[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Rules and Regulations]
[Pages 45681-45682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22825]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-51-AD; Amendment 39-10722; AD 98-18-06]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth K.G. Model Cirrus 
Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Schempp-Hirth K.G. (Schemmp-Hirth) Model Cirrus 
sailplanes. This AD requires modifying or replacing the connecting rod 
between the airbrake bellcranks, and replacing the existing 6 
millimeter (mm) bolt with an 8 mm bolt. This AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions specified by this 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: Effective October 12, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 12, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from Schempp-Hirth Flugzeugbau GmbH, Kreben Strasse 25, D-73230 
Kircheim unter Teck, Germany. This information may also be examined at 
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; or at the Office 
of the Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.

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:

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 
K.G. (Schemmp-Hirth) Model Cirrus sailplanes was published in the 
Federal Register as a notice of proposed rulemaking (NPRM) on June 18, 
1998 (63 FR 33292). The NPRM proposed to require modifying or replacing 
the connecting rod between the airbrake bellcranks, and replacing the 
existing 6 millimeter (mm) bolt with an 8 mm bolt. Accomplishment of 
the proposed action as specified in the NPRM would be in accordance 
with Schempp-Hirth Technical Note No. 265-8, dated February 11, 1985.
    The NPRM was the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Germany.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule 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 rule 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 This AD

    Although the unsafe condition identified in this 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 this AD in order to assure that the unsafe condition is addressed on 
all sailplanes in a reasonable time period.

Cost Impact

    The FAA estimates that 21 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 12 workhours per 
sailplane to accomplish this 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 this AD on U.S. 
operators is estimated to be $16,380, or $780 per sailplane.

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.
    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 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:

98-18-06 Schempp-Hirth K.G.: Amendment 39-10722; 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

[[Page 45682]]

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 No. 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 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 No. 265-8, dated February 11, 1985, should be 
directed to Schempp-Hirth Flugzeugbau GmbH, Kreben Strasse 25, D-
73230 Kircheim unter 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.
    (e) The modification and replacements required by this AD shall 
be done in accordance with Schempp-Hirth Technical Note No. 265-8, 
dated February 11, 1985. 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, Kreben Strasse 25, D-73230 Kircheim 
unter Teck, Germany. Copies may be inspected at the FAA, Central 
Region, Office of the Regional 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.

    Note 3: The subject of this AD is addressed in German AD 85-56, 
dated March 4, 1985.

    (f) This amendment becomes effective on October 12, 1998.

    Issued in Kansas City, Missouri, on August 18, 1998.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-22825 Filed 8-26-98; 8:45 am]
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