[Federal Register Volume 69, Number 72 (Wednesday, April 14, 2004)]
[Proposed Rules]
[Pages 19777-19779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8453]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 72 / Wednesday, April 14, 2004 / 
Proposed Rules  

[[Page 19777]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-53-AD]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher Model ASW 27 
Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Alexander Schleicher Model ASW 27 sailplanes equipped with 
integrated (wet inner surface) water ballast tanks in the wings, which 
could put the center of gravity (CG) of the sailplane out of the 
acceptable range. This proposed AD would require you to install a 
warning placard requiring pilots weighing more than 105 kg (231.5 lbs) 
to use the rearmost backrest hinge position; and require you to 
determine the forward empty CG and make any necessary adjustments. This 
proposed AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Germany. 
We are issuing this proposed AD to correct the CG to the acceptable 
range when integrated ballast water tanks are installed. Failure of the 
sailplane to be within the acceptable CG range could result in loss of 
sailplane control.

DATES: We must receive any comments on this proposed AD by May 14, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     By mail: FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-53-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
     By fax: (816) 329-3771.
     By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2003-CE-53-AD'' in the subject 
line. If you send comments electronically as attached electronic files, 
the files must be formatted in Microsoft Word 97 for Windows or ASCII.
    You may get the service information identified in this proposed AD 
from Alexander Schleicher GmbH & Co., Segelflugzeugbau, D-36163 
Poppenhausen, Germany.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-53-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gregory Davison, Aerospace Engineer, 
Small Airplane Directorate, ACE-112, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: 816-329-4130; facsimile: 816-329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. 2003-CE-53-AD'' in the 
subject line of your comments. If you want us to acknowledge receipt of 
your mailed comments, send us a self-addressed, stamped postcard with 
the docket number written on it. We will date-stamp your postcard and 
mail it back to you.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention To?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. If you 
contact us through a nonwritten communication and that contact relates 
to a substantive part of this proposed AD, we will summarize the 
contact and place the summary in the docket. We will consider all 
comments received by the closing date and may amend this proposed AD in 
light of those comments and contacts.

Discussion

What Events Have Caused This Proposed AD?

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified FAA that an unsafe condition may exist 
on certain Alexander Schleicher Model ASW 27 sailplanes with wings 
equipped with integrated (wet inner surface) water ballast tanks. The 
LBA reports that water ballast in the integral wing water ballast tanks 
causes a stronger nose heavy moment than the soft water ballast bags, 
putting the CG out of acceptable range. To compensate for this, pilots 
over a certain weight must only use the rearmost backrest position.

What Are the Consequences if the Condition Is Not Corrected?

    Failure of the sailplane to be within the acceptable CG range could 
result in loss of sailplane control.

Is There Service Information That Applies to This Subject?

    Alexander Schleicher has issued Technical Note No. 9, dated 
February 27, 2002.

What Are the Provisions of This Service Information?

    The service bulletin includes procedures for: installing a warning 
placard, amending the manual pages, and checking forward empty weight 
CG.

What Action Did the LBA Take?

    The LBA classified this service bulletin as mandatory and issued 
German AD Number 2002-086, dated March 7, 2002, to ensure the continued 
airworthiness of these sailplanes in Germany.

Did the LBA Inform the United States Under the Bilateral Airworthiness 
Agreement?

    These Alexander Schleicher Model ASW 27 sailplanes are manufactured 
in Germany and are type-certificated for operation in the United States 
under the provisions of Sec.  21.29 of the Federal Aviation Regulations 
(14 CFR 21.29) and the applicable bilateral airworthiness agreement.
    Under this bilateral airworthiness agreement, the LBA has kept us 
informed of the situation described above.

[[Page 19778]]

FAA's Determination and Requirements of This Proposed AD

What Has FAA Decided?

    We have examined the LBA's findings, reviewed all available 
information, and determined that AD action is necessary for products of 
this type design that are certificated for operation in the United 
States.
    Since the unsafe condition described previously is likely to exist 
or develop on other Alexander Schleicher Model ASW 27 sailplanes of the 
same type design that are registered in the United States, we are 
proposing AD action to prevent the sailplane from being outside of the 
acceptable CG range, which could result in loss of sailplane control.

What Would This Proposed AD Require?

