38126 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rules

Issued in Renton, Washington, on July 8,

1998.

S. R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–18775 Filed 7–14–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–67–AD]

RIN 2120–AA64

Airworthiness Directives; Slingsby

Sailplanes Ltd., Models Dart T.51, Dart

T.51/17, and Dart T.51/17R Sailplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to all Slingsby

Sailplanes Ltd. (Slingsby) Models Dart

T.51, Dart T.51/17, and Dart T.51/17R

sailplanes that are equipped with

aluminum alloy spar booms. The

proposed AD would require repetitively

inspecting the aluminum alloy spar

booms and the wing attach fittings for

delamination or corrosion damage, and

repairing any delamination or corrosion

damage found. The proposed AD is the

result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

the United Kingdom. The actions

specified by the proposed AD are

intended to prevent failure of the spar

assembly and adjoining structure caused

by delamination or corrosion damage to

the aluminum alloy spar booms or the

wing attach fittings, which could result

in reduced controllability or loss of

control of the sailplane.

DATES: Comments must be received on

or before August 14, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–67–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Slingsby Aviation Ltd., Kirbymoorside,

York Y06 6EZ England; telephone:

+44(0)1751 432474; facsimile:

+44(0)1751 431173. This information

also may be examined at the Rules

Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Mike Kiesov, Aerospace Engineer, Small

Airplane Directorate, Aircraft

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone: (816) 426–6934;

facsimile: (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–CE–67–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 98–CE–67–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, notified the FAA

that an unsafe condition may exist on

Slingsby Models Dart T.51, Dart T.51/

17, and Dart T.51/17R sailplanes that

are equipped with aluminum alloy spar

booms. The CAA reports an incident of

glue joint failure on a starboard wing

caused by water entering the area of the

airbrake box. Investigation of this

incident revealed delamination and

corrosion in the area of the aluminum

alloy spar booms and the wing attach

fittings.

These conditions, if not detected and

corrected, could result in failure of the

spar assembly and adjoining structure

with possible reduced controllability or

loss of control of the sailplane.

Relevant Service Information

Slingsby has issued Technical

Instruction (TI) No. 109/T51, Issue No.

2, dated October 7, 1997, which

specifies procedures for inspecting the

aluminum alloy spar booms and the

wing attach fittings for delamination or

corrosion damage.

The CAA classified this service

bulletin as mandatory and issued British

AD 005–09–97, dated October 3, 1997,

in order to assure the continued

airworthiness of these sailplanes in the

United Kingdom.

The FAA’s Determination

These sailplane models are

manufactured in the United Kingdom

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 CAA has

kept the FAA informed of the situation

described above.

The FAA has examined the findings

of the CAA; reviewed all available

information, including the service

information referenced above; and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Slingsby Models Dart

T.51, Dart T.51/17, and Dart T.51/17R

sailplanes equipped with aluminum

alloy spar booms of the same type

design registered in the United States,

the FAA is proposing AD action. The

proposed AD would require repetitively

inspecting the aluminum alloy spar

booms and the wing attach fittings for

delamination or corrosion damage, and

repairing any delamination or corrosion

damage found. Accomplishment of the

proposed inspection would be in

accordance with Slingsby TI No. 109/

T51, Issue No. 2, dated October 7, 1997.
Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rules 38127

Compliance Time of the Proposed AD

The unsafe condition specified by the

proposed AD is caused by corrosion.

Corrosion can occur regardless of

whether the aircraft is in operation or is

in storage. Therefore, to assure that the

unsafe condition specified in the

proposed AD does not go undetected for

a long period of time, the compliance is

presented in calendar time instead of

hours time-in-service (TIS).

Differences Between the British AD, the

Technical Instruction, and This

Proposed AD

Both Slingsby TI No. 109/T51, Issue

No. 2, dated October 7, 1997, and

British AD 005–09–97, dated October 3,

1997, specify the initial inspection prior

to further flight.

The FAA does not have justification

through its regulatory process to require

the initial inspection prior to further

flight. To assure that no affected

sailplanes are inadvertently grounded,

the FAA is proposing a compliance time

of 6 calendar months for the initial

inspection.

