[Federal Register Volume 65, Number 41 (Wednesday, March 1, 2000)]
[Rules and Regulations]
[Pages 10934-10937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4434]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-78-AD; Amendment 39-11599; AD 2000-04-16]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher Segelflugzeugbau 
Models ASH 25M and ASH 26E Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Alexander Schleicher Segelflugzeugbau (Alexander 
Schleicher) Models ASH 25M and ASH 26E sailplanes. This AD requires 
that you accomplish the following:
     Check to see if the sailplane has a muffler marked with an 
X on the front plate;
     Accomplish pre-flight checks on the carbon reinforced 
plastic fairing for signs of overheat traces and/or perform boroscope 
inspections, depending on the number of sailplane hours accumulated; 
and
     Replace the muffler with an improved design muffler either 
at a certain time period or immediately if discrepancies are found 
during any 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 excessive 
radiation from causing the carbon fiber shroud on the engine muffler to 
delaminate. The carbon fiber shroud serves the same

[[Page 10935]]

function as a firewall and delamination could cause a fire to spread 
throughout the sailplane.

DATES: Effective March 20, 2000.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of March 
20, 2000.
    The FAA must receive any comments on this rule on or before March 
31, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-78-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.
    You may get the service information referenced in this AD from 
Alexander Schleicher GmbH & Co. Segelflugzeugbau, D-36161 Poppenhausen, 
Federal Republic of Germany; telephone: ++49 6658 89-0; facsimile: ++ 
49 6658 89-40. You may examine this information at the FAA, Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 99-
CE-78-AD, 901 Locust, Room 506, 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, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    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 Models ASH 25M and ASH 26E 
sailplanes. The LBA advises that the current design engine mufflers 
could be defective. Specifically, excessive temperature radiation could 
cause the carbon fiber shroud to delaminate.

What Are the Consequences if the Condition Is Not Corrected?

    The carbon fiber shroud serves the same function as a firewall and 
delamination could cause a fire to spread throughout the sailplane.

What Is the Cause of the Problem?

    Design of the engine muffler.

Relevant Service Information

Is there service information that applies to this subject?

    Yes. Alexander Schleicher has issued the following service 
information:

--ASH 25 M Technical Note No. 15, dated September 3, 1999; and
--ASH 26 E Technical Note No. 8, dated August 23, 1999.

What Are the Provisions of This Service Bulletin?

    The service bulletin specifies and/or includes procedures for:

--Checking to see if the sailplane has a muffler marked with an X on 
the front plate;
--Accomplishing pre-flight checks on the carbon reinforced plastic 
fairing for signs of overheat traces and/or performing boroscope 
inspections, depending on the number of sailplane hours accumulated; 
and
--Replacing the muffler with an improved design muffler either at a 
certain time period or immediately if discrepancies are found during 
any inspection.

The Foreign Airworthiness Authority's Action

What Action Did the LBA Take?

    The LBA classified these service bulletins as mandatory and issued 
the following in order to assure the continued airworthiness of these 
sailplanes in Germany:

--German AD 1999-376, dated December 2, 1999; and
--German AD 1999-311, dated September 8, 1999.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    Yes. These sailplane models are manufactured in Germany and are 
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's Determination and an Explanation of the Provisions of the 
AD

What Has the FAA Decided?

     After examining the circumstances and reviewing all available 
information related to the incidents described above including that 
received from the LBA, the FAA has determined that:

--An unsafe condition exists or could develop on all Alexander 
Schleicher Models ASH 25M and ASH 26E sailplanes;
--The actions of the above-referenced service bulletin should be 
accomplished on the affected sailplanes; and
--AD action should be taken in order to prevent excessive radiation 
from causing the carbon fiber shroud on the engine muffler to 
delaminate. The carbon fiber shroud serves the same function as a 
firewall and delamination could cause a fire to spread throughout the 
sailplane.

What Does This AD Require?

    This AD requires you to accomplish the following:

--Check to see if the sailplane has a muffler marked with an X on the 
front plate;
--Accomplish pre-flight checks on the carbon reinforced plastic fairing 
for signs of overheat traces and/or perform boroscope inspections, 
depending on the number of sailplane hours accumulated; and
--Replace the muffler with an improved design muffler either at a 
certain time period or immediately if discrepancies are found during 
any inspection.

