[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Rules and Regulations]
[Pages 49265-49267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24404]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-49-AD; Amendment 39-10755; AD 98-19-14]
RIN 2120-AA64


Airworthiness Directives; S.N. Centrair 101 Series 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 S.N. Centrair (Centrair) 101 series sailplanes. This AD 
requires replacing the airbrake control system with one of improved 
design. This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for France. 
The actions specified by this AD are intended to prevent loss of the 
airbrake control system caused by cracks in the original design 
airbrake control system, which could result in an inadvertent forced 
landing with consequent sailplane damage and/or passenger injury.

DATES: Effective November 9, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 9, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from S.N. Centrair, Aerodrome, 36300 Le Blanc, France; telephone: 
02.54.37.07.96; facsimile: 02.54.37.48.64. 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-49-
AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106, or at 
the Office of the Federal Register, 800 North Capital 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) 426-6934; 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 Centrair 101 
series sailplanes was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on June 9, 1998 (63 FR 31372). The NPRM 
proposed to require replacing the existing airbrake control system. 
Accomplishment of the proposed action as specified in the NPRM would be 
in accordance with the appropriate Centrair maintenance manual and FAA 
Advisory Circular (AC) 43.13-1A: Acceptable Methods, Techniques, and 
Practices-Aircraft Inspection and Repair.
    The NPRM was the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for France.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the two comments received.

Comment Issue No. 1: Parts Availability

    The commenter has a concern that the aircraft manufacturer will not 
provide the parts necessary to accomplish the actions of the proposed 
AD in a timely manner.
    The FAA is currently working with the Direction Generale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, and S.N. Centrair concerning the availability of replacement 
parts for all of the affected sailplanes. In the interim, the FAA has 
determined that repetitive inspections are authorized if parts have 
been ordered from the manufacturer, but

[[Page 49266]]

are not available. The repetitive inspections will be required at 
intervals not to exceed 12 calendar months. If cracks are found, the 
owner/operator of the affected sailplane will need to either contact 
the FAA for an acceptable repair and incorporate this repair before 
further flight or wait for the parts to become available and install 
the replacement parts before further flight.
    The final rule will reflect this alternative method to 
accomplishing the AD if parts are not available.

Comment Issue No. 2: Allow the Option for Repetitive Inspections

    The commenter suggests that the proposal allow for continued 
repetitive inspections of the airbrake control system provided no 
cracks are found, with the option of replacing the associated parts 
with parts of a new design that, when installed, would eliminate the 
repetitive inspection requirement. This is specified in S.N. Centrair 
Service Bulletin No. 101-16, Revision 2, dated September 10, 1997.
    The FAA does not concur. The FAA's policy is to provide a 
corrective action, when available, that will eliminate the need for 
repetitive inspections. The FAA has determined that long-term 
operational safety will be better assured by design changes that remove 
the source of the problem, rather than by repetitive inspections or 
other special procedures. Since a design change exists for the airbrake 
control system that, when incorporated, would eliminate the need for 
repetitive inspections, no changes to the final rule are necessary as a 
result of this comment.
    The only exception to this would be if parts were not available. As 
discussed in Comment Issue No. 1, the owner/operator could repetitively 
inspect every 12 calendar months provided parts have been ordered, are 
not available, and no cracks are found in the airbrake control system.

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 
the addition of the provision for repetitively inspecting the airbrake 
control system if parts were not available and minor editorial 
corrections. The FAA has determined that this addition and 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

    The compliance time of this AD is in calendar time instead of hours 
time-in-service (TIS). The average monthly usage of the affected 
sailplanes ranges throughout the fleet. For example, one owner may 
operate the sailplane 25 hours TIS in one week, while another operator 
may operate the sailplane 25 hours TIS in one year. In order to ensure 
that all of the owners/operators of the affected sailplanes have 
replaced the airbrake control system within a reasonable amount of 
time, the FAA is requiring replacement within the next 3 calendar 
months after the effective date of the AD, unless parts are not 
available. If parts were not available, the initial inspection would be 
required within this 3 calendar months time period with recurring 
inspections every 12 calendar months until the parts were available or 
cracks were found (where operation of the sailplane would no longer be 
required until repair or replacement).

Cost Impact

    The FAA estimates that 41 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 4 workhours per 
sailplane to accomplish this action, and that the average labor rate is 
approximately $60 an hour. Parts cost approximately $100 per sailplane. 
Based on these figures, the total cost impact of this AD on U.S. 
operators is estimated to be $13,940, or $340 per sailplane.

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:

98-19-14  S.N. Centrair: Amendment 39-10755; Docket No. 98-CE-49-AD.

    Applicability: Models 101, 101A, 101P, 101AP 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 (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 as indicated in the body of this AD, unless 
already accomplished.
    To prevent loss of the airbrake control system caused by cracks 
in the original design airbrake control system, which could result 
in an inadvertent forced landing with consequent sailplane damage 
and/or passenger injury, accomplish the following:
    (a) Within the next 3 calendar months after the effective date 
of this AD, replace the existing airbrake control system in 
accordance with the appropriate S.N. Centrair maintenance manual and 
FAA Advisory Circular (AC) 43.13-1A: Acceptable Methods, Techniques, 
and Practices-Aircraft Inspection and Repair, as follows:
    (1) For sailplanes equipped with manual aileron and airbrake 
control systems, install S.N. Centrair part number (P/N) $YO57D or 
an FAA-approved equivalent part number.
    (2) For sailplanes equipped with an automatic aileron and 
airbrake control system, install S.N. Centrair P/N $Y818E or an FAA-
approved equivalent part number.

[[Page 49267]]

    (b) If the parts required by the replacement required in 
paragraph (a) of this AD have been ordered, but are not available 
from the manufacturer, within the next 3 calendar months after the 
effective date of this AD, and thereafter at intervals not to exceed 
12 calendar months provided parts are still not available, inspect 
the airbrake control system for cracks. Accomplish this inspection 
in accordance with S.N. Centrair Service Bulletin No. 101-16, 
Revision 2, dated September 10, 1997.
    (1) If cracks are found, prior to further flight, accomplish one 
of the following:
    (i) Obtain a repair scheme from the FAA at the address specified 
in paragraph (d) of this AD, and prior to further flight, 
incorporate this repair scheme; or
    (ii) Replace the airbrake control system, as required by 
paragraph (a) of this AD, when the parts become available. Continued 
operation of the sailplane until parts become available is not 
allowed.
    (2) If parts become available, prior to further flight, replace 
the airbrake control system as specified in paragraph (a) of this 
AD.
    (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, 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 S.N. Centrair 
Service Bulletin No. 101-16, Revision 2, dated September 10, 1997, 
should be directed to S.N. Centrair, Aerodrome, 36300 Le Blanc, 
France; telephone: 02.54.37.07.96; facsimile: 02.54.37.48.64. 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.

    Note 3: The subject of this AD is addressed in French AD 95-
261(A)R1, dated November 20, 1996

    (f) The inspection required by this AD (if parts are not 
available) shall be done in accordance with S.N. Centrair Service 
Bulletin No. 101-16, Revision 2, dated September 10, 1997. 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 S.N. Centrair, Aerodrome, 36300 Le 
Blanc, France. 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.
    (g) This amendment becomes effective on November 9, 1998.

    Issued in Kansas City, Missouri, on September 3, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-24404 Filed 9-14-98; 8:45 am]
BILLING CODE 4910-13-U