[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Rules and Regulations]
[Pages 40283-40285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18625]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-06-AD; Amendment 39-11234; AD 99-15-13]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher Segelflugzeugbau 
Model ASH 26E Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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[[Page 40284]]

SUMMARY: This amendment supersedes Airworthiness Directive (AD) 98-09-
09, which currently requires replacing the internal cooling air fan 
with a fan that incorporates a white impeller on all Alexander 
Schleicher Segelflugzeugbau (Alexander Schleicher) Model ASH 26E 
sailplanes. This AD requires inspecting the internal cooling air fan 
for damage, and replacing any fan that does not incorporate a black 
impeller with a fan that incorporates a black impeller either 
immediately or at a certain time period, depending on the results of 
the inspection. 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 
failure of the internal cooling system air fan caused by a certain 
design configuration of the impeller, which could cause the engine to 
overheat with possible engine failure.

DATES: Effective September 13, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 13, 1999.

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. 99-CE-06-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 April 26, 1999 
(64 FR 20231). The NPRM proposed to supersede AD 98-09-09, Amendment 
39-10489 (63 FR 20308, April 24, 1998). AD 98-09-09 currently requires 
replacing the internal cooling air fan with a fan that incorporates a 
white impeller, part number (P/N) R1K059.
    The NPRM proposed to require inspecting the internal cooling air 
fan for damage, and replacing any fan that does not incorporate a black 
impeller,   P/N R1K074, with a fan that incorporates a P/N R1K074 
impeller. The replacement would be accomplished either immediately or 
at a certain time period, depending on the results of the inspection.
    Accomplishment of the proposed actions as specified in the NPRM 
would be required in accordance with Alexander Schleicher Technical 
Note No. 5 , dated July 23, 1998, and Mid-West Service Bulletin No. 
002, dated November 13, 1997.
    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.

Differences Between the Service Bulletin, the German AD, and This 
AD

    Alexander Schleicher Technical Note No. 5, dated July 23, 1998, 
specifies inspecting the internal air cooling air fan prior to further 
flight, and German AD 1998-391, dated October 8, 1998, requires the 
inspection prior to further flight on sailplanes registered in Germany.
    The FAA does not have justification to require the inspection prior 
to further flight. The FAA is utilizing the inspection compliance time 
of ``within the next 30 calendar days after the effective date of the 
AD.'' The FAA is utilizing the replacement compliance time of ``within 
the next 9 calendar months after the effective date of the AD'', or if 
damage is found during the inspection, ``prior to further flight.''

Compliance Time of This AD

    Although a damaged impeller blade is only unsafe while the affected 
sailplanes are in flight, the condition could occur at any time. For 
example, damage could occur on one sailplane with 25 hours time-in-
service (TIS) while not occurring on another until 250 hours TIS. This 
is due to different usage levels and the various ways sailplanes are 
operated and utilized. In addition, the average monthly usage of the 
affected sailplane ranges throughout the fleet. For example, one owner 
may operate the sailplane 25 hours TIS in one week, while another owner 
may operate the sailplane 25 hours TIS in one year. In order to assure 
that the unsafe condition is detected and corrected on all affected 
sailplanes in a timely manner without inadvertently grounding any 
affected sailplane, the FAA is utilizing compliance based on calendar 
time instead of hours TIS.

Cost Impact

    The FAA estimates that 9 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 14 workhours per 
sailplane to accomplish this AD, and that the average labor rate is 
approximately $60 an hour. Parts are available from the manufacturer at 
no cost. Based on these figures, the total cost impact of this AD on 
U.S. operators is estimated to be $7,560, or $840 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.

[[Page 40285]]

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 removing Airworthiness Directive 
(AD) 98-09-09, Amendment 39-10489 (63 FR 20308, April 24, 1998), and by 
adding a new airworthiness directive (AD) to read as follows:

99-15-13  Alexander Schleicher Segelflugzeugbau: Amendment 39-11234; 
Docket No. 99-CE-06-AD; Supersedes AD 98-09-09; Amendment 39-10489.

    Applicability: Model ASH 26E sailplanes, all serial numbers, 
certificated in any category; that are equipped with an internal 
cooling system air fan that does not incorporate a black impeller, 
part number   (P/N) R1K074.

    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 (e) 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 failure of the internal cooling system air fan caused 
by a certain design configuration of the impeller, which could cause 
the engine to overheat with possible engine failure, accomplish the 
following:
    (a) Within the next 30 calendar days after the effective date of 
this AD, inspect the internal cooling air fan for damage in 
accordance with Alexander Schleicher Technical Note No. 5, dated 
July 23, 1998.
    (b) Replace the internal cooling system air fan with a fan that 
incorporates a black impeller, P/N R1K074, at whichever of the 
compliance times below (paragraphs (b)(1) and (b)(2) of this AD) 
that applies. Accomplish this replacement in accordance with Mid-
West Service Bulletin No. 002, dated November 13, 1997:
    (1) Prior to further flight if damage is found in the internal 
cooling air fan during the inspection required by paragraph (a) of 
this AD; or
    (2) Within the next 9 calendar months after the effective date 
of this AD if damage is not found during the inspection required by 
paragraph (a) of this AD.
    (c) As of the effective date of this AD, no person may install, 
on any affected sailplane, an internal cooling system air fan that 
does not incorporate a black impeller, P/N R1K074, as specified in 
Mid-West Service Bulletin No. 002, dated November 13, 1997; and 
Alexander Schleicher Technical Note No. 5, dated July 23, 1998.
    (d) 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.
    (e) 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.

    (f) Questions or technical information related to Alexander 
Schleicher Technical Note No. 5 , dated July 23, 1998, and Mid-West 
Service Bulletin No. 002, dated November 13, 1997, 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, Missouri 64106.
    (g) The inspection required by this AD shall be done in 
accordance with Alexander Schleicher GmbH & Co. Technical Note No. 
5, dated July 23, 1998. The replacement required by this AD shall be 
done in accordance with Mid-West Engines Ltd. Service Bulletin No. 
002, dated November 13, 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 
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 3: The subject of this AD is addressed in German AD 1998-
391, dated October 8, 1998.

    (h) This amendment supersedes AD 98-09-09, Amendment 39-10489.
    (i) This amendment becomes effective on September 13, 1999.

    Issued in Kansas City, Missouri, on July 14, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-18625 Filed 7-23-99; 8:45 am]
BILLING CODE 4910-13-P