[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Rules and Regulations]
[Pages 22499-22501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10831]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 91-CE-40-AD; Amendment 39-9216; AD 95-09-12]


Airworthiness Directives; Alexander Schleicher Models ASW-12, 
ASW-15, ASW-15B, and ASW-17 Gliders

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 88-11-
05, which currently requires repetitively inspecting the wing spar of 
Alexander Schleicher Models ASW-15 and ASW-15B gliders for wood rot, 
and replacing any wing spar where wood rot is found. Alexander 
Schleicher Models ASW-12 and ASW-17 gliders are of a similar type 
design to Models ASW-15 and ASW-15B gliders, and the Federal Aviation 
Administration (FAA), in working with the Civil Aviation Authority of 
Germany, has decided that the actions referenced in AD 88-11-05 should 
also apply to Models ASW-12 and ASW-17 gliders. The actions specified 
by this AD are intended to prevent failure of the wing spar caused 
[[Page 22500]] by wood rot, which, if not detected and corrected, could 
result in loss of control of the airplane.

DATES: Effective June 9, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 9, 1995.

ADDRESSES: Service information that applies to this AD may be obtained 
from Alexander Schleicher GmbH & Company, D-36163, Popppenhausen-
Wasserkuppe, Germany; or Eastern Sailplane, Heath Stage Route Shelburne 
Falls, Massachusetts 01370; telephone (413) 625-6059. This information 
may also be examined at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Herman Belderok, Project Officer, 
Gliders, Small Airplane Directorate, Aircraft Certification Service, 
FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone 
(816) 426-6932; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that would apply 
to certain Alexander Schleicher Models ASW-12, ASW-15, ASW-15B, and 
ASW-17 gliders was published in the Federal Register on December 19, 
1994 (59 FR 65282). The action proposed to supersede AD 88-11-05, 
Amendment 39-5997, with a new AD that would (1) retain the requirement 
of repetitively inspecting the wing spar for wood rot on the Models 
ASW-15 and ASW-15B gliders, and replacing the wing spar if wood rot is 
found; and (2) extend these repetitive inspections and possible 
replacement to Models ASW-12 and ASW-17 gliders. Accomplishment of the 
proposed inspections would be in accordance with either Alexander 
Schleicher ASW-15 Technical Note (TN) No. 23, dated April 21, 1988; 
Alexander Schleicher ASW-12 TN No. 4, dated May 10, 1989; or Alexander 
Schleicher ASW-17 TN No. 12, dated May 8, 1989, as applicable.
    Interested persons have been 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.
    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 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD or add any additional 
burden upon the public than was already proposed.
    The compliance time presented in this AD is based upon calendar 
time instead of hours time-in-service. Rotting of the wood wing box 
spar is caused by moisture and the condition could exist or develop 
regardless of whether the glider is in actual operation. For this 
reason, the FAA has determined that the compliance time of the required 
AD action should be in calendar time.
    The FAA estimates that 50 gliders (7 ASW-12's, 27 ASW-15's, 6 ASW-
15B's, and 10 ASW-17's) in the U.S. registry will be affected by this 
AD, that it will take approximately 6 workhours per glider to 
accomplish the required action, and that the average labor rate is 
approximately $60 an hour. Parts cost approximately $110 per glider, 
and the required core analysis costs $185. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$32,750. This figure is based upon the assumption that no affected 
glider owner/operator has accomplished the proposed inspection, nor 
does it account for repetitive inspections. The FAA has no way of 
determining the number of repetitive inspections an owner/operator may 
incur.
    In addition, AD 88-11-05 currently mandates the same actions that 
are required by this final rule AD on 33 gliders. With this in mind, 
the cost impact of the AD upon U.S. operators is reduced $21,615 from 
$32,750 to $11,135.
    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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing AD 88-11-05, Amendment 39-
5997, and by adding a new AD to read as follows:

95-09-12  Alexander Schleicher: Amendment 39-9216; Docket No. 91-CE-
40-AD.

    Applicability: Models ASW-12, ASW-15, ASW-15B, and ASW-17 
gliders (all serial numbers), certificated in any category.

    Note 1: This AD applies to each glider 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 gliders that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (g) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition, or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any glider from the applicability of this AD.

