AD Amdt-39-10478

[Federal Register Volume 63, Number 75 (Monday, April 20, 1998)]
[Rules and Regulations]
[Pages 19385-19387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 98-10179]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-108-AD; Amendment 39-10478; AD 98-08-29]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher Segelflugzeugbau 
Model ASK 21 Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Alexander Schleicher Segelflugzeugbau (Alexander 
Schleicher) Model ASK 21 sailplanes. This AD requires removing certain 
pages from the sailplane flight manual and replacing these pages with 
new pages having different information regarding spin and stall 
recovery. This action 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 
operators from using inaccurate stall and spin recovery information 
provided in the sailplane flight manual (SFM), which could result in 
the inability to recover from a spin or stall during flight.

DATES: Effective May 18, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 18, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from Alexander Schleicher, Segelflugzeugbau, 6416 Poppenhausen, 
Wasserkuppe, Federal Republic of Germany; telephone: 49.6658.890 or 
49.6658.8920; facsimile: 49.6658.8923 or 49.6658.8940. This information 
may also be examined at the Federal Aviation Administration (FAA), 
Central Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 97-CE-108-AD, Room 1558, 601 E. 12th Street, 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: Mr. J. Mike Kiesov, Project Officer, 
Sailplanes/Gliders, FAA, Small Airplane Directorate, Aircraft 
Certification Service, 1201 Walnut, suite 900, Kansas City, Missouri 
64106; telephone: (816) 426-6932; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to certain Alexander 
Schleicher Model ASK 21 sailplanes was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on February 5, 1998 
(63 FR 5904). The NPRM proposed to require removing certain pages from 
the sailplane flight manual and replacing these pages with new pages 
having different information regarding spin and stall recovery. 
Accomplishment of the proposed action as specified in the NPRM would be 
in accordance with Alexander Schleicher ASK 21 Technical Note No. 23, 
dated January 29, 1991.
    The NPRM was the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Germany.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.

[[Page 19386]]

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Compliance Time of this AD

    This action, the German AD, and Alexander Schleicher Technical Note 
No. 23, dated January 29, 1991, differ on the compliance time. The 
German AD and the technical note require that the replacement of the 
SFM pages be accomplished at the next annual inspection.
    The FAA is requiring a calendar compliance time instead of the next 
annual inspection because the calendar compliance will ensure that all 
of the owners/operators of the affected sailplanes have changed the 
flight manual and be aware of the new information at approximately the 
same time.

Cost Impact

    The FAA estimates that 30 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 1 workhour per 
sailplane to accomplish this action, and that the average labor rate is 
approximately $60 an hour. The SFM pages are provided by the 
manufacturer at no cost to the owner/operator. Inserting the pages into 
the SFM may be performed by 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), and must be entered into the 
aircraft records showing compliance with this AD in accordance with 
section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). Based 
on these figures, there is no cost impact of this AD on U.S. owners/
operators because this action can be accomplished by the owner/
operator.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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) 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 final evaluation prepared for this 
action is contained 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

98-08-29  Alexander Schleicher Segelflugzeugbau: Amendment 39-10478; 
Docket No. 97-CE-108-AD.

    Applicability: Model ASK 21 sailplanes, serial numbers 21001 
through 21495, 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 (d) 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 within the next 3 calendar months after the 
effective date of this AD, unless already accomplished.
    To prevent operators from using inaccurate stall and spin 
recovery information provided in the sailplane flight manual (SFM), 
which could result in the inability to recover from a spin or stall 
during flight, accomplish the following:
    (a) Remove pages 2, 22, 24, 33, and 34 from the Alexander 
Schleicher Model ASK 21 SFM, and replace these pages with new pages 
of the same numbers that have footnote ``TN 23 dated Jan 1991'', in 
accordance with Alexander Schleicher ASK 21 Technical Note No. 23, 
dated January 29, 1991.
    (b) Incorporating the SFM revisions, as required by this AD, may 
be performed by 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), and must be entered into the aircraft 
records showing compliance with this AD in accordance with section 
43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (c) 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.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, Aircraft 
Certification Service, 1201 Walnut, suite 900, 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.

    (e) Questions or technical information related to Alexander 
Schleicher ASK 21 Technical Note No. 23, dated January 29, 1991, 
should be directed to Alexander Schleicher, Segelflugzeugbau, 6416 
Poppenhausen, Wasserkuppe, Federal Republic of Germany; telephone: 
49.6658.890 or 49.6658.8920; facsimile: 49.6658.8923 or 
49.6658.8940. This service information may be examined at the FAA, 
Central Region, Office of the Regional Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri.
    (f) The replacements required by this AD shall be done in 
accordance with Alexander Schleicher ASK 21 Technical Note No. 23, 
dated January 29, 1991. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from Alexander 
Schleicher, Segelflugzeugbau, 6416 Poppenhausen, Wasserkuppe, 
Federal Republic of Germany. Copies may be inspected at the FAA, 
Central Region, Office of the Regional Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in German AD No. 91-
112 Schleicher, dated June 19, 1991.


[[Page 19387]]


    (g) This amendment becomes effective on May 18, 1998. Issued in 
Kansas City, Missouri, on April 9, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-10179 Filed 4-17-98; 8:45 am]
BILLING CODE 4910-13-U