Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2022-0293; Project Identifier MCAI-2021-01125-G]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

The FAA proposes to supersede Airworthiness Directive (AD) 75-23-03, which applies to all Alexander Schleicher GmbH & Co. Segelflugzeugbau (Alexander Schleicher) Model Ka2B, Ka 6, Ka 6 B, Ka 6 BR, Ka 6 C, Ka 6 CR, K 7, K 8, and AS-K 13 gliders. AD 75-23-03 requires visually inspecting the glue joint between the elevator nose rib number 1 and the nose plywood skin and replacing the glue joint if insufficient glue adhesion is found. Since the FAA issued AD 75-23-03, the European Union Aviation Safety Agency (EASA) superseded prior EASA ADs for the unsafe condition on these products. This proposed AD would add the Model K 8 B gliders to the applicability and would require repetitively inspecting the glue joint at elevator rib number 1 and repairing any damage found. The FAA is proposing this AD to address the unsafe condition on these products.

# DATES:

The FAA must receive comments on this proposed AD by May 12, 2022.

# ADDRESSES:

You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          https://www.regulations.gov . Follow the instructions for submitting comments.                    
      -  Fax:                          (202) 493-2251.                    
      -  Mail:                          U.S. Department of Transportation, Docket Operations,M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.                    
      -  Hand Delivery:                          Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.                    

                        For service information identified in this NPRM, contact Alexander Schleicher GmbH & Co. Segelflugzeugbau, Alexander-Schleicher-Str. 1, Poppenhausen, Germany D-36163; phone: +49 (0) 06658 89-0; email:                         *info@alexander-schleicher.de*; website:                         *https://www.alexander-schleicher.de*. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222-5110.                    

## Examining the AD Docket

                    You may examine the AD docket at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2022-0293; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the MCAI, any comments received, and other information. The street address for Docket Operations is listed above.                

# FOR FURTHER INFORMATION CONTACT:

                        Jim Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-4165; email:                         *jim.rutherford@faa.gov*.                    

# SUPPLEMENTARY INFORMATION:

## Comments Invited

                    The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under                     **ADDRESSES**                    . Include “Docket No. FAA-2022-0293; Project Identifier MCAI-2021-01125-G” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend the proposal because of those comments.                

                    Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to                     *https://www.regulations.gov,*                     including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.                

## Confidential Business Information

CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Jim Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.

## Background

The FAA issued AD 75-23-03, Amendment 39-2414 (40 FR 50706, October 31, 1975) (AD 75-23-03) for all Alexander Schleicher Model Ka2B, Ka 6, Ka 6 B, Ka 6 BR, Ka 6 C, Ka 6 CR, K 7, K 8, and AS-K 13 gliders. AD 75-23-03 was prompted by mandatory continuing airworthiness information (MCAI) originated by Luftfahrt-Bundesamt (LBA), which, at the time, was the airworthiness authority for Germany. AD 75-23-03 requires a one-time inspection of the glue joint at elevator rib number 1 for glue adhesion and repair if necessary.

## Actions Since AD 75-23-03 Was Issued

                    Since the FAA issued AD 75-23-03, EASA, which is the Technical Agent for the Member States of the European Union, superseded LBA's prior AD on this unsafe condition and issued EASA AD 2021-0230, dated October 14, 2021, (referred to after this as “the MCAI”), for Alexander Schleicher GmbH & Co. Segelflugzeugbau Model AS-K 13, ASK 16, ASK 16B, ASK 18, ASK 18 B, K 8, K 8 B, K 8 C, K 7, Ka 6, Ka 6 B, Ka 6 BR, Ka 6 C, Ka 6 CR, and Ka                     6/0                     sailplanes (gliders). The MCAI states:                

An occurrence was reported of structural failure of an elevator during winch launching of a K 7 sailplane. Subsequent investigation results determined that the occurrence was due to damaged glue of the elevator's rib No. 1.

This condition, if not detected and corrected, could affect the structural integrity of an elevator, possibly resulting in reduced control of the aeroplane.

To address this potential unsafe condition, Schleicher issued the glued joint inspection TN [Technical Note], as defined in this [EASA] AD, to provide inspection instructions and LBA Germany issued AD 72-7 (later revised) to require those actions.

                        Since that [LBA Germany] AD was issued, additional similar occurrences were reported of structural elevator failure, also on                               ( print page 17205)                            (powered) sailplanes originally not affected by LBA 72-7/3. Prompted by this development, Schleicher issued the applicable TN, providing inspections instructions for all (powered) sailplanes having an elevator of a similar design and making the inspections dependent also on the number of take-offs.                    

For the reason described above, this [EASA] AD supersedes LBA Germany AD 72-7/3 [dated December 13, 1989] and requires repetitive inspections of the elevator and, depending on findings, accomplishment of applicable corrective action(s).

                    You may examine the MCAI in the AD docket at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2022-0293.                

## Related Service Information Under 1 CFR Part 51

The FAA reviewed Alexander Schleicher GmbH & Co. Segelflugzeugbau Appendix 01-2021, Flight and Operating Manual, dated March 1, 2021. This service information specifies procedures for protecting the glider from moisture and repetitively inspecting the glue joint between elevator rib number 1 and the plywood skin.

