE 4910-13-U