AD 2013-09-09

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28723-28725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-10794]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0220; Directorate Identifier 2013-CE-002-AD; 
Amendment 39-17451; AD 2013-09-09]
RIN 2120-AA64


Airworthiness Directives; Slingsby Sailplanes Ltd. Sailplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for all Slingsby Sailplanes Ltd. Models Dart T.51, Dart T.51/17, and 
Dart T.51/17R sailplanes equipped with aluminum alloy spar booms. This 
AD results from mandatory continuing airworthiness information (MCAI) 
issued by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as an incident of glue joint failure on a 
starboard wing caused by water entering the area of the airbrake box 
that resulted in delamination and corrosion in the area of the aluminum 
alloy spar booms and the wing attach fittings. We are issuing this AD 
to require actions to address the unsafe condition on these products.

DATES: This AD is effective June 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 20, 
2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 14, 1998 (63 FR 58624, November 2, 1998).

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the Docket Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.
    For service information identified in this AD, contact Slingsby 
Advanced Composites Ltd., Ings Lane, Kirkbymoorside, North Yorkshire, 
England YO62 6EZ; telephone: +44(0)1751 432474; Internet: None. You may 
review copies of the referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call (816) 
329-4148.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#bdd7d4d093cfc8c9d5d8cfdbd2cfd9fddbdcdc93dad2cb"><span class="__cf_email__" data-cfemail="6e040703401c1b1a060b1c08011c0a2e080f0f40090118">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 6, 2013 (78 FR 
14467), and proposed to supersede AD 98-22-15, Amendment 39-10863 (63 
FR 58624, November 2, 1998).
    Since we issued AD 98-22-15, Amendment 39-10863 (63 FR 58624, 
November 2, 1998), Slingsby Aviation Ltd. has revised the related 
service information to remove the 5-year repetitive ``cutout'' 
inspection and to add a repetitive annual inspection using an 
endoscope. The endoscope inspection method would be done using existing 
drain holes in the lower wing skin.
    Using revised service information is mandatory within the United 
Kingdom airworthiness system. It is not necessary for the Civil 
Aviation Authority (CAA), which is the aviation authority for the 
United Kingdom, to issue an AD to mandate the use of new service 
information.
    AD action is the only way the FAA can mandate the use of new 
service information; however, owners/operators may request approval 
from the FAA to use an alternative method of compliance (AMOC).
    Several U.S. operators have complained that the repetitive 5-year 
``cutout'' inspection in the wooden wing skin, currently required by AD 
98-22-15, Amendment 39-10863 (63 FR 58624, November 2, 1998), was by 
default growing larger and larger with each inspection.
    We have determined that the current 5-year repetitive ``cutout'' 
inspections will eventually weaken the wing structure and could result 
in an unsafe condition. We concur with the change to the annual 
endoscope inspection.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received. John Wells, Michael 
Hoke, Chad Croix Wille, and one anonymous commenter support the NPRM 
(78 FR 14467, March 6, 2013).

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 14467, March 6, 2013) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 14467, March 6, 2013).

Costs of Compliance

    We estimate that this AD will affect 10 products of U.S. registry. 
We also estimate that it will take about 40 work-hours per product to 
comply with the initial inspection requirement retained from AD 98-22-
15, Amendment 39-10863 (63 FR 58624, November 2, 1998) in this AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the initial 
inspection required in this AD on U.S. operators to be $34,000, or 
$3,400 per product.
    We also estimate that it will take about 2 work-hours per product 
to comply with the new repetitive inspection requirement in this AD. 
The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the new repetitive 
inspection required in this AD on U.S. operators to be $1,700, or $170 
per product.
    We have 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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of

[[Page 28724]]

the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes 
in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM (78 FR 14467, March 6, 2013), 
the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Office (telephone (800) 
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

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 FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-10863 (63 FR 
58624, November 2, 1998), and adding the following new AD:

2013-09-09 Slingsby Sailplanes Ltd.: Amendment 39-17451; Docket No. 
FAA-2013-0220; Directorate Identifier 2013-CE-002-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 20, 
2013.

(b) Affected ADs

    This AD supersedes AD 98-22-15, Amendment 39-10863 (63 FR 58624, 
November 2, 1998).

(c) Applicability

    This AD applies to Slingsby Sailplanes Ltd. Models Dart T.51, 
Dart T.51/17, and Dart T.51/17R sailplanes, all serial numbers, that 
are:
    (1) Equipped with aluminum alloy spar booms; and
    (2) certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wing.