Cost Impact

The FAA estimates that 3 sailplanes

in the U.S. registry would be affected by

the proposed AD, that it would take

approximately 40 workhours per

sailplane to accomplish the proposed

initial inspection, and that the average

labor rate is approximately $60 an hour.

Based on these figures, the total cost

impact of the initial inspection specified

in this proposed AD on U.S. operators

is estimated to be $7,200, or $2,400 per

sailplane.

These figures only take into account

the costs of the proposed initial

inspection and do not take into account

the costs of repetitive inspections and

the costs associated with any repair that

would be necessary if corrosion or

delamination damage is found. The

FAA has no way of determining the

number of repetitive inspections an

owner/operator will incur over the life

of the sailplane, or the number of

sailplanes that will need repairs.

Regulatory Impact

The regulations proposed herein

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. Therefore,

in accordance with Executive Order

12612, it is determined that this

proposal would 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) if

promulgated, 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 draft

regulatory evaluation prepared for this

action has been placed 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration 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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

Slingsby Sailplanes Ltd.: Docket No. 98–CE–

67–AD.

Applicability: Models Dart T.51, Dart T.51/

17, and Dart T.51/17R sailplanes, all serial

numbers, certificated in any category, that are

equipped with aluminum alloy spar booms.

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 failure of the spar assembly and

adjoining structure caused by delamination

or corrosion damage to the aluminum alloy

spar booms or the wing attach fittings, which

could result in reduced controllability or loss

of control of the sailplane, accomplish the

following:

(a) Within the next 6 calendar months after

the effective date of this AD and thereafter at

intervals not to exceed 5 years, inspect the

aluminum alloy spar booms and the wing

attach fittings for delamination or corrosion

damage. Accomplish this inspection in

accordance with Slingsby Technical

Instruction (TI) No. 109/T51, Issue No. 2,

dated October 7, 1997.

Note 2: Slingsby TI No. 109/T51, Issue No.

2, dated October 7, 1997, includes guidance

to determine whether an affected sailplane is

equipped with aluminum alloy spar booms.

(b) If any corrosion or delamination

damage is found during any inspection

required by paragraph (a) of this AD, prior to

further flight, accomplish the following:

(1) Obtain a repair scheme from the

manufacturer through the FAA, Small

Airplane Directorate, at the address specified

in paragraph (d) of this AD; and

(2) Incorporate this scheme and continue to

repetitively inspect as required by paragraph

(a) of this AD, unless specified differently in

the instructions to the repair scheme.

(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 initial or repetitive

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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from Small Airplane Directorate.

(e) Questions or technical information

related to Slingsby Technical Instruction No.

109/T51, Issue No. 2, dated October 7, 1997

should be directed to Slingsby Aviation Ltd.,

Kirbymoorside, York Y06 6EZ England;

telephone: +44(0)1751 432474; facsimile:

+44(0)1751 431173. 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.

Note 4: The subject of this AD is addressed

in British AD 005–09–97, dated October 3,

1997.
38128 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rules

Issued in Kansas City, Missouri, on July 8,

1998.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–18869 Filed 7–14–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 234, 241, 250, 298, and

374a

[Docket No. OST–98–4043; Notice No. 98–

18]

RIN 2105–AC71

Aviation Data Requirements Review

and Modernization Program

AGENCY: Office of the Secretary, DOT.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Department on its own

initiative is requesting public comments

from reporting carriers and aviation data

users on the nature, scope, source, and

means for collecting, processing, and

distributing airline traffic, fare, and

financial data. Specifically, the

Department is inviting comments on

whether existing airline traffic, fare, and

financial data should be amended,

supplemented, or replaced; whether

selected forms and reports should be

retained, modified, or eliminated;

whether the Department should require

all aviation data to be filed

electronically; and how the aviation

data system should be reengineered to

enhance efficiency and to reduce costs

for both the Department and the airline

industry.

It is the Department’s preliminary

position that its current aviation data

systems may not provide sufficiently

reliable data in some areas to ensure

that the Department can fully meet its

regulatory and statutory responsibilities,

and that its aviation data requirements

should be reviewed and modernized.

The Department may engage one or

more contractors to assist it in its

aviation data requirements assessment

and in the reengineering of the

Department’s aviation data systems.

DATES: Comments must be submitted on

or before September 14, 1998. Reply

comments must be submitted on or

before October 13, 1998.