    This proposed AD would require you to install a warning placard 
requiring pilots weighing more than 105 kg (231.5 lbs) to use the 
rearmost backrest hinge position; and require you to determine the 
forward empty weight CG and make any necessary adjustments.

How Does the Revision To 14 CFR Part 39 Affect This Proposed AD?

    On July 10, 2002, we published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we will not include it in 
future AD actions.

Costs of Compliance

How Many Sailplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 31 sailplanes in the U.S. 
registry.

What Would be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Sailplanes?

    We estimate the following costs to accomplish this proposed 
modification:

----------------------------------------------------------------------------------------------------------------
                                                              Total cost per
             Labor cost                    Parts cost            airplane        Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
1 work hour est. $60 per hour = $60  $7....................  $67 per airplane  $2,077
----------------------------------------------------------------------------------------------------------------

Regulatory Findings

Would This Proposed AD Impact Various Entities?

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-53-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Alexander Schleicher GmbH & Co.: Docket No. 2003-CE-53-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by May 14, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Sailplanes Are Affected by This AD?

    (c) This AD affects the following Alexander Schleicher Model ASW 
27 sailplanes that are certificated in any category:

------------------------------------------------------------------------
             Serial numbers                         Condition
------------------------------------------------------------------------
(1) 27105, 27109, 27110, 27113, 27115,   Equipped with integrated (wet
 27116, and 27119 through 27177.          inner surface) water ballast
                                          tanks on the wing at
                                          manufacture.
(2) 27001 and up.......................  Equipped with integrated (wet
                                          inner surface) water ballast
                                          tanks through wing replacement
                                          per Technical Note No. 2.
------------------------------------------------------------------------

What is The Unsafe Condition Presented in This AD?

    (d) This AD is the result of water ballast in the integral wing 
water ballast tanks that may cause a stronger nose heavy moment than 
the soft water ballast bags, putting the center-of-gravity (CG) out 
of acceptable range. To compensate for this, pilots over a certain 
weight must only use the rearmost backrest position. The actions 
specified in this AD are intended to correct the forward empty 
weight CG and prevent loss of sailplane control.

What Must I Do to Address This Problem?

    (e) To address this problem, you must do the following:

[[Page 19779]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Fabricate (using letters  Warning placard must  Install placard
 at least 1/8-inch in          be installed within   following Alexander
 height) a warning placard     25 hours time in      Schleicher
 with the following language   service (TIS) after   Technical Note No.
 and install this placard in   the effective date    9, dated February
 the cockpit in full view of   of this AD.           27, 2002.
 the pilot: ``When water
 ballast is used, pilots
 weighing 105 kg (231.5 lbs)
 or more including parachute
 must use the rearmost back
 rest hinge position!''.
-----------------------------
(2) Determine the forward     Within the next 50    Check forward empty
 empty weight CG.              hours TIS after the   weight of CG
(i) If the CG is out of        effective date of     following Alexander
 acceptable range, prior to    this AD.              Schleicher
 further flight, contact the                         Technical Note No.
 manufacturer at Alexander                           9, dated February
 Schleicher GmbH & Co.,                              27, 2002.
 Seglflugzeugbau, D-36163
 Poppenhausen, Germany for
 corrective action and
 perform the corrective
 action..
(ii) If CG is within
 acceptable range, no
 further action is
 necessary..
------------------------------------------------------------------------


    Note: Alexander Schleicher Technical Note No. 9, dated February 
27, 2002, changes some pages to the maintenance manual. We recommend 
that you review those changes.

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.13. The principal inspector may add comments and will send 
your request to the Manager, Standards Office, FAA, Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, MO 64106. For 
information on any already approved alternative methods of 
compliance, contact Gregory Davison, Aerospace Engineer, Small 
Airplane Directorate, ACE-112, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: 816-329-4130; facsimile: 816-329-4090.

May I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents referenced in this AD 
from Alexander Schleicher GmbH & Co., Seglflugzeugbau, D-36163 
Poppenhausen, Germany. You may view these documents at FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri 64106.

Is There Other Information That Relates to This Subject?

    (h) LBA AD 2002-086, dated March 7, 2002, and Alexander 
Schleicher Technical Note No. 9, dated February 27, 2002 also 
address the subject of this AD.

    Issued in Kansas City, Missouri, on April 2, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-8453 Filed 4-13-04; 8:45 am]
BILLING CODE 4910-13-P