Compliance Time of This AD

What Is the Compliance Time of This AD?

    The initial actions of this AD are required ``within 30 calendar 
days after the effective date of this AD.''
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for public 
prior comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Why Is the Compliance in Calendar Time Instead of Hours Time-in-
Service?

    We have established the compliance in calendar time instead of 
hours time-in-service (TIS) because the unsafe condition described by 
this AD is not directly related to sailplane operation. 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. A calendar time for compliance will assure that the unsafe 
condition is addressed on all sailplanes in a reasonable time period.

Why Is the Compliance Time of This AD Different Than the German AD and 
the Service Information?

    The service information specifies the check required in this AD 
``prior to

[[Page 10936]]

further flight'' and the German AD mandates this check ``prior to 
further flight'' for sailplanes registered for operation in Germany. We 
do not have justification for requiring the check prior to further 
flight. Instead, we have determined that 30 calendar days is a 
reasonable time period for you to accomplish this check.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, the FAA invites 
comments on this rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ADDRESSES. The FAA will consider all comments received on or 
before the closing date. We may amend this rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of the AD action 
and determining whether we need to take additional rulemaking action.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may examine all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of this 
AD.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 99-CE-78-AD.'' We will date stamp and mail the 
postcard back to you.

Regulatory Impact

    These regulations will not have a substantial direct effect 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, the FAA has determined that 
this final rule does not have federalism implications under Executive 
Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. We determined that this action involves an 
emergency regulation under DOT Regulatory Policies and Procedures (44 
FR 11034, February 26, 1979). If the FAA determines that this emergency 
regulation otherwise would be significant under DOT Regulatory Policies 
and Procedures, we will prepare a final regulatory evaluation and place 
it in the Rules Docket (otherwise, an evaluation is not required). You 
may obtain a copy of this evaluation, if filed, from the Rules Docket.

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:

2000-04-16  Alexander Schleicher Segelflugzeugbau: Amendment 39-
11599; Docket No. 99-CE-78-AD. (a) What sailplanes are affected by 
this AD?
    Models ASH 25M and ASH 26E sailplanes, all serial numbers, 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above sailplanes on the U.S. Register.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent excessive radiation from causing the 
carbon fiber shroud on the engine muffler to delaminate. The carbon 
fiber shroud serves the same function as a firewall and delamination 
could cause a fire to spread throughout the sailplane.
    (d) What procedures must be used to accomplish the actions of 
this AD? You should use the procedures in whichever of the following 
(referred to as service information in the rest of this document), 
as applicable:
    (1) Alexander Schleicher ASH 25 M Technical Note No. 15, dated 
September 3, 1999; or
    (2) Alexander Schleicher ASH 26 E Technical Note No. 8, dated 
August 23, 1999.
    (e) What must I do to address this problem? Within the next 30 
calendar days after the effective date of this AD, determine whether 
the sailplane has a muffler marked with an X on the front plate, and 
then accomplish the following, as applicable:

------------------------------------------------------------------------
                    If                                  Then
------------------------------------------------------------------------
(1) The muffler front plate does not have   (i) Within 30 calendar days
 an X on the front plate and the engine      after the effective date of
 operating time is less than 40 hours time-  this AD, accomplish a
 in-service (TIS),                           preflight inspection on the
                                             carbon fiber reinforced
                                             plastic fairing for any
                                             signs of overheat traces.
                                            (ii) Upon accumulating 40
                                             hours TIS on the engine and
                                             thereafter at intervals not
                                             to exceed 2 hours TIS until
                                             accumulating 60 hours TIS,
                                             accomplish the boroscope
                                             inspection specified in the
                                             service information.
                                            (iii) Upon accumulating 60
                                             hours TIS on the engine,
                                             replace the muffler with an
                                             improved design muffler
                                             obtained from the
                                             manufacturer, or other FAA-
                                             approved equivalent.
(2) The muffler plate does not have an X    (i) Within 30 calender days
 on the front plate and the engine           after the effective date of
 operating time is either 40 hours TIS or    this AD and thereafter at
 more than 40 hours TIS, but less than 60    intervals not to exceed 2
 hours TIS,                                  hours TIS, until
                                             accumulating 60 hours TIS
                                             on the engine, accomplish
                                             the boroscope inspection
                                             specified in the service
                                             information.

