[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Proposed Rules]
[Pages 53683-53685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26253]



[[Page 53683]]

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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-38-AD]
RIN 2120-AA64


Airworthiness Directives; Glasflugel Models H301 ``Libelle,'' 
H301B ``Libelle,'' Standard ``Libelle,'' Standard Libelle 201B, Club 
Libelle 205, and Kestrel Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to Glasflugel Models H301 ``Libelle,'' H301B 
``Libelle,'' Standard ``Libelle,'' Standard Libelle 201B, Club Libelle 
205, and Kestrel sailplanes. The proposed action would require 
measuring and adjusting the control surface weight and static moment, 
and inserting amendments into the maintenance manual. The proposed 
action results from considerable variation of the weight and static 
moment of the control surface on the affected sailplanes found during 
repair or repainting of the control surface. The actions specified by 
the proposed AD are intended to prevent sailplane flutter because the 
weight and static moment of the control surface are not within certain 
limits, which could result in flutter and subsequent loss of control of 
the sailplane.

DATES: Comments must be received on or before December 13, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 96-CE-38-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 Glasflugel, c/o Hr. H. Streifeneder, Glasfaser-Flugzeug-Service 
GmbH, Hofener Weg, D-72582 Grabenstetten, Germany. This information 
also may be examined at the Rules Docket at the address below. Send 
comments on the proposal in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 96-CE-38-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.

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:

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 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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-CE-38-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 96-CE-38-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on Glasflugel Models H301 ``Libelle'', H301B ``Libelle'', 
Standard ``Libelle'', Standard Libelle 201B, Club Libelle 205, and 
Kestrel sailplanes. The LBA reports that considerable variation in the 
weight and static moment of the control surfaces on 10 of the affected 
sailplanes was found during repair or repainting. Glasflugel did not 
define the required weight or static moment of the control surfaces at 
the time of manufacture of these sailplanes. If the control surface 
weight and static moment of these sailplanes are not within certain 
limits, flutter could result with subsequent loss of control of the 
sailplane.

Applicable Service Information

    Glasflugel has issued amendments to the maintenance manual that 
include procedures for measuring and adjusting the weight and static 
moment of the control surfaces. The following specifies the maintenance 
manual amendments for each specific sailplane model:

------------------------------------------------------------------------
                                            Maintenance manual amendment
             Sailplane models                       page numbers        
------------------------------------------------------------------------
H301 Libelle and H301B Libelle............  Pages 14a and 14b.          
Standard Libelle..........................  Pages E14a and E14b.        
Standard Libelle 201B.....................  Pages E15a and E15b.        
Club Libelle 205..........................  Pages 42a and 42b.          
Kestrel...................................  Pages 27a and 27b.          
------------------------------------------------------------------------

The FAA's Determination

    The LBA issued LTA AD 96-137, LTA AD 96-138, and LTA AD 96-139, all 
dated April 9, 1996, in order to assure the continued airworthiness of 
these sailplanes in Germany.
    This sailplane model is manufactured in Germany and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
LBA; reviewed all available information, including the maintenance 
manual amendments referenced above; and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Glasflugel Models H301 ``Libelle'', H301B 
``Libelle'', Standard ``Libelle'', Standard Libelle 201B, Club Libelle 
205, and Kestrel sailplanes of the same type design registered in the 
United States, the FAA is proposing AD action. The proposed AD would 
require measuring and adjusting the control surface weight and static 
moment, and inserting the

[[Page 53684]]

following amendments into the maintenance manual, as applicable:

------------------------------------------------------------------------
                                            Maintenance manual amendment
             Sailplane models                       page numbers        
------------------------------------------------------------------------
H301 Libelle and H301B Libelle............  Pages 14a and 14b.          
Standard Libelle..........................  Pages E14a and E14b.        
Standard Libelle 201B.....................  Pages E15a and E15b.        
Club Libelle 205..........................  Pages 42a and 42b.          
Kestrel...................................  pages 27a and 27b.          
------------------------------------------------------------------------

Compliance Time of the Proposed AD

    The compliance time for the proposed AD is presented in calendar 
time and whenever the control surface is repaired or repainted (the 
prevalent one being that which occurs first). The FAA has determined 
that a calendar time for compliance would be desirable because the 
unsafe condition described by the proposed AD is not directly related 
to sailplane operation. The control surface weight and static moment 
could become outside the specified limits after repair or repainting 
instead of occurring during normal operation of the sailplane. Also, if 
the sailplane control surface is already scheduled for repair or 
repainting, then accomplishing the proposed action at the time of 
repair or repainting would not force the owner/operator to schedule 
this action at a later time and would allow the action to be 
accomplished during already-scheduled maintenance.

Cost Impact

    The FAA estimates that 174 sailplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 1 
workhour per sailplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Material to accomplish 
the surface control weight and static moment balance costs 
approximately $10 per sailplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $12,180. 
This figure only takes into account the one-time measurement and 
adjustment of the control surface weight and static moment; it does not 
reflect the time it would take an owner/operator of an affected 
sailplane to insert the amendments into the maintenance manual.

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 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:

Glasflugel: Docket No. 96-CE-38-AD.

    Applicability: Models H301 ``Libelle'', H301B ``Libelle'', 
Standard ``Libelle'', Standard Libelle 201B, Club Libelle 205, and 
Kestrel 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 request approval for an 
alternative method of compliance in accordance with paragraph (e) 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 three calendar months after 
the effective date of this AD or at the time of any repair to or 
repainting of the control surface, whichever occurs first, unless 
already accomplished.
    To prevent sailplane flutter because the weight and static 
moment of the control surface are not within certain limits, which 
could result loss of control of the sailplane, accomplish the 
following:
    (a) Measure and adjust the control surface weight and static 
moment in accordance with the maintenance manual amendments 
referenced in paragraph (b) of this AD.
    (b) Insert the following amendments into the sailplane 
maintenance manual, as applicable:

------------------------------------------------------------------------
             Sailplane models                  Amendment page numbers   
------------------------------------------------------------------------
H301 Libelle and H301B Libelle............  Pages 14a and 14b.          
Standard Libelle..........................  Pages E14a and E14b.        
Standard Libelle 201B.....................  Pages E15a and E15b.        
Club Libelle 205..........................  Pages 42a and 42b.          
Kestrel...................................  Pages 27a and 27b.          
------------------------------------------------------------------------

    (c) Inserting the amendments into the maintenance manual as 
required by paragraph (b) of this AD may be performed by the 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).
    (d) 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.
    (e) 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (f) All persons affected by this directive may obtain copies of 
the maintenance manual amendments referred to herein upon request to 
Glasflugel, c/o Hr. H. Streifeneder, Glasfaser-Flugzeug-Service 
GmbH, Hofener Weg, D-72582 Grabenstetten, Germany; or may examine 
these amendments at the FAA, Central Region, Office of the Assistant 
Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 
64106.


[[Page 53685]]


    Issued in Kansas City, Missouri, on October 7, 1996.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-26253 Filed 10-11-96; 8:45 am]
BILLING CODE 4910-13-U