                    This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the                     **ADDRESSES**                     section.                

## FAA's Determination

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI and service information referenced above. The FAA is issuing this NPRM after determining the unsafe condition described previously is likely to exist or develop on other products of the same type design.

## Proposed AD Requirements in This NPRM

This proposed AD would supersede AD 75-23-03 without retaining any of its actions. This proposed AD would require repetitively inspecting the glue joint between elevator rib number 1 and the plywood skin and repairing if necessary. This proposed AD would also add Model K 8 B gliders to the applicability.

## Differences Between This Proposed AD and the MCAI

                    The MCAI applies to Model ASK 16, ASK 16B, ASK 18, ASK 18 B, K 8 C, and Ka                     6/0                     gliders and this proposed AD would not because they do not have an FAA type certificate.                

This proposed AD would include the Model Ka2B glider whereas the MCAI does not.

Although the technical notes required by the MCAI specify to report findings of damage to the manufacturer, this proposed AD would not require that action.

## Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would affect 83 gliders of U.S. registry. The FAA also estimates that it would take 4 work-hours per glider to inspect the glue joint at elevator rib number 1 and would require parts costing $50. The average labor rate is $85 per work-hour.

Based on these figures, the FAA estimates the cost on U.S. operators to be $32,370 or $390 per glider, per inspection cycle.

The FAA estimates that replacing the glue joint, if necessary, would take 8 work-hours and would require parts costing $250 for an estimated cost of $930 per glider. The FAA has no way of determining the number of gliders that may need this action.

## 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 the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.

The FAA is 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

The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 that the proposed regulation:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Would not affect intrastate aviation in Alaska, and

(3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

# List of Subjects in 14 CFR Part 39

      - Air transportation
      - Aircraft
      - Aviation safety
      - Incorporation by reference
      - Safety

## The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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 

2. The FAA amends § 39.13 by: 

a. Removing Airworthiness Directive 75-23-03, Amendment 39-2414 ( 40 FR 50706, October 31, 1975), and

b. Adding the following new airworthiness directive: 

**Alexander Schleicher GmbH & Co. Segelflugzeugbau:**                         Docket No. FAA-2022-0293; Project Identifier MCAI-2021-01125-G.                    

##  (a) Comments Due Date

The FAA must receive comments on this airworthiness directive (AD) by May 12, 2022.

## (b) Affected ADs

This AD replaces AD 75-23-03, Amendment 39-2414 (40 FR 50706, October 31, 1975).

## (c) Applicability

This AD applies to Alexander Schleicher GmbH & Co. Segelflugzeugbau Model Ka2B, Ka 6, Ka 6 B, Ka 6 BR, Ka 6 C, Ka 6 CR, K 7, K 8, K 8 B, and AS-K 13 gliders, all serial numbers, certificated in any category.

## (d) Subject

Joint Aircraft System Component (JASC) Code 5521, Elevator, Spar/Rib Structure.

## (e) Unsafe Condition

                        This AD was prompted by mandatory continuing airworthiness information (MCAI) originated 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 structural failure of an elevator during winch launching. The FAA is issuing this AD to                               ( print page 17206)                            prevent structural failure of an elevator, which could lead to loss of glider control.                    

## (f) Compliance

Comply with this AD within the compliance times specified, unless already done.

## (g) Actions

Within 30 days after the effective date of this AD and thereafter at intervals not to exceed 12 months or 500 flight cycles, whichever occurs first, inspect the glue joint between elevator rib number 1 and the plywood skin for damage by following section 3 of Alexander Schleicher GmbH & Co. Segelflugzeugbau Appendix 01-2021, Flight and Operating Manual, dated March 1, 2021. For purposes of this AD, a flight cycle would be counted anytime the glider launches and then lands. If there is any damage on the glue joint, repair before further flight.

## (h) Alternative Methods of Compliance (AMOCs)

                        (1) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (i)(1) of this AD and email to:                         *9-AVS-AIR-730-AMOC@faa.gov*.                    

(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

## (i) Related Information

                        (1) For more information about this AD, contact Jim Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-4165; email:                         *jim.rutherford@faa.gov*.                    

                        (2) Refer to European Union Aviation Safety Agency (EASA) AD 2021-0230, dated October 14, 2021, for related information. You may examine the EASA AD in the AD docket at                         *https://www.regulations.gov*                         by searching for and locating Docket No. FAA-2022-0293.                    

                        (3) For service information identified in this AD, contact Alexander Schleicher GmbH & Co. Segelflugzeugbau, Alexander-Schleicher-Str. 1, Poppenhausen, Germany D-36163; phone: +49 (0) 06658 89-0; email:                         *info@alexander-schleicher.de*; website:                         *https://www.alexander-schleicher.de*. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222-5110.                    

Issued on March 22, 2022.

Lance T. Gant,

Director, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2022-06390 Filed 3-25-22; 8:45 am]

BILLING CODE 4910-13-P