[[Page 10937]]

 
                                            (ii) Upon accumulating 60
                                             hours TIS on the engine,
                                             replace the muffler with an
                                             improved design muffler
                                             obtained from the
                                             manufacturer, or other FAA-
                                             approved equivalent part.
(3) The muffler plate does not have an X    Within 30 calendar days
 on the front plate and the engine           after the effective date of
 operating time is either 60 hours TIS or    this AD, replace the
 more than 60 hours TIS,                     muffler with an improved
                                             design muffler obtained
                                             from the manufacturer, or
                                             other FAA-approved
                                             equivalent part.
(4) If any discrepancies are found during   Prior to further flight,
 any preflight check or inspection           replace the muffler with an
 required by this AD,                        improved design muffler
                                             obtained from the
                                             manufacturer, or other FAA-
                                             approved equivalent part.
(5) If the muffler has an X marked on the   Upon accumulating 100 hours
 front plate,                                TIS on the engine or within
                                             the next 30 calendar days
                                             after the effective date of
                                             this AD, whichever occurs
                                             later, replace the muffler
                                             with an improved design
                                             muffler obtained from the
                                             manufacturer, or other FAA-
                                             approved equivalent part.
------------------------------------------------------------------------

    (f) May the pilot accomplish any of the actions of this AD? Yes. 
The owner/operator holding at least a private pilot certificate as 
authorized by Sec. 43.7 of the Federal Aviation Regulations (14 CFR 
43.7) may accomplish the check to determine whether an X is marked 
on the engine muffler front plate and the preflight inspection. You 
must make an entry into the aircraft records that shows compliance 
with these portions of the AD, in accordance with Sec. 43.9 of the 
Federal Aviation Regulations (14 CFR 43.9).
    (g) Can I comply with this AD in any other way? Yes.
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.
    (2) 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 (g)(1) 
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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.
    (h) Where can I get information about any already-approved 
alternative methods of compliance? Contact the Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; 
telephone: (816) 329-4121; facsimile: (816) 329-4091.
    (i) What if I need to fly the sailplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate your sailplane to a location where you 
can accomplish the requirements of this AD.
    (j) Who should I contact if I have questions regarding the 
service information? Questions or technical information related to 
Alexander Schleicher ASH 25 M Technical Note No. 15, dated September 
3, 1999, and Alexander Schleicher ASH 26 E Technical Note No. 8, 
dated August 23, 1999, should be directed to Alexander Schleicher 
GmbH & Co. Segelflugzeugbau, D-36161 Poppenhausen, Federal Republic 
of Germany; telephone: ++49 6658 89-0; facsimile: ++49 6658 89-40. 
This service information may be examined at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri 64106.
    (k) Are any service bulletins incorporated into this AD by 
reference? Yes. The actions required by this AD must be done in 
accordance with Alexander Schleicher ASH 25 M Technical Note No. 15, 
dated September 3, 1999, and Alexander Schleicher ASH 26 E Technical 
Note No. 8, dated August 23, 1999. The Director of the Federal 
Register approved this incorporation by reference under 5 U.S.C. 
552(a) and 1 CFR part 51. You can get copies from Alexander 
Schleicher GmbH & Co. Segelflugzeugbau, D-36161 Poppenhausen, 
Federal Republic of Germany. You can look at copies at the FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
    (l) Has the airworthiness authority for the State of Design 
addressed this action? Yes. The subject of this AD is addressed in 
German AD 1999-376, dated December 2, 1999, and German AD 1999-311, 
dated September 8, 1999.
    (m) When does this amendment become effective? This amendment 
becomes effective on March 20, 2000.

    Issued in Kansas City, Missouri, on February 18, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certifications 
Service.

[FR Doc. 00-4434 Filed 2-29-00; 8:45 am]
BILLING CODE 4910-13-U