AD Amdt-39-9990

[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Rules and Regulations]
[Pages 16667-16668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 97-8836]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-CE-19-AD; Amendment 39-9990; AD 97-08-02]
RIN 2120-AA64


Airworthiness Directives; Schempp-Hirth K.G. Models Standard-
Cirrus, Nimbus-2, Nimbus-2B, Mini-Nimbus HS-7, Mini-Nimbus B, Discus a, 
and Discus b Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Schempp-Hirth K.G. (Schempp-Hirth) Models Standard-
Cirrus, Nimbus-2, Nimbus-2B, Mini-Nimbus HS-7, Mini-Nimbus B, Discus a, 
and Discus b sailplanes. This AD requires accomplishing a load test of 
the elevator control system, and replacing the elevator vertical 
actuating tube either immediately or at a certain time period depending 
on the results of the load test. This AD results from reported 
incidents of corrosion found in the elevator because of water entering 
the elevator control rod. The actions specified by this AD are intended 
to prevent corrosion in the elevator caused by water entering the 
elevator control rod, which could result in elevator failure and 
subsequent loss of control of the sailplane.

DATES: Effective May 30, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 30, 1997.

ADDRESSES: Service information that applies to this AD may be obtained 
from Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Postfach 1443, 
D-73230 Kircheim/Teck, Germany. This information may also be examined 
at the Federal Aviation Administration (FAA), Central Region, Office of 
the Assistant Chief Counsel, Attention: Rules Docket 96-CE-19-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. J. Mike Kiesov, Project Officer, 
FAA, Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6932; 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, Nimbus-2B, Mini-Nimbus HS-7, Mini-
Nimbus B, Discus a, and Discus b sailplanes was published in the 
Federal Register as a notice of proposed rulemaking (NPRM) on November 
5, 1996 (61 FR 56921). The NPRM proposed to require accomplishing a 
load test of the elevator control system, and replacing the elevator 
vertical actuating tube either immediately or at a certain time period 
depending on the results of the load test. Accomplishment of the 
proposed actions as specified in the NPRM would be in accordance with 
Schempp-Hirth Technical Note No. 278-33, 286-28, 295-22, 328-10, 349-
16, 360-9, 373-5, dated November 19, 1992, and the Appendix to this 
technical note.
    The NPRM resulted from reported incidents of corrosion found in the 
elevator because of water entering the elevator control rod.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed AD 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 AD 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 the AD

    The compliance time of the replacement required by this AD is 
presented in calendar time instead of hours time-in-service. The FAA 
has determined that a calendar time for compliance would be the most 
desirable method because the unsafe condition of the elevator control 
system is caused by corrosion. Corrosion can occur in the areas of the 
elevator control system of the affected sailplanes, regardless of 
whether the sailplane is in service.

Cost Impact

    The FAA estimates that 167 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 3 workhours per 
sailplane to accomplish the required action, and that the average labor 
rate is approximately $60 an hour. Parts cost approximately $40 per 
sailplane. Based on these figures, the total cost impact of the 
proposed AD on U.S. sailplane operators is estimated to be $36,740. 
This figure is based on the presumption that no owner/operator of the 
affected sailplanes has accomplished the required replacement.
    Schempp-Hirth has informed the FAA that parts have been distributed 
to equip approximately 53 sailplanes. Presuming that each set of parts 
is incorporated on an affected sailplane, the cost impact upon U.S. 
sailplane owners/operators is reduced by $11,660 from $36,740 to 
$25,080.
    In addition, the above figure is based only on the replacement 
costs; it does not take into account the cost of the load test. An 
owner/operator of an affected sailplane is allowed to accomplish this 
load test so the only cost involved is the time it takes the owner/
operator to accomplish this test.

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.

[[Page 16668]]

    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 USC 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:

97-08-02 Schempp-Hirth K.G:
    Amendment 39-9990; Docket No. 96-CE-19-AD.

    Applicability: The following sailplane models and serial 
numbers, certificated in any category:
    Models and Serial numbers:
    Standard-Cirrus--all serial numbers.
    Nimbus-2 and Nimbus-2B--all serial numbers.
    Mini-Nimbus HS-7 and Mini-Nimbus B--serial numbers 1 to 159.
    Discus a and Discus b--serial numbers 1 to 446.

    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 (f) 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 as indicated in the body of this AD, unless 
already accomplished.
    To prevent corrosion in the elevator caused by water entering 
the elevator control rod, which could result in elevator failure and 
subsequent loss of control of the sailplane, accomplish the 
following:
    (a) Prior to further flight after the effective date of this AD, 
accomplish a load test of the elevator control system in accordance 
with Schempp-Hirth Technical Note No. 278-33, 286-28, 295-22, 328-
10, 349-16, 360-9, 373-5, dated November 19, 1992, and the Appendix 
to this technical note.

    Note 2: Sections 61.107 (d)(1) and 61.127 (d)(1) of the Federal 
Aviation Regulations (14 CFR 61.107 (d)(1) and 14 CFR 61.127 (d)(1)) 
give the authorization for glider/sailplane operators to disassemble 
and reassemble the elevator control system (for storage purposes 
between flights). The ``prior to further flight after the effective 
date of this AD'' compliance time in paragraph (a) of this AD was 
established to coincide with the next reassembly of the elevator 
control system.
    (b) If any discrepancies are found during the load test required 
by paragraph (a) of this AD, prior to further flight, replace the 
elevator vertical actuating tube in accordance with Schempp-Hirth 
Technical Note No. 278-33, 286-28, 295-22, 328-10, 349-16, 360-9, 
373-5, dated November 19, 1992, and the Appendix to this technical 
note.
    (c) Within the next six calendar months after the effective date 
of this AD, unless already accomplished (performing the actions in 
paragraph (b) of this AD), replace the elevator vertical actuating 
tube in accordance with Schempp-Hirth Technical Note No. 278-33, 
286-28, 295-22, 328-10, 349-16, 360-9, 373-5, dated November 19, 
1992, and the Appendix to this technical note.
    (d) The elevator control system load test as required by 
paragraph (a) of this AD may be performed by the sailplane owner/
operator holding at least a private pilot certificate as authorized 
by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7), 
and must be entered into the aircraft records showing compliance 
with this AD in accordance with section 43.11 of the Federal 
Aviation Regulations (14 CFR 43.11).
    (e) 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.
    (f) An alternative method of compliance or adjustment of the 
compliance times 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.

    (g) The load test and replacement required by this AD shall be 
done in accordance with Schempp-Hirth Technical Note No. 278-33, 
286-28, 295-22, 328-10, 349-16, 360-9, 373-5, dated November 19, 
1992, and the Appendix to this technical note. 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, Krebenstrasse 25, 
Postfach 1443, D-73230 Kircheim/Teck, Germany. Copies may be 
inspected at the FAA, Central Region, Office of the Assistant Chief 
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.
    (h) This amendment (39-9990) becomes effective on May 30, 1997.

    Issued in Kansas City, Missouri, on April 1, 1997.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-8836 Filed 4-7-97; 8:45 am]
BILLING CODE 4910-13-U