[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.
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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.
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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]
BILLING CODE 4910-13-P
