AD 98-19-14

This amendment adopts a new airworthiness directive (AD) that applies to all S.N. Centrair (Centrair) 101 series sailplanes. This AD requires replacing the airbrake control system with one of improved design. This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France. The actions specified by this AD are intended to prevent loss of the airbrake control system caused by cracks in the original design airbrake control system, which could result in an inadvertent forced landing with consequent sailplane damage and/or passenger injury.

Final rule

98-19-14 S.N. CENTRAIR: Amendment 39-10755; Docket No. 98-CE-49-AD.

Applicability: Models 101, 101A, 101P, 101AP 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 (d) 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 loss of the airbrake control system caused by cracks in the original design airbrake control system, which could result in an inadvertent forced landing with consequent sailplane damage and/or passenger injury, accomplish the following:

(a) Within the next 3 calendar months after the effective date of this AD, replace the existing airbrake control system in accordance with the appropriate S.N. Centrair maintenance manual and FAA Advisory Circular (AC) 43.13-1A: Acceptable Methods, Techniques, and Practices-Aircraft Inspection and Repair, as follows:

(1) For sailplanes equipped with manual aileron and airbrake control systems, install S.N. Centrair part number (P/N) $YO57D or an FAA-approved equivalent part number.

(2) For sailplanes equipped with an automatic aileron and airbrake control system, install S.N. Centrair P/N $Y818E or an FAA-approved equivalent part number.

(b) If the parts required by the replacement required in paragraph (a) of this AD have been ordered, but are not available from the manufacturer, within the next 3 calendar months after the effective date of this AD, and thereafter at intervals not to exceed 12 calendar months provided parts are still not available, inspect the airbrake control system for cracks. Accomplish this inspection in accordance with S.N. Centrair Service Bulletin No. 101-16, Revision 2, dated September 10, 1997.

(1) If cracks are found, prior to further flight, accomplish one of the following:

(i) Obtain a repair scheme from the FAA at the address specified in paragraph (d) of this AD, and prior to further flight, incorporate this repair scheme; or

(ii) Replace the airbrake control system, as required by paragraph (a) of this AD, when the parts become available. Continued operation of the sailplane until parts become available is not allowed.

(2) If parts become available, prior to further flight, replace the airbrake control system as specified in paragraph (a) of this AD.

(c) 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.

(d) An alternative method of compliance or adjustment of the compliance time that provides an equivalent level of safety may be approved by the Manager, Small Airplane Directorate, 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.

(e) Questions or technical information related to S.N. Centrair Service Bulletin No. 101-16, Revision 2, dated September 10, 1997, should be directed to S.N. Centrair, Aerodrome, 36300 Le Blanc, France; telephone: 02.54.37.07.96; facsimile: 02.54.37.48.64. 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.

NOTE 3: The subject of this AD is addressed in French AD 95-261(A)R1, dated November 20, 1996

(f) The inspection required by this AD (if parts are not available) shall be done in accordance with S.N. Centrair Service Bulletin No. 101-16, Revision 2, dated September 10, 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 S.N. Centrair, Aerodrome, 36300 Le Blanc, France. 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.

(g) This amendment becomes effective on November 9, 1998.

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 Centrair 101 series sailplanes was published in the Federal Register as a notice of proposed rulemaking (NPRM) on June 9, 1998 (63 FR 31372). The NPRM proposed to require replacing the existing airbrake control system. Accomplishment of the proposed action as specified in the NPRM would be in accordance with the appropriate Centrair maintenance manual and FAA Advisory Circular (AC) 43.13-1A: Acceptable Methods, Techniques, and Practices-Aircraft Inspection and Repair.

The NPRM was the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the two comments received.

Comment Issue No. 1: Parts Availability
The commenter has a concern that the aircraft manufacturer will not provide the parts necessary to accomplish the actions of the proposed AD in a timely manner.

The FAA is currently working with the Direction G n rale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, and S.N. Centrair concerning the availability of replacement parts for all of the affected sailplanes. In the interim, the FAA has determined that repetitive inspections are authorized if parts have been ordered from the manufacturer, but are not available. The repetitive inspections will be required at intervals not to exceed 12 calendar months. If cracks are found, the owner/operator of the affected sailplane will need to either contact the FAA for an acceptable repair and incorporate this repair before further flight or wait for the parts to become available and install the replacement parts before further flight.

The final rule will reflect this alternative method to accomplishing the AD if parts are not available.

Comment Issue No. 2: Allow the option for repetitive inspections
The commenter suggests that the proposal allow for continued repetitive inspections of the airbrake control system provided no cracks are found, with the option of replacing the associated parts with parts of a new design that, when installed, would eliminate the repetitive inspection requirement. This is specified in S.N. Centrair Service Bulletin No. 101-16, Revision 2, dated September 10, 1997.

The FAA does not concur. The FAA s policy is to provide a corrective action, when available, that will eliminate the need for repetitive inspections. The FAA has determined that long-term operational safety will be better assured by design changes that remove the source of the problem, rather than by repetitive inspections or other special procedures. Since a design change exists for the airbrake control system that, when incorporated, would eliminate the need for repetitive inspections, no changes to the final rule are necessary as a result of this comment.

The only exception to this would be if parts were not available. As discussed in Comment Issue No. 1, the owner/operator could repetitively inspect every 12 calendar months provided parts have been ordered, are not available, and no cracks are found in the airbrake control system.

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 the addition of the provision for repetitively inspecting the airbrake control system if parts were not available and minor editorial corrections. The FAA has determined that this addition and 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
The compliance time of this AD is in calendar time instead of hours time-in-service (TIS). The average monthly usage of the affected sailplanes ranges throughout the fleet. For example, one owner may operate the sailplane 25 hours TIS in one week, while another operator may operate the sailplane 25 hours TIS in one year. In order to ensure that all of the owners/operators of the affected sailplanes have replaced the airbrake control system within a reasonable amount of time, the FAA is requiring replacement within the next 3 calendar months after the effective date of the AD, unless parts are not available. If parts were not available, the initial inspection would be required within this 3 calendar months time period with recurring inspections every 12 calendar months until the parts were available or cracks were found (where operation of the sailplane would no longer be required until repair or replacement).

Cost Impact
The FAA estimates that 41 sailplanes in the U.S. registry will be affected by this AD, that it will take approximately 4 workhours per sailplane to accomplish this action, and that the average labor rate is approximately $60 an hour. Parts cost approximately $100 per sailplane. Based on these figures, the total cost impact of this AD on U.S. operators is estimated to be $13,940, or $340 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".

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.

39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: