AD 98-08-29

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.

Final rule

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 calendarmonths 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.

(g) This amendment becomes effective on May 18, 1998.

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 proposedrule or the FAA's determination of the cost to the public.

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.

39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: