[Federal Register Volume 65, Number 201 (Tuesday, October 17, 2000)]
[Rules and Regulations]
[Pages 61262-61264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25553]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-01-AD; Amendment 39-11923; AD 2000-20-12]
RIN 2120-AA64


Airworthiness Directives; Aerotechnik s.r.o. Model L 13 SEH VIVAT 
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 Aerotechnik s.r.o. (Aerotechnik) Model L 13 SEH VIVAT 
sailplanes. This AD requires you to inspect the tail-fuselage hinge for 
strength requirements and damage, and also requires you to replace any 
hinge with damage or that does not meet strength requirements. This AD 
is the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for the Czech Republic. The 
actions specified by this 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: This AD becomes effective on November 27, 2000.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
November 27, 2000.

ADDRESSES: You may get the service information referenced in this 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 Federal Aviation Administration (FAA), Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 
2000-CE-01-AD, 901 Locust, Room 506, Kansas City,

[[Page 61263]]

Missouri 64106; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC 20001.

FOR FURTHER INFORMATION CONTACT: 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 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.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Aerotechnik Model L 13 SEH VIVAT 
sailplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on August 9, 2000 (65 FR 48646). 
The NPRM proposed to 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.
    Was the public invited to comment? Interested persons were 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

    What is FAA's Final Determination on this Issue? After careful 
review of all available information related to the subject presented 
above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed except for minor editorial 
corrections. We determined that these minor corrections:
    <bullet> Will not change the meaning of the AD; and
    <bullet> Will not add any additional burden upon the public than 
was already proposed.

Cost Impact

    How many sailplanes does this AD impact? We estimate that this AD 
affects 20 sailplanes in the U.S. registry.
    What is the cost impact of the inspection for the affected 
sailplanes on the U.S. Register? We estimate that it will take 
approximately 4 workhours per sailplane to accomplish the 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 inspection on 
U.S. operators to be $4,800, or $240 per sailplane.
    What is the cost impact of the replacement for the affected 
sailplanes on the U.S. Register? We estimate that it will take 
approximately 16 workhours per sailplane to accomplish the 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 replacement on U.S. operators to be $960 per 
sailplane.

Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    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 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, under 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. FAA amends Section 39.13 by adding a new AD to read as follows:

2000-20-12  Aerotechnik S.R.O.: Amendment 39-11923; 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:

------------------------------------------------------------------------
             Actions               Compliance times       Procedures
------------------------------------------------------------------------
(1) Inspect the tail-fuselage     Within the next 60  Follow the
 attachment fitting, part number   days after          procedures in the
 (P/N) A 102 021N, for damage      November 27, 2000   Aerotechnik
 and material hardness.            (the effective      Service Bulletin
                                   date of this AD).   SEH 13-005a,
                                                       dated November
                                                       18, 1999.
(2) If the tail-fuselage          Before further      You must notify
 attachment fitting is damaged     flight after the    Aerotechnik and
 or the material does not meet     inspection.         request they send
 the hardness requirements                             the replacement
 specified in the service                              part with
 bulletin, you must replace the                        installation
 tail-fuselage attachment                              instructions.
 fitting.

[[Page 61264]]

 
(3) Do not install, on any        As of November 27,  Inspect any
 sailplane, a P/N A 102 021N       2000 (the           attachment
 attachment fitting that has not   effective date of   fitting in
 passed the inspection             this AD.            accordance with
 requirements specified in                             the previously
 paragraph (d)(1) of this AD.                          referenced
                                                       service bulletin.
------------------------------------------------------------------------

    (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 1: 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. 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.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Mike Kiesov, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; 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 
sections 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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Aerotechnik CZ Service Bulletin SEH 13-005a, dated November 18, 
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 Aerotechnikcz s.r.o., 686 04 Kunovic, Czech 
Republic; telephone: +420 632 537 111; facsimile: +420 632 537 900. 
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 20001.
    (i) When does this amendment become effective? This amendment 
becomes effective on November 27, 2000.

    Note 2: The subject of this AD is addressed in Czech Republic AD 
Number CAA-AD-T-112/1999, dated November 18, 1999.


    Issued in Kansas City, Missouri, on September 28, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-25553 Filed 10-16-00; 8:45 am]
BILLING CODE 4910-13-P