[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)] [Rules and Regulations] [Pages 4137-4139] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-2105] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 96-CE-38-AD; Amendment 39-9908; AD 97-03-02] 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This amendment adopts a new airworthiness directive (AD) that applies to Glasflugel Models H301 ``Libelle'', H301B ``Libelle'', Standard ``Libelle'', Standard Libelle 201B, Club Libelle 205, and Kestrel sailplanes. This AD requires measuring and adjusting the control surface weight and static moment, and inserting amendments into the Glasflugel Flight and Service Manual. This AD results from reports of 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 this 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: Effective March 21, 1997. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of March 21, 1997. ADDRESSES: Service information that applies to this AD may be obtained from Glasflugel, c/o Hr. H. Streifeneder, Glasfaser-Flugzeug-Service GmbH, Hofener Weg, D-72582 Grabenstetten, 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-38-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 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 Glasflugel Models H301 ``Libelle'', H301B ``Libelle'', Standard ``Libelle'', Standard Libelle 201B, Club Libelle 205, and Kestrel sailplanes was published in the Federal Register on October 15, 1996 (61 FR 53683). The action proposed to require measuring and adjusting the control surface weight and static moment, and inserting the following amendments into the Glasflugel Flight and Service Manual, as applicable: ------------------------------------------------------------------------ Glasflugel Flight and Sailplane models Service Manual 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. ------------------------------------------------------------------------ Accomplishment of the proposed action as specified in the notice of proposed rulemaking (NPRM) would be in accordance with the instructions in the above-referenced Glasflugel Flight and Service Manual amendments. The NPRM resulted from reports of 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. 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 rule as proposed except for minor editorial corrections. The FAA has determined that these minor corrections will not change the meaning of the AD [[Page 4138]] and will not add any additional burden upon the public than was already proposed. Compliance Time of This AD The compliance time for this 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 is desirable because the unsafe condition described by this 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 this action at the time of repair or repainting will not force the owner/operator to schedule this action at a later time and will allow the action to be accomplished during already-scheduled maintenance. Cost Impact The FAA estimates that 174 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. 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 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 Glasflugel Flight and Service Manual. 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: 97-03-02 Glasflugel: Amendment 39-9908; 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 Glasflugel Flight and Service Manual amendments referenced in paragraph (b) of this AD. (b) Insert the following amendments into the sailplane maintenance manual, as applicable: ------------------------------------------------------------------------ Glasflugel Flight and Sailplane models Service Manual 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 Glasflugel Flight and Service 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) The inspections required by this AD shall be done in accordance with the following Glasflugel Flight and Service Manual amendments, as applicable: ------------------------------------------------------------------------ Glasflugel Flight and Service Sailplane models Manual amendment Manual date page numbers ------------------------------------------------------------------------ 11H301 Libelle and H301B pages 14a and 14b May 1965. Libelle. Standard Libelle............... pages E14a and October 1968. E14b. Standard Libelle 201B.......... pages E15a and July 1972. E15b. [[Page 4139]] Club Libelle 205............... pages 42a and 42b October 1974. Kestrel........................ pages 27a and 27b April 1971. ------------------------------------------------------------------------ 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 Glasflugel, c/o Hr. H. Streifeneder, Glasfaser-Flugzeug-Service GmbH, Hofener Weg, D-72582 Grabenstetten, 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. (g) This amendment (39-9908) becomes effective on March 21, 1997. Issued in Kansas City, Missouri, on January 21, 1997. Henry A. Armstrong, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 97-2105 Filed 1-28-97; 8:45 am] BILLING CODE 4910-13-P