[Federal Register Volume 65, Number 154 (Wednesday, August 9, 2000)]
[Proposed Rules]
[Pages 48646-48648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20176]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-01-AD]
RIN 2120-AA64


Airworthiness Directives; Aerotechnik s.r.o. Model L 13 SEH VIVAT 
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 Aerotechnik s.r.o. (Aerotechnik) Model L 
13 SEH VIVAT sailplanes. The proposed AD would require you to inspect 
the tail-fuselage hinge for strength requirements and damage, and would 
require you to replace any hinge with damage or that does not meet 
strength requirements. The proposed AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for the Czech Republic. The actions specified by the proposed 
AD are intended to detect and correct any tail-fuselage hinge that is 
damaged or has inadequate material characteristics. Any tail-fuselage 
hinge with damage or inadequate material characteristics could fail and 
result in loss of controlled flight.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before September 6, 2000.

ADDRESSES: Submit comments in triplicate to the FAA, Central Region, 
Office of the Regional Counsel, Attention: Rules Docket No. 2000-CE-01-
AD, 901 Locust, Room 506, Kansas City, Missouri 64106. You may inspect 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except holidays.
    You may get the service information referenced in the proposed AD 
from Aerotechnik s.r.o., 686 04 Kunovic, Czech Republic; telephone: 
+420 632 537 111; facsimile: +420 632 537 900. You may examine this 
information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64016; telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This AD?

    We invite your comments on the proposed 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. We will consider 
all comments received on or before the closing date specified above, 
before acting on the proposed rule. We may change the proposals 
contained in this notice in light of the comments received.

[[Page 48647]]

How Can We Communicate More Clearly With You?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might necessitate a need to modify the proposed rule. You may examine 
all comments we receive. We will file a report in the Rules Docket that 
summarizes each FAA contact with the public that concerns the 
substantive parts of this proposal.
    The FAA is reexamining 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 the 
ease of understanding this document, 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.faa.gov/language/.

How Can I Be Sure FAA Receives My Comment?

    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. 2000-CE-01-AD.'' We will date stamp and mail 
the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the Czech Republic, recently notified the FAA that an 
unsafe condition may exist on all Aerotechnik Model L 13 SEH VIVAT 
sailplanes. The CAA reports an incident involving one of the affected 
sailplanes where the tail-fuselage attachment fitting was damaged. 
Further analysis reveals that the material characteristics of the tail-
fuselage attachment fitting were inadequate.

What Are the Consequences if the Condition Is Not Corrected?

    The tail-fuselage attachment fitting is a primary structural 
element within the empennage. Failure of this part, if not detected and 
corrected, could result in loss of controlled flight.

Is There Service Information That Applies to This Subject?

    Aerotechnik has issued Mandatory Bulletin SEH 13-005a, dated 
November 18, 1999.

What Are the Provisions of This Service Bulletin?

    The service bulletin describes procedures for testing the tail-
fuselage attachment fittings, part number (P/N) A 102 021N.

What Action Did the CAA Take?

    The CAA classified this service bulletin as mandatory and issued 
CAA AD Number CAA-AD-T-112/1999, dated November 18, 1999, in order to 
assure the continued airworthiness of these sailplanes in the Czech 
Republic.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    This sailplane model is manufactured in the Czech Republic and the 
FAA type certificated the model 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. Complying with this bilateral airworthiness agreement, the 
CAA informed the FAA of the situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

What Has FAA Decided?

    The FAA has examined the findings of the CAA; reviewed all 
available information, including the service information referenced 
above; and determined that--

--The unsafe condition referenced in this document exists or could 
develop on other Aerotechnik Model L 13 SEH VIVAT sailplanes of the 
same type design;
--These sailplanes should have the actions specified in the above 
service bulletin incorporated; and
--The FAA should take AD action to correct this unsafe condition.

What Does This Proposed AD Require?

    This proposed AD would require you to inspect the tail-fuselage 
hinge for strength requirements and damage, and would require you to 
replace any hinge with damage or that does not meet strength 
requirements.

What Are the Differences Between the CAA AD and the Proposed AD?

