AD 95-09-11 ACTIVE

This amendment adopts a new airworthiness directive (AD) that applies to Schempp-Hirth Cirrus and Cirrus VTC sailplanes. This action requires modifying the airbrake actuating lever and replacing the airbrake system coupling balls. Reports of the coupling balls on the airbrake actuating lever breaking at the threaded end on several of the affected sailplanes prompted this action. The actions specified by this AD are intended to prevent airbrake system failure caused by the above condition, which, if not detected and corrected, could result in sailplane controllability problems.

Final rule

95-09-11 SCHEMPP-HIRTH: Amendment 39-9215; Docket No. 94-CE-17-AD.

Applicability: Cirrus and Cirrus VTC Sailplanes, all serial numbers, 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 requirements of this AD is affected, the owner/operator must use the authority provided in paragraph (c) of this AD to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition, or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any sailplane from the applicability of this AD.

Compliance: Required upon the accumulation of 500 hours time-in-service (TIS) or within the next 20 hours TIS after the effective date of this AD, whichever occurs later, unless already accomplished.

To prevent airbrake system failure caused by broken coupling balls on the airbrake actuating lever, which, if not detected and corrected, could result in sailplane controllability problems, accomplish the following:

(a) Modify the airbrake actuating lever and replace the airbrake system coupling balls (located on the actuating lever) in accordance with the instructions in Schempp-Hirth Technical Note No. 265-10, dated November 5, 1992.

(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, Aircraft Certification Service, 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) The modification required by this AD shall be done in accordance with Schempp-Hirth Technical Note No. 265-10, dated November 5, 1992. 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 Flugzeubau GmbH, Krebenstr. 25, D-7312 Kirchheim/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.

(e) This amendment becomes effective on June 9, 1995.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to Schempp-Hirth Cirrus and Cirrus VTC sailplanes was published in the Federal Register on December 20, 1994 (59 FR 65520). The action proposed modifying the airbrake actuating lever and replacing the airbrake system coupling balls. Accomplishment of the proposed actions would be in accordance with Schempp-Hirth Technical Note 265-10, dated November 5, 1992.

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.

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.

The FAA estimates that 21 sailplanes in the U.S. registry will be affected by this AD, that it will take approximately 1 workhour per sailplane to accomplish the required action, and that the average labor rate is approximately $60 an hour. Parts cost approximately $25 per sailplane. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $1,785. This figure is based on the assumption that no affected sailplane owner/operator has accomplished the required modification. The FAA believes that several of the 21 affected sailplane owners/operators have already accomplished the required modification, thereby reducing the cost impact upon the public.

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. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89.

Section 39.13 - [AMENDED]
2. Section 39.13 is amended by adding a new AD to read as follows:

Service information that applies to this AD may be obtained from Schempp-Hirth Flugzeubau GmbH, Krebenstr. 25, D-7312 Kirchheim/Teck, Germany. This information may also be examined at the Federal Aviation Administration (FAA), Central Region, Office of the Assistant Chief Counsel, 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.

Mr. Herman C. Belderok, Project Officer, Sailplanes, Small Airplane Directorate, Airplane Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone (816) 426-6932; facsimile (816) 426-2169.