[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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  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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