[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Proposed Rules]
[Pages 67837-67840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2022-22698]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1303; Project Identifier MCAI-2022-01001-G]
 RIN 2120-AA64


Airworthiness Directives; Alexander Schleicher GmbH & Co. 
Segelflugzeugbau Gliders

    Editorial Note: Proposed rule document 2022-22698 was originally 
published on pages 64734 through 64737 in the issue of Wednesday, 
October 26, 2022. In that publication on page 64737, in the first 
column, under the ``(j) Material Incorporated by Reference'' 
heading, paragraph ``(3)'', ``November 30, 2022'' should read 
``[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE]''. The 
corrected document is published here in its entirety.
AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2022-14-14, which applies to all Alexander Schleicher GmbH & Co. 
Segelflugzeugbau Model ASW-15 gliders. AD 2022-14-14 requires 
repetitively inspecting the wing root ribs for cracks, looseness, and 
damage and replacing any root rib with a crack, a loose rib or lift pin 
bushing, or any damage. Since the FAA issued AD 2022-14-14, the 
European Union Aviation Safety Agency (EASA) superseded its mandatory 
continuing airworthiness information (MCAI) to add all Model ASW-15B 
gliders to the applicability. This proposed AD is prompted by MCAI 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. This proposed AD 
would retain the requirements from AD 2022-14-14 of repetitively 
inspecting the wing root ribs for cracks, looseness, and damage and 
replacing any root rib with a crack, a loose rib or lift pin bushing, 
or any damage; and would add the Model ASW-15B gliders to the 
applicability. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by December 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:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA- 2022-1303; 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.
    Material Incorporated by Reference:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#c2abaca4ad82a3aea7baa3aca6a7b0efb1a1aaaea7aba1aaa7b0eca6a7"><span class="__cf_email__" data-cfemail="bdd4d3dbd2fddcd1d8c5dcd3d9d8cf90ceded5d1d8d4ded5d8cf93d9d8">[email protected]</span></a>; website: alexander-schleicher.de.
    <bullet> 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.

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: <a href="/cdn-cgi/l/email-protection#58323135762a2d2c303d2a3e372a3c183e3939763f372e"><span class="__cf_email__" data-cfemail="e58f8c88cb9790918d8097838a9781a5838484cb828a93">[email protected]</span></a>.

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-2022-1303; Project Identifier 
MCAI-2022-01001-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 
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, FAA, 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 2022-14-14, Amendment 39-22119 (87 FR 43403, July 
21, 2022), (AD 2022-14-14), for all serial-numbered Alexander 
Schleicher GmbH & Co. Segelflugzeugbau Model ASW-15 gliders. AD 2022-
14-14 was prompted by MCAI originated by EASA, which is the Technical 
Agent for the

[[Page 67838]]

Member States of the European Union. EASA issued EASA AD 2021-0187, 
dated August 9, 2021 (EASA AD 2021-0187), for all Alexander Schleicher 
GmbH & Co. Segelflugzeugbau Model ASW 15 gliders to correct an unsafe 
condition identified as wing root rib damage.
    AD 2022-14-14 requires repetitively inspecting the wing root ribs 
for cracks, looseness, and damage and replacing any root rib with a 
crack, a loose rib or lift pin bushing, or any damage. The FAA issued 
AD 2022-14-14 to detect and correct damaged root ribs.

Actions Since AD 2022-14-14 Was Issued

    Since the FAA issued AD 2022-14-14, Alexander Schleicher GmbH & Co. 
Segelflugzeugbau determined that Model ASW-15B gliders can also be 
affected by wing root rib damage. As a result, EASA superseded EASA AD 
2021-0187, and issued EASA AD 2022-0146, dated July 11, 2022 (referred 
to after this as ``the MCAI''). The MCAI states that wing root rib 
damage can also affect Model ASW-15B gliders and the Model ASW-15B as 
well as the ASW-15 gliders require repetitively inspecting the wing 
root ribs and replacing any damaged wing root ribs. The MCAI retains 
the requirements of EASA AD 2021-0187 and expands the applicability to 
include all Model ASW-15B gliders.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1303.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Alexander Schleicher GmbH & Co. Segelflugzeugbau 
ASW 15 Technical Note No. 29, Issue II (TN No. 29, Issue II), dated May 
4, 2022. This service information specifies replacement of root ribs.
    This proposed AD would also require Alexander Schleicher GmbH & Co. 
Segelflugzeugbau ASW 15 Technical Note No. 29, dated June 28, 2021; 
Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 Repair 
instruction exchange of wing root ribs according to TN 29, dated June 
28, 2021; and Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 
Maintenance Instruction G, Issue 1, dated June 28, 2021, which the 
Director of the Federal Register approved for incorporation by 
reference as of August 25, 2022 (87 FR 43403, July 21, 2022).
    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 ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 described above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2022-
14-14, would add Model ASW-15B gliders to the applicability, and would 
provide the option of using the service material from AD 2022-14-14 or 
the updated service material.

Differences Between This Proposed AD and the Service Information

    TN No. 29, Issue II, specifies the exchange of page 22A and page 
27A of the Flight and Operations Manual for the Model ASW-15 and ASW-
15B gliders, respectively, with a new version of those pages and then 
specifies documenting this change on page 3, Amendments, of the 
respective manual, and the MCAI, and this proposed AD do not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 29 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                  Labor cost           Parts cost         Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspect root ribs..............  1 work-hour x $85  Not Applicable........  $85 per product    $2,465 per
                                  per hour = $85.                            per inspection     inspection
                                                                             cycle.             cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
proposed inspection. The agency has no way of determining the number of 
gliders that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace all four root ribs....................  8 work-hours x $85 per hour =             $1,000          $1,680
                                                 $680.
----------------------------------------------------------------------------------------------------------------

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

[[Page 67839]]

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

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:
0
a. Removing Airworthiness Directive AD 2022-14-14, Amendment 39-22119 
(87 FR 43403, July 21, 2022); and
0
b. Adding the following new airworthiness directive:

Alexander Schleicher GmbH & Co. Segelflugzeugbau: Docket No. FAA-
2022-1303; Project Identifier MCAI-2022-01001-G.

