[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Proposed Rules]
[Pages 445-447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-42]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-98-AD]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher Segelflugzeugbau 
Model ASH 26E Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to all Alexander Schleicher Segelflugzeugbau 
(Alexander Schleicher) Model ASH 26E sailplanes. The proposed AD would 
require inspecting the red silicone tube of the rotor interior air 
cooling (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. The proposed AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Germany. The actions specified by the proposed 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, which could result in an exhaust fire and/or an 
explosion.

DATES: Comments must be received on or before February 11, 1999.

ADDRESSES: Submit comments in triplicate to 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. Comments may be inspected at this location 
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
    Service information that applies to the proposed 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 also may be examined at the Rules 
Docket at the address above.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-CE-98-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the

[[Page 446]]

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.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on all Alexander Schleicher Model ASH 26E sailplanes. The LBA 
reports an incident where oil in the heat damping layer of the exhaust 
fairing caught fire. Investigation reveals the following possible 
causes of this incident:
    --Oil was spilled when filling the engine oil tank; and
    --Oil leakage could have occurred in the red silicone tube of the 
rotor interior air cooling (just in front of the carburetor).
    This condition, if not detected and corrected in a timely manner, 
could result in an exhaust fire and/or an explosion.

Relevant Service Information

    Alexander Schleicher has issued Technical Note No. 6, dated August 
10, 1998, which specifies procedures for inspecting the red silicone 
tube of the rotor interior air cooling (just in front of the carburetor 
) for oil leaks and the heat damping layer of the lower exhaust damper 
fairing for oil contamination.
    The LBA classified this service bulletin as mandatory and issued 
German AD 98-347, dated September 10, 1998, in order to assure the 
continued airworthiness of these sailplanes in Germany.

The FAA's Determination

    This sailplane model is manufactured in Germany and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above.
    The FAA has examined the findings of the LBA; reviewed all 
available information, including the service information referenced 
above; and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Alexander Schleicher Model ASH 26E sailplanes 
of the same type design registered in the United States, the FAA is 
proposing AD action. The proposed AD would require inspecting the red 
silicone tube of the rotor interior air cooling (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 would be required in 
accordance with Alexander Schleicher Technical Note No. 6, dated August 
10, 1998. The possible replacements would be required to be 
accomplished in accordance with the applicable maintenance manual or 
other applicable FAA-approved document.

Compliance Time of the Proposed 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 should be utilized 
in the proposed 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 
Proposed 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 proposing a 
compliance time of 1 calendar month for the initial inspection.

Cost Impact

    The FAA estimates that 8 sailplanes in the U.S. registry would be 
affected by the proposed inspection, that it would take approximately 1 
workhour per sailplane to accomplish the proposed inspection, and that 
the average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the proposed inspection on U.S. 
operators is estimated to be $480, or $60 per sailplane.
    These figures only take into account the costs of the proposed 
inspection and do not take into account the costs associated with any 
parts replacement that would be necessary if oil leakage or 
contamination is found. The FAA has no way of determining the number of 
sailplanes that would need parts replacement because of oil leakage or 
contamination.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would 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) if promulgated, 
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 draft regulatory evaluation 
prepared for this action has been placed 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, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Alexander Schleicher Segelflugzeugbau: 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

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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, 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 (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.
    Note 3: The subject of this AD is addressed in German AD 98-347, 
dated September 10, 1998.

    Issued in Kansas City, Missouri, on December 29, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 99-42 Filed 1-4-99; 8:45 am]
BILLING CODE 4910-13-U