This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

52676 

Vol. 82, No. 218 

Tuesday, November 14, 2017 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–1068; Product 

Identifier 2017–CE–034–AD] 

RIN 2120–AA64 

Airworthiness Directives; 

Intreprinderea De Constructii 

Aeronautice Gliders 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Intreprinderea De Constructii 

Aeronautice Model IS–28B2 gliders. 

This proposed AD results from 

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 cracks 

at stringers in the rear fuselage of 

several Model IS–28B2 gliders. We are 

issuing this proposed AD to require 

actions to address the unsafe condition 

on these products. 

DATES: We must receive comments on 

this proposed AD by December 29, 

2017. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Aeroclubul 

Romaniei, Bd.Lascar Catargiu, Nr.54, 

cod: 010673, Sector 1, Bucharest, 

Romania; telephone: 011+40 021–312– 

36–19; fax: 011+40 021–312–36–19; 

Internet: www.aeroclubulromaniei.ro; 

email: www.aeroclubulromaniei.ro/ 

contact/. 

You may review this referenced 

service information at the FAA, Policy 

and Innovation Division, 901 Locust, 

Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329– 

4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

1068; 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 this proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Standards Branch, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4165; fax: (816) 329–4090; email: 

jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2017–1068; Product Identifier 

2017–CE–034–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http://

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No.: 2016– 

0233, dated November 23, 2016 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for 

Intreprinderea De Constructii 

Aeronautice Model IS–28B2 gliders. The 

MCAI states: 

Cracks were reportedly detected, located at 

stringers in the rear fuselage of a number of 

IS–28B2 sailplanes. The subsequent 

investigation attributed these cracks to 

induction of a pre-stress during the 

manufacturing process of the affected parts. 

This condition, if not detected and 

corrected, could lead to reduced structural 

strength, possibly resulting in a loss of 

structural integrity of the sailplane. 

To address this potentially unsafe 

condition, Aeroclubul Romaniei (AR) issued 

Service Bulletin (SB) SB–IS–28B2–AR–01 to 

provide inspection instructions. AR is 

currently developing modification(s) to 

provide a design solution for the affected 

sailplanes. 

For the reasons described above, this 

[EASA] AD requires repetitive inspections of 

the structure of the rear fuselage and, 

depending on findings, accomplishment of 

applicable corrective action(s). 

This [EASA] AD is considered to be an 

interim action and further AD action may 

follow. 

Service Information Under 1 CFR Part 

51 

Aeroclubul Romaniei has issued 

Aeroclubul Romaniei Service Bulletin 

No.: SB–IS–28B2–AR–01, Revision 003, 

dated February 9, 2017 (ARSB No. AR– 

01), and Aeroclubul Romaniei Service 

Bulletin No.: SB–IS–28B2–AR–02, 

Revision 01, dated February 24, 2017 

(ARSB No. AR–02). ARSB No. AR–01 

describes procedures for inspection of 

the rear fuselage area to detect any 

cracks, ruptures, or corrosion. ARSB No. 

AR–02 describes procedures for 

installation of a modification to the 

upper stringer of the rear fuselage. This 

service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 52677 

identified in the ADDRESSES section of 

this NPRM. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 30 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $5,100, or $170 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 15 work-hours and require parts 

costing $1,000, for a cost of $2,275 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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. 

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. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to small airplanes, gliders, 

and domestic business jet transport 

airplanes to the Director of the Policy 

and Innovation Division. 

Regulatory Findings 

We 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 this proposed regulation: 

(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. 

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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

Intreprinderea De Constructii Aeronautice: 

Docket No. FAA–2017–1068; Product 

Identifier 2017–CE–034–AD. 

(a) Comments Due Date 

We must receive comments by December 

29, 2017. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Intreprinderea De 

Constructii Aeronautice IS–28B2 gliders, all 

serial numbers, certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 53: Fuselage. 

(e) Reason 

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 cracks at 

stringers in the rear fuselage of several Model 

IS–28B2 gliders. We are issuing this AD to 

detect and correct cracks, which could lead 

to reduced structural strength resulting in 

loss of structural integrity and loss of control. 

(f) Actions and Compliance 

Unless already done, do the following 

actions in paragraphs (f)(1) and (2): 

(1) Within 90 days after the effective date 

of this AD and repetitively thereafter at 

intervals not to exceed 50 hours time-inservice (TIS), inspect the rear fuselage 

structure following the instructions in 

Aeroclubul Romaniei Service Bulletin (SB) 

No.: SB–IS–28B2–AR–01, Revision 003, 

dated February 9, 2017. 

(2) If any crack or corrosion is detected 

during any inspection required in paragraph 

(f)(1) of this AD, before further flight, modify 

the rear fuselage structure following the 

instructions in Aeroclubul Romaniei SB No.: 

SB–IS–28B2–AR–02, Revision 01, dated 

February 24, 2017. 

(3) Completion of the modification to the 

rear fuselage structure as required in 

paragraph (f)(2) of this AD terminates the 

repetitive inspections required in paragraph 

(f)(1) of this AD. 

