[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Proposed Rules]
[Pages 60224-60226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29865]


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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: Supplemental notice of proposed rulemaking (NPRM); Reopening of 
the comment period.

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SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD) that would have required installing a 
safety device for the tailplane locking hook on certain Schempp-Hirth 
K.G. (Schempp-Hirth) Models Standard-Cirrus, Nimbus-2, JANUS, and Mini-
Nimbus HS-7 sailplanes. The proposed AD was 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. Since issuing the NPRM, the Federal Aviation 
Administration (FAA) realized that it inadvertently omitted serial 
number 176 of the Schempp-Hirth Model Nimbus-2 sailplanes from the 
NPRM. The FAA has determined that this sailplane should be incorporated 
into the proposed AD, and that the comment period for the proposal 
should be reopened and the public should have additional time to 
comment.

DATES: Comments must be received on or before December 11, 1998.

ADDRESSES: Submit comments in triplicate 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. 
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 supplemental 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 supplemental 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 Supplemental NPRM's

    Any person may obtain a copy of this supplemental 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

    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 
Models Standard-Cirrus, Nimbus-2, JANUS, and Mini-Nimbus HS-7 
sailplanes was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on June 17, 1998 (63 FR 33014). The NPRM 
proposed to require installing a safety device for the tailplane 
locking hook. Accomplishment of the proposed action as specified in the 
NPRM would be in accordance with Schempp-Hirth Appendix to Technical 
Note No. 278-36, 286-33, 295-26, 328-11, 798-3, dated November 11, 
1994.
    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.

[[Page 60225]]

Events Since Issuance of the NPRM

    Since issuance of the NPRM, the FAA realized that it inadvertently 
omitted serial number 176 of the Schempp-Hirth Model Nimbus-2 
sailplanes from the NPRM.

The FAA's Determination

    After examining all information related to the subject described in 
this document, the FAA has determined that:

--Serial number 176 of the Schempp-Hirth Model Nimbus-2 sailplanes 
should be added to the AD; and
--AD action should be taken to incorporate these changes to continue 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.

The Supplemental NPRM

    Since adding this additional serial number sailplane to the NPRM 
proposes actions that go beyond the scope of what was already proposed, 
the FAA is reopening the comment period to allow the public additional 
time to comment on this proposed action.

Cost Impact

    The FAA estimates that 91 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 $19,565, 
or $215 per sailplane.
    The only cost difference between this proposal and the original 
NPRM is the addition of 1 sailplane, or $215.

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.

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 Nos.
------------------------------------------------------------------------
Standard Cirrus...........................  573, 586, 593, 595, 597
                                             through 599, 601 through
                                             701.
Nimbus-2..................................  86, 93, and 96 through 116,
                                             118 through 129, 131, and
                                             176.
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 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-

[[Page 60226]]

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 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Aircraft Certification Office.

    (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 October 30, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-29865 Filed 11-6-98; 8:45 am]
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