[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Proposed Rules]
[Pages 78947-78949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27041]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9382; Directorate Identifier 2016-CE-032-AD]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher GmbH & Co. Gliders

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Alexander Schleicher GmbH & Co. Model ASK 21 gliders. This proposed AD 
results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as cable slack in gliders equipped with a rudder 
hand control system leading to a short-term blockage of the rudder 
control system and reduced control. We are issuing this proposed AD to 
correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by December 27, 
2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Alexander Schleicher GmbH & Co., Segelflugzeugbau, Germany, Alexander 
Schleicher Str. 1, D-36163 Poppenhausen (Wasserkuppe), telephone: +49 
6658 89-0; fax: +49 6658 89-40; email: [email protected]; 
Internet: http://www.alexander-schleicher.de/en/flugzeuge/ask-21/. You 
may review this referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call (816) 
329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9382; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9382; 
Directorate Identifier 2016-CE-032-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No.: 2016-0192, dated September 28, 2016 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A temporary rudder control blockage was reported, involving an 
ASK 21 sailplane equipped with a rudder hand control system.

[[Page 78948]]

The subsequent investigation revealed significant cable slack in the 
rudder control system.
    This condition, if not detected and corrected, could lead to 
reduced rudder control, possibly resulting in reduced 
controllability of the sailplane.
    To address this potentially unsafe condition, Schleicher issued 
ASK 21 Technical Note (TN) 38 to provide instructions to amend the 
ASK 21 Aircraft Flight Manual (AFM), incorporating updated pre-
flight inspection instructions to check the rudder control system of 
sailplanes modified in accordance with the instructions of 
Schleicher ASK 21 TN 25 (rudder actuated by hand lever for the front 
pilot seat) or TN 30 (rudder control by hand for the rear pilot 
seat).
    For reasons described above, this AD requires amendment of the 
applicable Schleicher ASK 21 AFM, revising pre-flight checks of the 
rudder hand control system.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9357.

Related Service Information Under 1 CFR Part 51

    Alexander Schleicher GmbH & Co. has issued ASK 21 Technical Note 
No. 38, dated May 31, 2016, The service information describes 
procedures for inspecting gliders equipped with a rudder hand control 
system for proper tension and adjustment if necessary. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD will affect 64 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $10,880, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 1 work-hour for cost of $85 per product. We have no way of 
determining the number of products that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Alexander Schleicher GmbH & Co.: Docket No. FAA-2016-9382; 
Directorate Identifier 2016-CE-032-AD.

(a) Comments Due Date

    We must receive comments by December 27, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Alexander Schleicher GmbH & Co. ASK 21 
gliders, all serial numbers, certificated in any category, that are 
modified with a rudder hand control system using either ASK 21 
Technical Note No. 25, dated February 16, 1993, or ASK 21 Technical 
Note No. 30, dated January 22, 2007.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as cable slack in 
gliders equipped with a rudder hand control system. We are issuing 
this proposed AD to correct any excess slack in the rudder hand 
control system, which could result in a short-term blockage of the 
rudder control system causing reduced control.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through 
(3) of this AD:
    (1) If the glider is equipped with a rudder actuated by means of 
a hand lever at the left cockpit wall in the front pilot seat by ASK 
21 Technical Note (TN) No. 25, dated February 16, 1993, within the 
next 60 days after the effective date of this AD, replace the flight 
manual (FM) and maintenance manual (MM) pages with the following 
pages in ASK 21 TN No. 38, dated May 31, 2016:
    (i) FM: Check List/1, 16a, 19.1a., and 21.
    (ii) MM: 13, 15.
    (2) If the glider is equipped with a rudder actuated by means of 
a hand lever at the left cockpit wall in the rear pilot seat by ASK 
21 TN No. 30, dated January 22, 2007, within the next 60 days after 
the effective date of this AD, replace the FM and MM pages with the 
following pages in ASK 21 TN No. 38, dated May 31, 2016:
    (i) FM: Check List/1, 16a, 18a, 19b, 19c, 19.1a, and 21.

[[Page 78949]]

    (ii) MM: 13, 15.
    (3) For all affected gliders, within the next 60 days after the 
effective date of this AD and repetitively thereafter at intervals 
not to exceed every 12 months, inspect the rudder cable tension and 
make any necessary corrections following the instructions from FM 
page 19.1a, Checking and Adjusting of the Cable Tension, as 
specified in ASK 21 TN No. 38, dated May 31, 2016.
    (4) For all affected gliders, after the effective date of this 
AD, any glider modified with a rudder hand control system in 
accordance with ASK 21 TN No. 25 or TN No. 30 must also amend the FM 
and MM following the instructions in ASK 21 TN No. 38, dated May 31, 
2016.

(g) Pilot Authorization

    In addition to the provisions of 14 CFR 43.3 and 43.7, the 
actions required by paragraph (f)(1) through (2) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the glider records 
showing compliance with this AD following 14 CFR 43.9 (a)(1) through 
(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected]. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2016-0192, dated September 28, 2016, for related information. You 
may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-9382. For service 
information related to this AD, contact Alexander Schleicher GmbH & 
Co., Segelflugzeugbau, Germany, Alexander Schleicher Str. 1, D-36163 
Poppenhausen (Wasserkuppe), telephone: +49 6658 89-0; fax: +49 6658 
89-40; email: [email protected]; Internet: http://www.alexander-schleicher.de/en/flugzeuge/ask-21/. You may review 
this referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.

    Issued in Kansas City, Missouri, on November 2, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-27041 Filed 11-9-16; 8:45 am]
 BILLING CODE 4910-13-P