(e) Reason

    This AD was prompted by an incident of glue joint failure on a 
starboard wing caused by water entering the area of the airbrake box 
that resulted in delamination and corrosion in the area of the 
aluminum alloy spar booms and the wing attach fittings. The 
manufacturer has also issued revised service information that 
changes the repetitive inspection interval and method. We are 
issuing this AD to prevent failure of the spar assembly and 
adjoining structure, which could result in reduced controllability 
or complete loss of control.

(f) Actions and Compliance Retained From AD 98-22-15, Amendment 39-
10863 (63 FR 58624, November 2, 1998)

    Unless already done, do the following actions specified in 
paragraphs (f)(1) and (f)(2) of this AD:
    (1) Within the next 6 calendar months after December 14, 1998 
(the effective date retained from AD 98-22-15, Amendment 39-10863 
(63 FR 58624, November 2, 1998)), inspect the aluminum alloy spar 
booms and the wing attach fittings for delamination or corrosion 
damage following the ACTION section of Slingsby Aviation Ltd. 
Technical Instruction T.I. No. 109/T51, Issue No. 2, dated October 
7, 1997, or the ACTION section of Slingsby Aviation Ltd. Technical 
Instruction T.I. No. 109/T51, Issue 3, dated August 21, 2000.

    Note 1 to paragraph (f)(1) of this AD:  Slingsby Aviation Ltd. 
Technical Instruction T.I. No. 109/T51, Issue No. 2, dated October 
7, 1997, and T.I. No. 109/T51, Issue 3, dated August 21, 2000, 
include guidance to determine whether an affected sailplane is 
equipped with aluminum alloy spar booms.

    (2) If any corrosion or delamination damage is found during the 
inspection required by paragraph (f)(1) of this AD, before further 
flight, contact the manufacturer at the address specified in 
paragraph (j)(5) of this AD to obtain an FAA-approved repair scheme 
and incorporate the repair.

(g) New Actions and Compliance

    Unless already done, do the following actions specified in 
paragraphs (g)(1) and (g)(2) of this AD:
    (1) Within 5 years after the last inspection required by AD 98-
22-15, Amendment 39-10863 (63 FR 58624, November 2, 1998) and 
repetitively thereafter at intervals not to exceed 12 months, using 
an endoscope, inspect the aluminum alloy spar booms and the wing 
attach fittings for delamination or corrosion damage following 
paragraph 11 of the ACTION section of Slingsby Aviation Ltd. 
Technical Instruction T.I. No. 109/T51, Issue 3, dated August 21, 
2000.
    (2) If any corrosion or delamination damage is found during any 
inspection required by paragraph (g)(1) of this AD, before further 
flight, contact the manufacturer at the address specified in 
paragraph (j)(5) of this AD to obtain an FAA-approved repair scheme 
and incorporate the repair.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#c6acafabe8b4b3b2aea3b4a0a9b4a286a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="bcd6d5d192cec9c8d4d9cedad3ced8fcdadddd92dbd3ca">[email&#160;protected]</span></a>. Before using any approved AMOC on any 
sailplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for

[[Page 28725]]

failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection 
of information displays a current valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 5 minutes per response, including the time for 
reviewing instructions, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Comments concerning the accuracy of this burden and 
suggestions for reducing the burden should be directed to the FAA 
at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(i) Related Information

    Refer to Civil Aviation Authority (CAA) AD British AD 005-09-97, 
dated October 3, 1997, for related information.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
June 20, 2013.
    (i) Slingsby Aviation Ltd. Technical Instruction T.I. No. 109/
T51, Issue 3, dated August 21, 2000.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
December 14, 1998 (63 FR 58624, November 2, 1998).
    (i) Slingsby Aviation Ltd. Technical Instruction T.I. No. 109/
T51, Issue No. 2, dated October 7, 1997.
    (ii) Reserved.
    (5) For Slingsby Sailplanes Ltd. service information identified 
in this AD, contact Slingsby Advanced Composites Ltd., Ings Lane, 
Kirkbymoorside, North Yorkshire, England YO62 6EZ; telephone: 
+44(0)1751 432474; Internet: none.
    (6) You may view this service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>

    Issued in Kansas City, Missouri, on April 30, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-10794 Filed 5-15-13; 8:45 am]
BILLING CODE 4910-13-P