AD 2001-26-25

[Federal Register Volume 67, Number 5 (Tuesday, January 8, 2002)]
[Rules and Regulations]
[Pages 809-812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 02-89]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-48-AD; Amendment 39-12591; AD 2001-26-25]
RIN 2120-AA64


Airworthiness Directives; Grob-Werke Gmbh & Co KG Models G102 
Club Astir III, G102 Club Astir IIIb, and G102 Standard Astir III 
Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Grob-Werke Gmbh & Co KG (Grob) Models G102 Club Astir 
III, G102 Club Astir IIIb, and G102 Standard Astir III sailplanes. This 
AD requires you to apply a red mark and install a placard on the 
airspeed indicator to restrict the Vne airspeed. This AD is the result 
of mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions specified by this AD 
are intended to prevent elevator flutter, which could cause structural 
damage. Such damage could result in loss of control of the sailplane.

[[Page 810]]


DATES: This AD becomes effective on January 31, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
January 31, 2002.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before February 11, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-48-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
    You may get the service information referenced in this AD from GROB 
Luft-und Raumfahrt, Lettenbachstrasse 9, D86874 Tussenhausen-Mattsies, 
Federal Republic of Germany; telephone: 49 8268 998139; facsimile: 49 
8268 998200. You may view this information at FAA, Central Region, 
Office of the Regional Counsel, Attention: Rules Docket No. 2001-CE-48-
AD, 901 Locust, Room 506, 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: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:   

Discussion

    What events have caused this AD? The LBA, which is the 
airworthiness authority for Germany, recently notified FAA that an 
unsafe condition may exist on all Grob Models G102 Club Astir III, G102 
Club Astir IIIb, and G102 Standard Astir III sailplanes. The LBA 
reports two occurrences of elevator flutter on Model G102 Club Astir 
III sailplanes. The exact cause of this condition is unknown at this 
time; however, both airplanes were operating in the upper flight speed 
range.
    What are the consequences if the condition is not corrected? 
Elevator flutter could cause structural damage to the sailplane. Such 
damage could result in loss of control of the sailplane.
    Is there service information that applies to this subject? Grob has 
issued Service Bulletin No. MSB306-36/2, dated November 22, 2001.
    The service bulletin includes procedures for:

--Applying a red mark on the airspeed indicator at 165 kilometers/hour 
(km/h), 89.1 knots (kts), or 102.5 miles per hour (mph) (according to 
the airspeed indicator calibration); and
--Installing a red placard to the airspeed indicator restricting the 
Vne airspeed to 165 km/h, 89.1 kts, or 102.5 mph (according to the 
airspeed indicator calibration).

    What action did the LBA take? The LBA classified this service 
bulletin as mandatory and issued German AD Number 2001-317/2, dated 
November 30, 2001, in order to ensure the continued airworthiness of 
these sailplanes in Germany.
    Was this in accordance with the bilateral airworthiness agreement? 
These sailplane models 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.
    Pursuant to this bilateral airworthiness agreement, the LBA has 
kept us informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of 
This AD

    What has FAA decided? The FAA has examined the findings of the LBA; 
reviewed all available information, including the service information 
referenced above; and determined that:

--The unsafe condition (elevator flutter while operating in the upper 
flight speed range) referenced in this document could develop on other 
Grob Models G102 Club Astir III, G102 Club Astir IIIb, and G102 
Standard Astir III sailplanes of the same type design;
--The actions specified in the previously-referenced service 
information (as specified in this AD) should be accomplished on the 
affected sailplanes; and
--AD action should be taken in order to correct this unsafe condition.

    What does this AD require? This AD requires you to incorporate the 
actions in the previously-referenced service bulletin.
    In preparation of this rule, we contacted type clubs and aircraft 
operators to obtain technical information and information on 
operational and economic impacts. We have included, in the rulemaking 
docket, a discussion of information that may have influenced this 
action.
    Is there a modification I can incorporate instead of restricting 
the Vne airspeed? The FAA has determined that long-term continued 
operational safety would be better assured by design changes that 
correct the source of the problem rather than by restricting the Vne 
airspeed. With this in mind, FAA will continue to work with Grob in 
collecting information and in performing analysis to determine whether 
a future design change is feasible.
    Will I have the opportunity to comment prior to the issuance of the 
rule? Because the unsafe condition described in this document could 
result in loss of control of the sailplane, we find that notice and 
opportunity for public prior comment are impracticable. Therefore, good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    How do I comment on this AD? Although this action is in the form of 
a final rule and was not preceded by notice and opportunity for public 
comment, FAA invites your comments on the rule. You may submit whatever 
written data, views, or arguments you choose. You need to include the 
rule's docket number and submit your comments to the address specified 
under the caption ADDRESSES. We will consider all comments received on 
or before the closing date specified above. We may amend this rule in 
light of comments received. Factual information that supports your 
ideas and suggestions is extremely helpful in evaluating the 
effectiveness of this AD action and determining whether we need to take 
additional rulemaking action.
    Are there any specific portions of this AD I should pay attention 
to? We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may view all comments we receive 
before and after the closing date of the rule in the Rules Docket. We 
will file a report in the Rules Docket that summarizes each FAA contact 
with the public that concerns the substantive parts of this AD.
    How can I be sure FAA receives my comment? If you want us to 
acknowledge the receipt of your comments, you must include a self-
addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 2001-CE-48-AD.'' We will date stamp and mail the postcard 
back to you.