(g) Reporting Requirement 

Although Aeroclubul Romaniei SB No.: 

SB–IS–28B2–AR–01, Revision 003, dated 

February 9, 2017, specifies to submit certain 

information to the manufacturer, this AD 

does not require that action. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Small Airplane 

Standards Branch, 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 

Standards Branch, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone: 

(816) 329–4165; fax: (816) 329–4090; email: 

jim.rutherford@faa.gov. Before using any 

approved AMOC on any glider 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) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
52678 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 

by the Manager, Small Airplane Standards 

Branch, FAA; or the European Aviation 

Safety Agency (EASA). 

(i) Related Information 

Refer to MCAI AD No.: 2016–0233, dated 

November 23, 2016; Aeroclubul Romaniei 

Service Bulletin No.: SB–IS–28B2–AR–01, 

Revision 003, dated February 9, 2017, and 

Aeroclubul Romaniei Service Bulletin No.: 

SB–IS–28B2–AR–02, Revision 01, dated 

February 24, 2017. You may examine the 

MCAI on the Internet at http://

www.regulations.gov by searching for and 

locating Docket No. FAA–2017–1068. For 

service information related to this AD, 

contact Aeroclubul Romaniei, Bd.Lascar 

Catargiu, Nr.54, cod: 010673, Sector 1, 

Bucharest, Romania; telephone: 011+40 021– 

312–36–19; fax: 011+40 021–312–36–19; 

Internet: www.aeroclubulromaniei.ro; email: 

www.aeroclubulromaniei.ro/contact/. You 

may review this referenced service 

information at the FAA, Policy and 

Innovation Division, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, call 

(816) 329–4148. 

Issued in Kansas City, Missouri, on 

November 3, 2017. 

Melvin J. Johnson, 

Acting Deputy Director, Policy & Innovation 

Division, Aircraft Certification Service. 

[FR Doc. 2017–24500 Filed 11–13–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–1015] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

China Basin, Mission Creek, San 

Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily modify the operating 

schedule that governs the 3rd Street 

Bridge, across China Basin, Mission 

Creek, mile 0.0, at San Francisco, 

California. This action is necessary to 

allow the bridge owner, the City of San 

Francisco, to keep the drawspan in the 

closed-to-navigation position in order to 

conduct critical mechanical and 

structural rehabilitation over an 

estimated 18 month period, scheduled 

to commence in February 2018. The 

temporary change to the regulations is 

expected to meet the reasonable needs 

of navigation on the waterway. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

December 14, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–1015 using Federal eRulemaking 

Portal at http://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Carl T. Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516; email Carl.T.Hausner@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On October 20, 2017, the City of San 

Francisco submitted a request to the 

Coast Guard to temporarily change the 

drawbridge operating schedule for the 

3rd Street Bridge. 

The 3rd St Bridge at mile 0.0, across 

China Basin, Mission Creek, at the City 

of San Francisco, California, has a 

vertical clearance of 3 feet at mean high 

water and 8 feet at mean low water. The 

waterway users are recreational, law 

enforcement, and search and rescue. 

The purpose of this proposed 

temporary rule is to allow the bridge 

owner to conduct critical mechanical 

and structural rehabilitation of the 

bridge. It is reported that the bridge is 

not structurally deficient; however, 

clear evidence of damaged and buckled 

steel members and other damage to the 

bridge and the trunnion mechanism 

have been identified. Without 

preventative maintenance, the damage 

will worsen and ultimately compromise 

the structural integrity of the bridge. 

The work will include blast cleaning 

and painting structural steel, replacing 

the bridge deck, repairing the fender 

systems, repairing the concrete counter 

weight, coating steel piles to inhibit 

corrosion, and repairing the bridge 

endlocks. 

The existing regulations in 33 CFR 

117.149 require the bridge to open on 

signal if at least one hour notice is 

given. 

III. Discussion of Proposed Rule 

The Coast Guard proposes to change 

the drawbridge operation regulations in 

33 CFR 117.149 by temporarily 

modifying the regulation for the draw of 

the 3rd Street bridge. This proposed 

change will allow the bridge owner to 

secure the bridge in the closed-tonavigation position in order to conduct 

critical rehabilitation work on the 

bridge. 

China Basin, Mission Creek, is 0.64 

miles in length with the 3rd Street 

Bridge at the mouth of the basin. 

Approximately 35 vessels are moored 

upstream of the bridge and require the 

drawspan to open in order to depart the 

basin into San Francisco Bay. The City 

of San Francisco has indicated that they 

will assist vessel owners in China Basin, 

Mission Creek, and find alternate 

moorings during the closure period. 

Vessels able to transit the bridge, while 

in the closed-to-navigation position, can 

continue to do so during the closure 

period. 

There are no alternative routes into 

China Basin, Mission Creek. 

In the event of an emergency, the 

bridge operator can open on signal if at 

least 45 days advance notice is given. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and Executive 

Orders and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the limited number of 

vessels impacted and the ability of those 

vessel owners, located upstream of the 

bridge, to receive assistance from the 

City of San Francisco in finding 

alternate moorings while the bridge is in 

the closed-to-navigation position. In 

addition, rehabilitation of the bridge is 


jstallworth on DSKBBY8HB2PROD with PROPOSALS