[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] ======================================================================= ----------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 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