Compliance Time of This AD

    What is the compliance time of this AD? The compliance time of this 
AD is ``within the next 10 calendar days after the effective date of 
this AD.''
    Why is the compliance time presented in calendar time instead of 
hours time-in-service (TIS)? Although the elevator would only flutter 
during flight, this unsafe condition is not a result of the number of 
times the sailplane is operated. The chance of this situation

[[Page 811]]

occurring is the same for a sailplane with 10 hours time-in-service 
(TIS) as it would be for a sailplane with 500 hours TIS. For this 
reason, the FAA has determined that a compliance based on calendar time 
should be utilized in this AD in order to ensure that the unsafe 
condition is addressed on all sailplanes in a reasonable time period.

Regulatory Impact

    Does this AD impact various entities? These regulations 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. 
Therefore, FAA has determined that this final rule does not have 
federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? We 
have determined that this regulation is an emergency regulation that 
must be issued immediately to correct an unsafe condition in aircraft, 
and is not a significant regulatory action under Executive Order 12866. 
It has been determined further that this action involves an emergency 
regulation under DOT Regulatory Policies and Procedures (44 FR 11034, 
February 26, 1979). If it is determined that this emergency regulation 
otherwise would be significant under DOT Regulatory Policies and 
Procedures, a final regulatory evaluation will be prepared and placed 
in the Rules Docket (otherwise, an evaluation is not required). A copy 
of it, if filed, may be obtained from the Rules Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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

    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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

2001-26-25  Grob-Werke Gmbh & Co KG: Amendment 39-12591; Docket No. 
2001-CE-48-AD

    (a) What sailplanes are affected by this AD? This AD affects the 
following Models G102 Club Astir III, G102 Club Astir IIIb, and G102 
Standard Astir III sailplanes, all serial numbers, that are 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above sailplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent elevator flutter, which could cause 
structural damage. Such damage could result in loss of control of 
the sailplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Apply a red mark on the   Within the next 10    In accordance with
 airspeed indicator at 165     calendar days after   Grob Service
 kilometers/hour (km/h),       January 31, 2002      Bulletin No. MSB306-
 89.1 knots (kts), or 102.5    (the effective date   36/2, dated
 miles per hour (mph)          of this AD).          November 22, 2001.
 (according to the airspeed
 indicator calibration).
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(2) Install a placard on the  Within the next 10    In accordance with
 airspeed indicator at         calendar days after   Grob Service
 restricting the Vne           January 31, 2002      Bulletin No. MSB306-
 airspeed as indicated in      (the effective date   36/2, dated
 paragraph (d)(1) of this      of this AD).          November 22, 2001.
 AD. 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)
 may perform the
 installation of the
 placard. You must make an
 entry into the aircraft
 records that shows
 compliance with this
 portion of the AD, in
 accordance with section
 43.9 of the Federal
 Aviation Regulations (14
 CFR 43.9).
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    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each sailplane identified in 
paragraph (a) of this AD, 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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Mike Kiesov, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4144; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the sailplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate your sailplane to a location where you 
can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Grob Service Bulletin No. MSB306-36/2, dated November 22, 2001. 
The Director of the Federal Register approved this incorporation by 
reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get 
copies from GROB Luft-und Raumfahrt, Lettenbachstrasse 9, D86874 
Tussenhausen-Mattsies, Federal Republic of Germany; telephone: 49 
8268 998139; facsimile: 49 8268 998200. You may view copies at FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on January 31, 2002.


[[Page 812]]


    Note 2: The subject of this AD is addressed in German AD 2001-
317/2, dated November 30, 2001.


    Issued in Kansas City, Missouri, on December 27, 2001.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-89 Filed 1-7-02; 8:45 am]
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