ADDRESSES: Comments are to be filed in

Room PL–401, Docket OST–98–4043,

U.S. Department of Transportation, 400

7th Street, S.W., Washington, D.C.

20590. Late filed comments will be

considered to the extent practical. To

facilitate consideration of comments,

each respondent should file six copies

of its comments.

FOR FURTHER INFORMATION CONTACT:

Regis P. Milan, Office of Aviation

Analysis, (202) 366–2344, or David B.

Richards, Office of International

Aviation, (202) 366–2432; 400 7th

Street, S.W., Washington, D.C. 20590.

SUPPLEMENTARY INFORMATION:

Background

Public Law 98–443 requires the

Department of Transportation, under the

authority of the Secretary of

Transportation (49 U.S.C. 329(b)(1)), to

collect and disseminate information on

civil aeronautics, other than that

collected and disseminated by the

National Transportation Safety Board. In

meeting this responsibility, the

Department collects traffic and financial

data submitted under 14 CFR Part 241

(Uniform System of Accounts for Large

Certificated Air Carriers) and traffic data

submitted under 14 CFR Part 298

(Exemptions for Air Taxi and Commuter

Air Carriers). The Department also

collects certain traffic data from foreign

air carriers for flights to or from the U.S.

under 14 CFR Part 217 and Section 25

of 14 CFR Part 241. The Department

collects service quality data from U.S.

carriers submitted under 14 CFR Part

234 (Airline Service Quality

Performance Reports), and under 14

CFR 250 it collects information on

passengers denied boarding. In addition,

under Part 374a, airlines are required to

report information on any extensions of

credit for air transportation services

provided to federal political candidates.

The Department uses these data in a

variety of ways, including monitoring

the fitness of individual carriers and the

economic health of the airline industry,

assessing the competitiveness of

aviation markets, providing consumers

with data to make decisions on air

travel, providing data for forecasting

traffic and for airport funding and traffic

control purposes, and providing the

basis for policy decisions on aviation

matters, including international aviation

negotiations.

The Department maintains two large

traffic data bases, one for domestic and

international passenger origindestination movements, including ticket

price and itinerary, which are submitted

by U.S. carriers only (Section 19–7 of

Part 241, the Passenger OriginDestination Survey), and another for

aircraft flight data submitted by U.S.

and foreign air carriers (Section 25 of

Part 241 and Part 217, the T–100 and T–

100(f) segment and on-flight market

reports).

The Department collects Form 41

data, which consist of comprehensive

financial and traffic data reported by

large and small air carriers. Form 41

also includes fuel cost and consumption

and aircraft fleet inventory data.

The Department requires air taxi and

commuter carriers to report limited

traffic and market data on Form 298C.

The Department also collects data on

oversales/denied boardings, air service

quality performance, and extensions of

credit by airlines to federal political

candidates.

The Department’s aviation databases

are used by a number of federal

departments and agencies, Congress,

state and local authorities, airlines,

airports, manufacturers, industry

associations, consultants, academics,

researchers, financial analysts,

investors, and the general public.

For the most part, the data collected

by the Department are based upon

regulatory requirements designed for an

economic environment that has evolved

significantly since enactment of the

Airline Deregulation Act in 1978. Many

changes in the airline industry have

taken place since these data reporting

systems were established. Nearly all

domestic air carriers now operate huband-spoke systems, have extensive

code-sharing and other marketing

agreements with other carriers, offer

frequent flyer programs, provide

ticketless travel, and use integrated

computer reservation systems. This

environment represents a marked

change from the linear, point-to-point

systems in place 20 years ago, when the

domestic airline industry was

deregulated. Internationally, the last few

years have seen the development of

global, multi-national carrier alliances

and an increasing number of open-skies

and liberalized-entry agreements with

other nations.

Along with these changes, the needs

of the Department and other aviation

data users have evolved and expanded,

while the collected data and associated

processing systems have changed

slowly. However, the Department has

significantly reduced the reporting

burden on the industry by eliminating

some Form 41 schedules and line items

over the last 20 years. Nonetheless, the

Department intends to reexamine

whether all data items that we now

collect remain relevant to today’s

economic and regulatory environment.

Request for Comments

We are issuing this advance notice of

proposed rulemaking to invite

comments on whether traffic, fare, and