[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9925-9926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4244]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 63, No. 39 / Friday, February 27, 1998 / 
Rules and Regulations  

[[Page 9925]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-101-AD; Amendment 39-10357; AD 98-04-46]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher Segelflugzeugbau 
Model ASW-19 Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Alexander Schleicher Segelflugzeugbau (Alexander 
Schleicher) Model ASW-19 sailplanes. This AD requires modifying the 
inspection hole cover in the fuselage area. 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 loss of aileron control caused by an inspection 
hole cover entering the fuselage, which could result in loss of control 
of the sailplane.

DATES: Effective April 3, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 3, 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-101-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, Small Airplane Directorate, Aircraft Certification 
Service, FAA, 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 Models ASW-19 sailplanes was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on December 19, 1997 
(62 FR 66563). The NPRM proposed to require modifying the inspection 
hole cover in the fuselage area. Accomplishment of the proposed action 
as specified in the NPRM would be required in accordance with Alexander 
Schleicher Technical Note No. 7, September 11, 1978.
    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.

Cost Impact

    The FAA estimates that 30 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 3 workhours per 
sailplane to accomplish the required action, and that the average labor 
rate is approximately $60 an hour. Parts cost approximately $40 per 
sailplane. Based on these figures, the total cost impact of the AD on 
U.S. operators is estimated to be $6,600, or $220 per sailplane.

Differences Between German AD, the Technical Note, and This AD

    Alexander Schleicher Technical Note No. 7 specifies taping the 
inspection hole cover prior to each flight before the modification to 
assure that it doesn't enter the fuselage, and taping the inspection 
hole after the modification to reduce noise and rattle and improve the 
aerodynamics.
    German AD No. 78-303, dated November 13, 1978, requires taping the 
inspection hole cover prior to each flight until the modification is 
accomplished at the next annual inspection.
    The FAA does not have service history to require taping the 
inspection hole cover prior to each flight before accomplishment of the 
modification. Instead the FAA has determined that 6 calendar months is 
a reasonable time period for the affected sailplane owners/operators to 
have the inspection hole cover modified. In addition, although the FAA 
believes that taping the inspection hole cover after the modification 
to reduce noise and rattle and improve the aerodynamics is a good idea, 
there is nothing unsafe about the sailplanes if not accomplished. The 
FAA is including a note in this AD to recommend this action.

Compliance Time of This AD

    Although the inspection hole cover would only enter the fuselage 
and jam the aileron controls during flight, 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 should be utilized in this AD in order to assure 
that the unsafe condition is addressed on all sailplanes in a 
reasonable time period.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects on the

[[Page 9926]]

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:

98-04-46  Alexander Schleicher Segelflugzeugbau: Amendment 39-10357; 
Docket No. 97-CE-101-AD.

    Applicability: Model ASW-19 sailplanes, serial numbers 19001 
through 19232, 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 within the next 6 calendar months after the 
effective date of this AD, unless already accomplished.
    To prevent loss of aileron control caused by an inspection hole 
cover entering the fuselage, which could result in loss of control 
of the sailplane, accomplish the following:
    (a) Modify the inspection hole cover in the fuselage area in 
accordance with the Instructions: section of Alexander Schleicher 
Technical Note No. 7, dated September 11, 1978.

    Note 2: Alexander Schleicher Technical Note No. 7 specifies 
taping the inspection hole cover after the modification to reduce 
noise and rattle and improve the aerodynamics. Although this action 
does not address the unsafe condition specified in this AD, the FAA 
recommends taping the inspection hole cover after accomplishing the 
modification required by paragraph (a) of this AD.

    (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 time 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 3: 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. 7, dated September 11, 1978, 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.
    (e) The modification required by this AD shall be done in 
accordance with Alexander Schleicher Technical Note No. 7, dated 
September 11, 1978. 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 4: The subject of this AD is addressed in German AD No. 78-
303, dated November 13, 1978.

    (f) This amendment (39-10357) becomes effective on April 3, 
1998.

    Issued in Kansas City, Missouri, on February 11, 1998.
Carolanne L. Cabrini,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-4244 Filed 2-26-98; 8:45 am]
BILLING CODE 4910-13-P