Airworthiness Directives; Alexander Schleicher GmbH & Co. Segelflugzeugbau Gliders, 64734-64737 [2022-22698]
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64734
Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Proposed Rules
that owns the Applicant is affiliated
with the Applicant. Additionally, if the
business entity owner that owns more
than 50 percent of the Applicant also
owns more than 50 percent of another
business that operates in the same 3digit NAICS subsector as the Applicant,
they are all affiliated.
(iii) When an individual owns more
than 50 percent of the Applicant and the
individual also owns more than 50
percent of another business entity that
operates in the same 3-digit NAICS
subsector as the Applicant, the
Applicant and the individual owner’s
other business entity are affiliated.
(iv) When the Applicant does not
have an owner that owns more than 50
percent of the Applicant, if an owner of
20 percent or more of the Applicant is
a business that operates in the same 3digit NAICS subsector as the Applicant,
the Applicant and the owner are
affiliated.
(v) When the Applicant does not have
an owner that owns more than 50
percent of the Applicant, if an owner of
20 percent or more of the Applicant also
owns more than 50 percent of another
business entity that operates in the same
3-digit NAICS subsector as the
Applicant, the Applicant and the
owner’s other business entity are
affiliated.
(vi) Ownership interests of spouses
and minor children must be combined
when determining amount of ownership
interest.
(vii) When determining the
percentage of ownership that an
individual owns in a business, SBA
considers the pro rata beneficial
ownership of entities. For example, John
Smith, Jane Doe, and Jane Doe, Inc.,
each own an interest in the Applicant.
Jane Doe owns 15 percent of the
Applicant, and she also owns 100
percent of Jane Doe, Inc. Jane Doe, Inc.
owns 50 percent of the Applicant. SBA
considers Jane Doe to own 65 percent of
the Applicant.
(2) Stock options, convertible
securities, and agreements to merge. (i)
SBA considers stock options,
convertible securities, and agreements
to merge (including agreements in
principle) to have a present effect on the
ownership of the entity. SBA treats such
options, convertible securities, and
agreements as though the rights granted
have been exercised.
(ii) Agreements to open or continue
negotiations towards the possibility of a
merger or a sale of stock at some later
date are not considered ‘‘agreements in
principle’’ and are thus not given
present effect.
(iii) Options, convertible securities,
and agreements that are subject to
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conditions precedent which are
incapable of fulfillment, speculative,
conjectural, or unenforceable under
state or Federal law, or where the
probability of the transaction (or
exercise of the rights) occurring is
shown to be extremely remote, are not
given present effect.
(iv) SBA will not give present effect
to individuals’, concerns’, or other
entities’ ability to divest all or part of
their ownership interest to avoid a
finding of affiliation.
(3) Determining the concern’s size. In
determining the concern’s size, SBA
counts the receipts, employees (see
§ 121.201), or the alternate size standard
(if applicable) of the concern whose size
is at issue and all of its domestic and
foreign affiliates, regardless of whether
the affiliates are organized for profit.
(4) Exceptions to affiliation. For
exceptions to affiliation, see
§ 121.103(b).
*
*
*
*
*
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2022–23167 Filed 10–25–22; 8:45 am]
BILLING CODE 8026–03–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
SUMMARY:
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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:
• Federal eRulemaking Portal: Go to
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.
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:
• For service information identified
in this NPRM, contact Alexander
Schleicher GmbH & Co.
Segelflugzeugbau, AlexanderSchleicher-Str. 1, Poppenhausen,
Germany D–36163; phone: +49 (0)
06658 89–0; email: info@alexanderschleicher.de; website: alexanderschleicher.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.
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:
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Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Proposed Rules
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.
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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,
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16:34 Oct 25, 2022
Jkt 259001
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
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
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64735
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:
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Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Proposed Rules
ESTIMATED COSTS
Action
Labor cost
Inspect root ribs ....................
1 work-hour × $85 per hour
= $85.
The FAA estimates the following
costs to do any necessary replacements
that would be required based on the
Cost per
product
Parts cost
Not Applicable .....
Cost on U.S.
operators
$85 per product per inspection cycle.
results of the proposed inspection. The
agency has no way of determining the
$2,465 per inspection cycle.
number of gliders that might need these
replacements:
ON-CONDITION COSTS
Action
Labor cost
Replace all four root ribs ..............................................
8 work-hours × $85 per hour = $680 ...........................
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
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.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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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.
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16:34 Oct 25, 2022
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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:
a. Removing Airworthiness Directive
AD 2022–14–14, Amendment 39–22119
(87 FR 43403, July 21, 2022); and
■ 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.
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Parts cost
$1,000
Cost per
product
$1,680
(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
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Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Proposed Rules
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 § 39.19. In accordance
with § 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: 9-AVS-AIR-730-AMOC@
faa.gov. 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.
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(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:
jim.rutherford@faa.gov.
(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 November
30, 2022.
(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)
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Jkt 259001
(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, AlexanderSchleicher-Str. 1, Poppenhausen, Germany
D–36163; phone: +49 (0) 06658 89–0; email:
info@alexander-schleicher.de; website:
alexander-schleicher.de.
(6) 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.
(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: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–22698 Filed 10–25–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–0999; Airspace
Docket No. 22–AWA–2]
RIN 2120–AA66
Proposed Amendment of Class C
Airspace; Chicago, IL
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend the Chicago Midway
International Airport, IL (MDW) Class C
airspace area by extending the existing
MDW Class C airspace shelf within 10
nautical miles (NM) of MDW from the
southeast counterclockwise to the
northeast. The FAA is proposing this
action to reduce the risk of midair
collisions and enhance the efficient
management of air traffic operations in
the MDW terminal area.
DATES: Comments must be received on
or before December 27, 2022.
SUMMARY:
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64737
Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590; telephone: (800)
647–5527, or (202) 366–9826. You must
identify FAA Docket No. FAA–2022–
0999; Airspace Docket No. 22–AWA–2,
at the beginning of your comments. You
may also submit comments through the
internet at www.regulations.gov.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. For further information,
you can contact the Rules and
Regulations Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
modify the airspace structure as
necessary to preserve the safe and
efficient flow of air traffic within the
National Airspace System (NAS).
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA–
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Agencies
[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Proposed Rules]
[Pages 64734-64737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 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
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:
Federal eRulemaking Portal: Go to 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.
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:
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: [email protected]; website: 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.
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: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 64735]]
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 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:
[[Page 64736]]
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspect root ribs............. 1 work-hour x $85 Not Applicable.......... $85 per product $2,465 per
per hour = $85. per inspection inspection
cycle. cycle.
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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
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Cost per
Action Labor cost Parts cost product
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Replace all four root ribs.................... 8 work-hours x $85 per hour = $1,000 $1,680
$680.
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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
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
[[Page 64737]]
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: [email protected]. 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:
[email protected].
(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 November 30,
2022.
(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: [email protected]; website: alexander-
schleicher.de.
(6) 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.
(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: [email protected], 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. 2022-22698 Filed 10-25-22; 8:45 am]
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