    Compliance: Required initially as follows, and thereafter as 
indicated in the body of this AD:
    1. For Models ASW-12 and ASW-17: Within the next 6 calendar 
months after the effective date of this AD, unless already 
accomplished.
    2. For Models ASW-15 and ASW-15B: On or before the last day of 
the 12th calendar month after the last inspection required by AD 88-
11-05, Amendment 39-5997.
    To prevent failure of the wing spar caused by wood rot, which, 
if not detected and [[Page 22501]] corrected, could result in loss 
of control of the glider, accomplish the following:
    (a) Visually inspect the wing spar for wood rot in accordance 
with either Action Paragraphs 1.1 through 1.3 of Alexander 
Schleicher ASW-12 Technical Note (TN) No. 4, dated May 10, 1989; 
Action Paragraphs 1.1, 1.2, and 2.1 of Alexander Schleicher ASW-15 
TN No. 23, dated April 21, 1988; or Action Paragraphs 1.1 and 1.2 of 
Alexander Schleicher ASW-17 TN No. 12, dated May 8, 1989, as 
applicable.
    (b) Mark and send wood cores obtained through the inspection 
specified in paragraph (a) of this AD to a mycology laboratory for 
microscopical inspection to detect heavy wood destroying fungal 
infestation in accordance with either Action Paragraph 1.3 of 
Alexander Schleicher ASW-12 TN No. 4, dated May 10, 1989; Action 
Paragraph 2.1 of Alexander Schleicher ASW-15 TN No. 23, dated April 
21, 1988; or Action Paragraph 1.2 of Alexander Schleicher ASW-17 TN 
No. 12, dated May 8, 1989, as applicable.
    (c) If moisture damage, swelling, evidence that water has 
penetrated into the spar fork, or fungal infestation is found, prior 
to further flight after the inspection required by paragraph (a) of 
this AD, accomplish the following:
    (1) Wait for the results of the microscopical examination and 
then obtain a repair scheme from the manufacturer through the 
Manager, Small Airplane Directorate, at the address specified in 
paragraph (g) of this AD, and incorporate this repair scheme.
    (2) Apply preservative, strengthen the inspection hole area, and 
close the hole in accordance with either Action Paragraph 1.4 of 
Alexander Schleicher ASW-12 TN No. 4, dated May 10, 1989; Action 
Paragraph 2.2 of Alexander Schleicher ASW-15 TN No. 23, dated April 
21, 1988; or Action Paragraph 1.3 of Alexander Schleicher ASW-17 TN 
No. 12, dated May 8, 1989, as applicable.
    (d) If no moisture damage, swelling, evidence that water has 
penetrated into the spar fork, or fungal infestation is found, 
accomplish the following:
    (1) Prior to further flight after the inspection required by 
paragraph (a) of this AD, apply preservative, strengthen the 
inspection hole area, and close the hole in accordance with either 
Action Paragraph 1.4 of Alexander Schleicher ASW-12 TN No. 4, dated 
May 10, 1989; Action Paragraph 2.2 of Alexander Schleicher ASW-15 TN 
No. 23, dated April 21, 1988; or Action Paragraph 1.3 of Alexander 
Schleicher ASW-17 TN No. 12, dated May 8, 1989, as applicable.
    (2) Operation of the glider during the microscopical examination 
of the wood core is permitted. However, if these examination results 
reveal heavy wood destroying fungal infestation, prior to further 
flight after receiving the results, obtain a repair scheme from the 
manufacturer through the Manager, Small Airplane Directorate, at the 
address specified in paragraph (g) of this AD, and incorporate this 
repair scheme.
    (e) The inspection requirements specified in paragraphs (a) 
through (c) of this AD, excluding the wood core microscopical 
examination requirements, shall be accomplished annually on or 
before the last day of the 12th calendar month after the last 
inspection.
    (f) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the glider to a location where the 
requirements of this AD can be accomplished.
    (g) 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, Aircraft Certification Service, 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.

    (h) The inspections required by this AD shall be done in 
accordance with either Alexander Schleicher ASW-12 Technical Note 
No. 4, dated May 10, 1989; Alexander Schleicher ASW-15 Technical 
Note No. 23, dated April 21, 1988; or Alexander Schleicher ASW-17 
Technical Note No. 12, dated May 8, 1989, as applicable. 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 Alexander Schleicher GmbH & Company, 
D-36163, Popppenhausen-Wasserkuppe, Germany; or Eastern Sailplane, 
Heath Stage Route Shelburne Falls, Massachusetts 01370. Copies may 
be inspected at the FAA, Central Region, Office of the Assistant 
Chief 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.
    (i) This amendment (39-9216) supersedes AD 88-11-05, Amendment 
39-5997.
    (j) This amendment (39-9216) becomes effective on June 9, 1995.

    Issued in Kansas City, Missouri, on April 26, 1995.
Henry Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-10831 Filed 5-5-95; 8:45 am]
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