[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Rules and Regulations]
[Pages 22779-22780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10169]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 /
Rules and Regulations
[[Page 22779]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-98-AD; Amendment 39-11142; AD 99-09-09]
RIN 2120-AA64
Airworthiness Directives; Alexander Schleicher Segelflugzeugbau
Model ASH 26E 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 all Alexander Schleicher Segelflugzeugbau (Alexander
Schleicher) Model ASH 26E sailplanes. This AD requires inspecting the
red silicone tube of the rotor interior air cooling system (just in
front of the carburetor ) for oil leaks and the heat damping layer of
the lower exhaust damper fairing for oil contamination, and replacing
the applicable parts where oil leakage or contamination is found. 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 detect and correct any oil-
contaminated exhaust damper fairing caused by oil leakage in the red
silicone tube of the rotor interior air cooling system, which could
result in an exhaust fire and/or an explosion.
DATES: Effective June 7, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 7, 1999.
ADDRESSES: Service information that applies to this AD may be obtained
from Alexander Schleicher GmbH & Co., Segelflugzeugbau, Postfach 60,
36163 Poppenhausen, Germany; telephone: ++49 (0) 6658-890; facsimile:
++49 (0) 6658-8923. This information may also be examined at the
Federal Aviation Administration (FAA), Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 98-CE-98-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. Mike Kiesov, Aerospace Engineer,
FAA, Small Airplane Directorate, 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 all Alexander
Schleicher Model ASH 26E sailplanes was published in the Federal
Register as a notice of proposed rulemaking (NPRM) on January 5, 1999
(64 FR 445). The NPRM proposed to require inspecting the red silicone
tube of the rotor interior air cooling system (just in front of the
carburetor) for oil leaks and the heat damping layer of the lower
exhaust damper fairing for oil contamination, and replacing the
applicable parts where oil leakage or contamination is found.
Accomplishment of the proposed inspection as specified in the NPRM
would be required in accordance with Alexander Schleicher Technical
Note No. 6, dated August 10, 1998. The possible replacements as
specified in the NPRM would be required to be accomplished in
accordance with the applicable maintenance manual or other applicable
FAA-approved document.
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.
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 unsafe condition is not a result of the number of times the
sailplane is operated. The chance of this situation 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 will be utilized in
this AD in order to assure that the unsafe condition is addressed on
all sailplanes in a reasonable time period.
Differences Between the German AD, the Technical Note, and This AD
Both Alexander Schleicher Technical Note No. 6, dated August 10,
1998, and German AD 98-347, dated September 10, 1998, specify the
initial inspection prior to further flight.
The FAA does not have justification through its regulatory process
to require the inspection prior to further flight. To assure that no
affected sailplane is inadvertently grounded, the FAA is utilizing a
compliance time of 1 calendar month for the initial inspection.
Cost Impact
The FAA estimates that 8 sailplanes in the U.S. registry will be
affected by this AD, that it will take approximately 1 workhour per
sailplane to accomplish the inspection, and that the average labor rate
is approximately $60 an hour. Based on these figures, the total cost
impact of the inspection on U.S. operators is estimated to be $480, or
$60 per sailplane.
These figures only take into account the costs of the inspection
and do not take into account the costs associated with any parts
replacement that will be necessary if oil leakage or contamination is
found. The FAA has no way of determining the number of
[[Page 22780]]
sailplanes that will need parts replacement because of oil leakage or
contamination.
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:
99-09-09 Alexander Schleicher Segelflugzeugbau: Amendment 39-11142;
Docket No. 98-CE-98-AD.
Applicability: Model ASH 26E sailplanes, all serial numbers,
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 (c) 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 as indicated in the body of this AD, unless
already accomplished.
To detect and correct any oil-contaminated exhaust damper
fairing caused by oil leakage in the red silicone tube of the rotor
interior air cooling system, which could result in an exhaust fire
and/or an explosion, accomplish the following:
(a) Within the next calendar month after the effective date of
this AD, inspect the red silicone tube of the rotor interior air
cooling system (just in front of the carburetor ) for oil leaks and
the heat damping layer of the lower exhaust damper fairing for oil
contamination, in accordance with the Action section of Alexander
Schleicher Technical Note No. 6, dated August 10, 1998. Prior to
further flight, replace the applicable parts where oil leakage or
contamination is found, in accordance with the applicable
maintenance manual or other applicable FAA-approved document.
(b) 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.
(c) An alternative method of compliance or adjustment of the
compliance times that provides an equivalent level of safety may be
approved by the Manager, Small Airplane Directorate, FAA, 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.
(d) Questions or technical information related to Alexander
Schleicher Technical Note No. 6, dated August 10, 1998, should be
directed to Alexander Schleicher GmbH & Co., Segelflugzeugbau,
Postfach 60, 36163 Poppenhausen, Germany; telephone: ++49 (0) 6658-
890; facsimile: ++49 (0) 6658-8923. 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 64106.
(e) The inspection required by this AD shall be done in
accordance with Alexander Schleicher Technical Note No. 6, dated
August 10, 1998. 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
GmbH & Co., Segelflugzeugbau, Postfach 60, 36163 Poppenhausen,
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 98-347,
dated September 10, 1998.
(f) This amendment becomes effective on June 7, 1999.
Issued in Kansas City, Missouri, on April 15, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-10169 Filed 4-27-99; 8:45 am]
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