[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Proposed Rules]
[Pages 16163-16165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8581]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-04-AD]
RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher Segelflugzeugbau 
Model AS-K13 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 certain Alexander Schleicher Segelflugzeugbau 
(Alexander Schleicher) Model AS-K13 sailplanes. The proposed AD would 
require inspecting the main spar fitting for excessive tolerance, 
traces, movement, etc., and repairing the main spar fitting if any of 
the above conditions exist. The proposed AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Germany. The actions specified by the proposed AD are 
intended to prevent failure of the main spar caused by excessive 
movement of the main spar fitting, which could result in loss of 
control of the sailplane.

DATES: Comments must be received on or before May 8, 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-04-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 Alexander Schleicher Segelflugzeugbau, 6416 Poppenhausen, 
Wasserkuppe, Federal Republic of Germany. This information also may be 
examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. J. Mike Kiesov, Project Officer, 
FAA, Small Airplane Directorate, Aircraft Certification Service, 1201 
Walnut, suite 900, Kansas City, Missouri 64106; telephone: (816) 426-
6932; 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

[[Page 16164]]

postcard on which the following statement is made: ``Comments to Docket 
No. 98-CE-04-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-04-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on certain Alexander Schleicher Model AS-K13 sailplanes. The LBA 
reports three incidents of excessive play between the main fitting and 
spar. Investigation of these sailplanes reveal traces in the main spar 
fitting, which reveal that the excessive movement has occurred in the 
fitting and end spar. These traces look like cracks in the varnish 
between the metal and wood.
    These conditions, if not corrected in a timely manner, could result 
in possible failure of the main spar with consequent loss of control of 
the sailplane.

Relevant Service Information

    Sportflugzeugbau JUBI GmbH has issued AS-K13 Service Bulletin No. 
13, dated December 19, 1990, which specifies procedures for inspecting 
the main spar fitting for excessive tolerance, traces, movement, etc. 
This service bulletin also specifies repairing the main spar fitting if 
any of the above conditions exist in accordance with an approved repair 
scheme.
    The LBA classified this service bulletin as mandatory and issued 
German AD 91-144, dated July 31, 1991, in order to assure the continued 
airworthiness of these sailplanes in Germany.

The FAA's Determination

    This sailplane model is manufactured in Germany and is 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 has examined the findings of the LBA; 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 Alexander Schleicher Model AS-K13 sailplanes 
of the same type design registered in the United States, the FAA is 
proposing AD action. The proposed AD would require inspecting the main 
spar fitting for excessive tolerance, traces, movement, etc., and 
repairing the main fitting if any of the above conditions exist. 
Accomplishment of the proposed inspection would be required in 
accordance with Sportflugzeugbau JUBI GmbH AS-K13 Service Bulletin No. 
13, dated December 19, 1990. Accomplishment of the repair, if 
necessary, would be required in accordance with a repair scheme 
approved by the FAA.

Compliance Time of the Proposed AD

    Although the problems identified with the main spar fitting would 
only be unsafe during flight, this condition is not a result of the 
number of times the sailplane is operated. The chance of this situation 
occurring is the same for a sailplane with 10 hours time-in-service 
(TIS) as it is for a sailplane with 500 hours TIS. For this reason, the 
FAA has determined that a compliance based on calendar time should be 
utilized in the proposed AD in order to assure that the unsafe 
condition is addressed on all gliders in a reasonable time period.

Cost Impact

    The FAA estimates that 2 sailplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 5 
workhours per sailplane to accomplish the proposed inspection, and that 
the average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the proposed inspection on U.S. 
operators is estimated to be $600, or $300 per sailplane.

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.

Sec. 39.13  [Amended]

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

    Alexander Schleicher Segelflugzeugbau: Docket No. 98-CE-04-AD.

    Applicability: Model AS-K13 sailplanes, serial numbers 13618 
through 13689 (with or without an A.B. suffix), 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.

[[Page 16165]]

    To prevent failure of the main spar caused by excessive movement 
of the main spar fitting, which could result in loss of control of 
the sailplane, accomplish the following:
    (a) Within the next 6 calendar months after the effective date 
of this AD, inspect the main spar fitting for excessive tolerance, 
traces, movement, etc., in accordance with Sportflugzeugbau JUBI 
GmbH AS-K13 Service Bulletin No. 13, dated December 19, 1990.
    (b) If any excessive tolerance, traces, movement, etc., is found 
in the area of the main spar fitting during the 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 in accordance with 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 
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 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 
Sportflugzeugbau JUBI GmbH AS-K13 Service Bulletin No. 13, dated 
December 19, 1990, should be directed to Alexander Schleicher 
Segelflugzeugbau, 6416 Poppenhausen, Wasserkuppe, Federal Republic 
of Germany. 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 3: The subject of this AD is addressed in German AD 91-144, 
dated July 31, 1991.

    Issued in Kansas City, Missouri, on March 25, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-8581 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-13-U