(a) Comments Due Date

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

(b) Affected ADs

    This AD replaces AD 2022-14-14, Amendment 39-22119 (87 FR 43403, 
July 21, 2022) (AD 2022-14-14).

(c) Applicability

    This AD applies to Alexander Schleicher GmbH & Co. 
Segelflugzeugbau Model ASW-15 and ASW-15B gliders, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5712, Wing, Rib/
Bulkhead.

(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 wing root rib 
damage. The FAA is issuing this AD to detect and correct damaged 
root ribs. The unsafe condition, if not addressed, could result in 
reduced structural integrity of the wing assembly, which could lead 
to loss of control of the glider.

(f) Compliance

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

(g) Action

    (1) For Model ASW-15 gliders: Within 30 days after August 25, 
2022 (effective date of AD 2022-14-14), and thereafter at intervals 
not to exceed 12 months, inspect all wing root ribs (4 places) for 
cracks, looseness, and damage, in accordance with the Action section 
in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 
Maintenance Instruction G, Issue 1, dated June 28, 2021. If there is 
a crack in any root rib, a loose rib or lift pin bushing, or any 
damage, before further flight, replace the root rib in accordance 
with Action paragraph (B) in Alexander Schleicher GmbH & Co. 
Segelflugzeugbau ASW 15 Technical Note No. 29, dated June 28, 2021, 
and steps 1 through 7 in Alexander Schleicher GmbH & Co. 
Segelflugzeugbau ASW 15 Repair instruction exchange of wing root 
ribs according to TN 29, dated June 28, 2021; or Action paragraph 
(C) in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 
Technical Note No. 29, Issue II, dated May 4, 2022, and steps 1 
through 7 in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 
Repair instruction exchange of wing root ribs according to TN 29, 
dated June 28, 2021.
    (2) For Model ASW-15B gliders: Within 30 days after the 
effective date of this AD and thereafter at intervals not to exceed 
12 months, inspect all wing root ribs (4 places) for cracks, 
looseness, and damage, in accordance with the Action section in 
Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 Maintenance 
Instruction G, Issue 1, dated June 28, 2021. If there is a crack in 
any root rib, a loose rib or lift pin bushing, or any damage, before 
further flight, replace the root rib in accordance with Action 
paragraph (C) in Alexander Schleicher GmbH & Co. Segelflugzeugbau 
ASW 15 Technical Note No. 29, Issue II, dated May 4, 2022, and steps 
1 through 7 in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 
15 Repair instruction exchange of wing root ribs according to TN 29, 
dated June 28, 2021.
    (3) For Model ASW-15 and ASW-15B gliders: Replacing all four 
wing root ribs is terminating action for the repetitive inspections 
required by this AD.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in Sec.  39.19. In accordance with Sec.  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, mail 
it to the address identified in paragraph (i)(2) of this AD or email 
to: <a href="/cdn-cgi/l/email-protection#023b2f4354512f434b502f3531322f434f4d41426463632c656d74"><span class="__cf_email__" data-cfemail="ecd5c1adbabfc1ada5bec1dbdfdcc1ada1a3afac8a8d8dc28b839a">[email protected]</span></a>. If mailing information, also submit 
information by email. 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) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2022-0146, dated July 11, 2022, for related information. This EASA 
AD may be found in the AD docket at regulations.gov under Docket No. 
FAA-2022-1303.
    (2) 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: 
<a href="/cdn-cgi/l/email-protection#9ef4f7f3b0ecebeaf6fbecf8f1ecfadef8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="bad0d3d794c8cfced2dfc8dcd5c8defadcdbdb94ddd5cc">[email protected]</span></a>.

(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 Director of the Federal Register approved the following 
service information for incorporation by reference on [DATE 35 DAYS 
AFTER PUBLICATION OF THE FINAL RULE].
    (i) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 
Technical Note No. 29, Issue II dated May 4, 2022.
    (ii) [Reserved]
    (4) The Director of the Federal Register approved the following 
service information for incorporation by reference on August 25, 
2022 (87 FR 43403, July 21, 2022)
    (i) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 
Maintenance Instruction G, Issue 1, dated June 28, 2021.
    (ii) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 
Repair instruction exchange of wing root ribs according to TN 29, 
dated June 28, 2021.
    (iii) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 
Technical Note No. 29, dated June 28, 2021.
    (5) 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: <a href="/cdn-cgi/l/email-protection#40292e262f00212c2538212e2425326d3323282c2529232825326e2425"><span class="__cf_email__" data-cfemail="d9b0b7bfb699b8b5bca1b8b7bdbcabf4aabab1b5bcb0bab1bcabf7bdbc">[email protected]</span></a>; website: alexander-
schleicher.de.
    (6) You may view this service information at the FAA, 
Airworthiness Products Section,

[[Page 67840]]

Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For 
information on the availability of this material at the FAA, call 
(817) 222-5110.
    (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, email: <a href="/cdn-cgi/l/email-protection#bfd9cd91d6d1cccfdadccbd6d0d1ffd1decdde91d8d0c9"><span class="__cf_email__" data-cfemail="3e584c1057504d4e5b5d4a5751507e505f4c5f10595148">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. R1-2022-22698 Filed 11-9-22; 8:45 am]
BILLING CODE 099-10-D


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