[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Rules and Regulations]
[Pages 4290-4291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1827]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-52-AD; Amendment 39-11013; AD 99-03-01]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Schempp-Hirth K.G. (Schempp-Hirth) Models Standard-
Cirrus, Nimbus-2, JANUS, and Mini-Nimbus HS-7 sailplanes. This AD 
requires installing a safety device for the tailplane locking hook. 
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 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: Effective March 12, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 12, 1999.

ADDRESSES: Service information that applies to this AD may be obtained 
from Schempp-Hirth Flugzeugbau GmbH, Postbox 14 43, D-73222 Kirchheim 
unter Teck, Federal Republic of 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-52-
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 
Models Standard-Cirrus, Nimbus-2, JANUS, and Mini-Nimbus HS-7 
sailplanes was published in the Federal Register as a supplemental 
notice of proposed rulemaking (NPRM) on November 9, 1998 (63 FR 60224). 
The supplemental NPRM proposed to require installing a safety device 
for the tailplane locking hook. Accomplishment of the proposed action 
as specified in the supplemental 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.

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.

Cost Impact

    The FAA estimates that 91 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 3 workhours per 
sailplane to accomplish this 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 this AD on U.S. 
operators is estimated to be $19,565, or $215 per sailplane.

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 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 this 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 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 this AD.
    The Model Nimbus-2M sailplanes could be operating in the United 
States with an experimental certificate. The FAA is including a NOTE in 
this 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.

[[Page 4291]]

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:

99-03-01  Schempp-Hirth K.G.: Amendment 39-11013; 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. 278-36, 
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 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.
    (e) The installation required by this AD shall be done in 
accordance with Schempp-Hirth Appendix to Technical Note No. 278-36, 
286-33, 295-26, 328-11, 798-3, dated November 11, 1994. 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, 
Postbox 14 43, D-73222 Kirchheim unter Teck, Federal Republic of 
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 4: The subject of this AD is addressed in German AD 95-015, 
dated December 15, 1994.

    (f) This amendment becomes effective on March 12, 1999.

    Issued in Kansas City, Missouri, on January 19, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-1827 Filed 1-27-99; 8:45 am]
BILLING CODE 4910-13-U