[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Rules and Regulations]
[Pages 31870-31872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12574]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-53-AD; Amendment 39-13658; AD 2004-11-12]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher Model ASW 27 
Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts 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 AD requires you to install a warning placard requiring 
pilots weighing more than 105 kg (231.5 lbs) to use the rearmost 
backrest hinge position; and requires you to determine the forward 
empty CG and make any necessary adjustments. This AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. We are issuing this 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: This AD becomes effective on July 27, 2004.
    As of July 27, 2004, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: You may get the service information identified in this 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:

Discussion

    What events have caused this 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 is the potential impact if FAA took no action? Failure of the 
sailplane to be within the acceptable CG range could result in loss of 
sailplane control.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Alexander Schleicher Model ASW 27 
sailplanes equipped with integrated (wet inner surface) water ballast 
tanks in the wings. This proposal was published in the Federal Register 
as a notice of proposed rulemaking (NPRM) on April 14, 2004 (69 FR 
19777). The NPRM proposed to 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.

[[Page 31871]]

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD 
affects 31 sailplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected sailplanes? We estimate the following costs to accomplish the 
modification:

----------------------------------------------------------------------------------------------------------------
                                                                               Total cost per     Total cost on
                        Labor cost                             Parts cost         sailplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 workhour x $60 per hour = $60...........................               $7               $67            $2,077
----------------------------------------------------------------------------------------------------------------

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD will 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under 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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2004-11-12 Alexander Schleicher Gmbh & Co.: Amendment 39-13658; 
Docket No. 2003-CE-53-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on July 27, 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 31872]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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(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   July 27, 2004 (the    9, dated February
 the cockpit in full view of   effective date of     27, 2002.
 the pilot: ``When water       this AD).
 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       weight of CG
(i) If the CG is out of        July 27, 2004 (the    following Alexander
 acceptable range, prior to    effective date of     Schleicher
 further flight, contact the   this AD).             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 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. 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.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Alexander Schleicher Technical Note No. 9, dated 
February 27, 2002. The Director of the Federal Register approved the 
incorporation by reference of this service bulletin in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy from 
Alexander Schleicher GmbH & Co., Seglflugzeugbau, D-36163 
Poppenhausen, Germany. You may review copies at FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri 64106; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 May 27, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-12574 Filed 6-7-04; 8:45 am]
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