[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Proposed Rules]
[Pages 72584-72586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33571]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-70-AD]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher GmbH & Co. Model 
ASW-27 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 certain Alexander Schleicher GmbH & Co. 
(Alexander Schleicher) Model ASW-27 sailplanes. The proposed AD would 
require inspecting the elevator control circuit clearance inside the 
fuselage tail boom to the fin intersection to assure a clearance of at 
least 2.5 millimeters (mm) (\1/10\-inch wide), and adjusting any 
clearance that does not meet the criteria. The proposed AD is 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 detect interference in the elevator 
control circuit, which, if not corrected, could result in the elevator 
control jamming with possible loss of control of the sailplane.

DATES: Comments must be received on or before January 31, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-70-AD, 901 Locust, Room 506, 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 Alexander Schleicher GmbH & Co. Segelflugzeugbau, D-36163 
Poppenhausen, Federal Republic of Germany; telephone: ++49 6658 89-0; 
facsimile: ++49 6658 89-40. 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, 901 Locust, Room 301, 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 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. 99-CE-70-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 Regional Counsel, Attention: 
Rules

[[Page 72585]]

Docket No. 99-CE-70-AD, 901 Locust, Room 506, 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 certain Alexander Schleicher Model ASW-27 sailplanes. The LBA 
reports an incident where the elevator controls jammed during takeoff. 
Investigation of this incident revealed that the 90-degree lever with 
its attached mass balance lead weight and connecting bolt contacted and 
rubbed against the cut-out of the lower fin rib.
    This condition, if not detected and corrected in a timely manner, 
could result in the elevator control jamming with possible loss of 
control of the sailplane.

Relevant Service Information

    Alexander Schleicher has issued Technical Note No. 5, dated July 
16, 1999, which specifies procedures for inspecting the elevator 
control circuit clearance inside the fuselage tail boom to the fin 
intersection to assure a clearance of at least 2.5 millimeters (mm) 
(\1/10\-inch wide), and adjusting any clearance that does not meet the 
criteria.
    The LBA classified this service bulletin as mandatory and issued 
German AD 1999-283, Effective Date: September 9, 1999, in order to 
assure the continued airworthiness of these sailplanes in Germany.

The FAA's Determination

    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 service information 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 Alexander Schleicher Model ASW-27 sailplanes 
of the same type design registered in the United States, the FAA is 
proposing AD action. The proposed AD would require inspecting the 
elevator control circuit clearance inside the fuselage tail boom to the 
fin intersection to assure a clearance of at least 2.5 mm (\1/10\-inch 
wide), and adjusting any clearance that does not meet the criteria. 
Accomplishment of the proposed actions would be required in accordance 
with Alexander Schleicher Technical Note No. 5, dated July 16, 1999.

Cost Impact

    The FAA estimates that 30 sailplanes in the U.S. registry would be 
affected by the proposed inspection, that it would take approximately 1 
workhour per sailplane to accomplish the proposed inspection, and that 
the average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the proposed inspection on U.S. 
operators is estimated to be $1,800, or $60 per sailplane.
    The FAA estimates that it would take approximately 2 workhours per 
sailplane to accomplish the proposed adjustment, if necessary, and that 
the average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the proposed adjustment on U.S. 
operators is estimated to be $3,600, or $120 per sailplane.

Compliance Time of This AD

    The compliance time of this AD is presented in calendar time 
instead of hours time-in-service (TIS).
    When proper clearance is not provided inside the fuselage tail boom 
to the fin intersection, the 90-degree lever of the elevator controls 
rubs against the cut-out of the lower fin rib. Although the 
consequential jamming of the elevator controls is a result of sailplane 
operation, improper clearance would be prevalent at the time of 
manufacture. Sailplane operation varies among operators. For example, 
one operator may utilize the sailplane 50 hours TIS in 3 months while 
it may take another 12 months or more to accumulate 50 hours TIS. In 
order to assure that improper clearance is detected and corrected in a 
timely manner, the compliance time is proposed as ``within the next 90 
calendar days after the effective date of this AD.''

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.
    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:

Alexander Schleicher GmbH & Co. Segelflugzeugbau: Docket No. 99-CE-
70-AD.

    Applicability: Model ASW-27 sailplanes, serial numbers 27002 
through 27104, 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 (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 as indicated in the body of this AD, unless 
already accomplished.
    To detect interference in the elevator control circuit, which, 
if not corrected, could

[[Page 72586]]

result in the elevator control jamming with possible loss of control 
of the sailplane, accomplish the following:
    (a) Within the next 90 calendar days after the effective date of 
this AD, inspect the elevator control circuit clearance inside the 
fuselage tail boom to the fin intersection to assure a clearance of 
at least 2.5 millimeters (mm) (\1/10\-inch wide). Prior to further 
flight, adjust any clearance that does not meet the criteria. 
Accomplish these actions in accordance with the Action section of 
Alexander Schleicher Technical Note No. 5, dated July 16, 1999.
    (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 times that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, FAA, 901 
Locust, Room 301, 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) Questions or technical information related to Alexander 
Schleicher Technical Note No. 5, dated July 16, 1999, should be 
directed to Alexander Schleicher GmbH & Co. Segelflugzeugbau, D-
36163 Poppenhausen, Federal Republic of Germany; telephone: 
++49.6658.89-0; facsimile: ++49.6658.89-40. This service information 
may be examined at the FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Note 3: The subject of this AD is addressed in German AD 1999-
283, Effective Date: September 9, 1999.

    Issued in Kansas City, Missouri, on December 20, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-33571 Filed 12-27-99; 8:45 am]
BILLING CODE 4910-13-U