    The Czech CAA requires the fitting test before the next flight. We 
propose a requirement that you test the hinge part within 60 days after 
the effective date of the proposed AD. The FAA does not have 
justification to ground all sailplanes until this fitting test is 
accomplished. We believe that 60 days will give the owners/operators of 
the affected sailplanes enough time to have the proposed actions 
accomplished without compromising the safety of the sailplanes.

Cost Impact

This Proposed AD Impacts How Many Sailplanes?

    We estimate that the proposed AD would affect 20 sailplanes in the 
U.S. registry.

What Is the Cost Impact of the Proposed Inspection for the Affected 
Sailplanes on the U.S. Register?

    We estimate that it would take approximately 4 workhours per 
sailplane to accomplish the proposed inspection, at an average labor 
rate of $60 an hour. Based on the cost factors presented above, we 
estimate the total cost impact of the proposed inspection on U.S. 
operators to be $4,800, or $240 per sailplane.

What Is the Cost Impact of the Proposed Replacement for the Affected 
Sailplanes on the U.S. Register?

    We estimate that it would take approximately 16 workhours per 
sailplane to accomplish the proposed replacement (as necessary), at an 
average labor rate of $60 an hour. The manufacturer will provide the 
replacement attachment fittings at no cost. Based on the cost factors 
presented above, we estimate the total labor cost impact of the 
proposed replacement on U.S. operators to be $960 per sailplane.

Regulatory Impact

How Does This AD Impact Relations Between Federal and State 
Governments?

    The proposed regulations 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. It is determined that this proposed 
rule would not have federalism implications under Executive Order 
13132.

How Does This AD Involve a Significant Rule or Regulatory Action?

    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 Department of

[[Page 48648]]

Transportation Regulatory Policies and Procedures (44 FR 11034, 
February 26, 1979); and (3) if put into effect, 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. We have placed a copy of the draft regulatory 
evaluation prepared for this action in the Rules Docket. You may obtain 
a copy of it 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, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration (FAA) 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:

Aerotechnik S.R.O.: Docket No. 2000-CE-01-AD.

    (a) What sailplanes are affected by this AD? This AD applies to 
Model L 13 SEH VIVAT 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 must comply with 
this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent the tail-fuselage hinge failing and 
consequent loss of controlled flight.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

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                 Actions                        Compliance times                       Procedures
----------------------------------------------------------------------------------------------------------------
(1) Inspect the tail-fuselage attachment   Within 60 days after the    Follow the procedures in the Aerotechnik
 fitting, part number (P/N) A 102 021N,     effective date of the AD.   Service Bulletin SEH 13-005a, dated
 for damage and material hardness.                                      November 18, 1999.
(2) If the tail-fuselage attachment        Before further flight       You must notify Aerotechnik and request
 fitting is damaged for the material does   after the inspection.       they send the replacement part with
 not meet the hardness requirements                                     installation instructions.
 specified in the service bulletin, you
 must replace the tail-fuselage
 attachment fitting.
(3) Do not install, on any sailplane, a P/ As of the effective date    Inspect any attachment fitting in
 N A 102 021N attachment fitting that has   of this AD.                 accordance with the previously
 not passed the inspection requirements                                 referenced service bulletin.
 specified in paragraph (d)(1) of this AD.
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    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and (2) 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, 901 Locust, Room 301, 
Kansas City, Missouri 64106.

    Note: This AD applies to each sailplane identified in paragraph 
(a) of this AD, 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. You should 
include in the request 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.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? You can contact Mike Kiesov, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64016; telephone: (816) 329-4144; 
facsimile: (816) 329-4090.
    (g) 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.
    (h) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
Aerotechnik s.r.o., 686 04 Kunovic, Czech Republic; telephone: +420 
632 537 111; facsimile: +420 632 537 900; or may examine this 
document at FAA, Central Region, Office of the Regional Counsel, 901 
Locust, Room 506, Kansas City, Missouri 64106.

    Note: The subject of this AD is addressed in CAA AD Number CAA-
AD-T-112/1999, dated November 18, 1999.


    Issued in Kansas City, Missouri, on August 1, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-20176 Filed 8-8-00; 8:45 am]
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