76330 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules 

section at the beginning of this notice. 

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the ADDRESSES section at the beginning 

of this notice. 

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information on submitting CBI, see the 

Confidential Business Information 

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Include contact information each time 

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Confidential Business Information. 

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person submitting information that he 

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Submit these documents via email or on 

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evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

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the public interest. 

It is DOE’s policy that all comments 

may be included in the public without 

change and as received, including any 

personal information provided in the 

comments (except information deemed 

to be exempt from public disclosure). 

E. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this NODA, DOE has 

identified a number of issues that it is 

particularly interested in receiving 

comments and views of interested 

parties. These are presented in the 

framework document. 

Approval of the Office of the Secretary 

The Secretary of Energy has approved 

publication of this notice of data 

availability. 

List of Subjects 

10 CFR Part 429 

Energy conservation, Household 

appliances, Reporting and 

recordkeeping requirements. 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports. 

Issued in Washington, DC, on November 

29, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–31419 Filed 12–6–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1342; Directorate 

Identifier 2011–CE–038–AD] 

RIN 2120–AA64 

Airworthiness Directives; DG 

Flugzeugbau GmbH Sailplanes 

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 DG 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules 76331 

Flugzeugbau GmbH Models DG–500 

Elan Orion sailplanes and DG–500M 

and DG–500MB powered sailplanes. 

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 

incorrect re-installation of the rear 

cockpit securing rope for the headrest of 

the rear seat during maintenance, which 

could cause the rear seat to interfere 

with the control stick of the sailplane. 

We are issuing this proposed AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: We must receive comments on 

this proposed AD by January 23, 2012. 

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 DG 

Flugzeugbau GmbH, Otto-LilienthalWeg 2, 76646 Bruchsal, Federal 

Republic of Germany; telephone: +49 (0) 

7251 3020140; fax: +49 (0) 7251 

3020149; Internet: http://www.dgflugzeugbau.de/tech-mitteilungene.html; email: dirks@dg-flugzeugbau.de. 

You may review copies of the 

referenced service information at the 

FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. 

For information on the availability of 

this material at the FAA, call (816) 329– 

4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; 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 Directorate, 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–2011–1342; Directorate Identifier 

2011–CE–038–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.: 2011– 

0191, dated September 30, 2011 

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

correct an unsafe condition for the 

specified products. The MCAI states: 

Several occurrences have been reported of 

incorrect re-installation of rear cockpit 

securing rope for the headrest of the rear seat 

during maintenance. In one of these 

occurrences, the aeroplane suffered an 

accident. The technical investigations 

following this accident have revealed that the 

rear cockpit headrest securing rope was too 

long, which caused the rear seat to interfere 

with the control stick of the aeroplane. 

This condition if not detected and 

corrected, could lead to loss of control of the 

aeroplane. 

To address this unsafe condition, DG 

Flugzeugbau have developed a modification 

to be accomplished in accordance with the 

Working Instruction No. 1 for Technical Note 

(TN) 348/20 in issue 3, dated 13 September 

2011, for the English language version and in 

issue 2, dated 22 October 2008, for the 

German language version (English version 

revised at issue 3 to correct a translation 

discrepancy), which aims to prevent wrong 

re-installation of the headrest securing rope. 

TN 500/05 embodies this Working 

Instruction. 

For the reasons described above, this AD 

requires a one-time inspection of the length 

of the rear cockpit headrest securing rope 

and, in case of discrepancy, readjustment of 

the length. In addition, this AD requires the 

installation of a modified headrest securing 

rope with snap hook. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

DG Flugzeugbau GmbH has issued 

Technical Note No. 500/05, dated 

September 19, 2011, and Working 

Instruction No. 1 for TN348/20, Issue 3, 

dated September 13, 2011. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

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. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 14 products of U.S. registry. 

We also estimate that it would take 

about 2.5 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $1,088 per 

product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
76332 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules 

operators to be $18,207 or $1,300.50 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 0.5 work-hour, for a cost of $42.50 

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. 

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: 

DG Flugzeugbau GmbH: Docket No. FAA– 

2011–1342; Directorate Identifier 2011– 

CE–038–AD. 

(a) Comments Due Date 

We must receive comments by January 23, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to DG Flugzeugbau GmbH 

Models DG–500 Elan Orion sailplanes and 

DG–500M and DG–500MB powered 

sailplanes, all serial numbers, that are: 

(i) Equipped with a headrest on the rear 

seat; and 

(ii) certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 25: Equipment/Furnishing. 

(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 incorrect 

re-installation of the rear cockpit securing 

rope for the headrest of the rear seat during 

maintenance. We are issuing this AD to 

correct the length of the rear cockpit headrest 

securing rope, which if too long, could cause 

the rear seat to interfere with the control stick 

of the sailplane and could result in loss of 

control of the sailplane. 

(f) Actions and Compliance 

Unless already done, do the following 

actions: 

(1) Within the next 30 days after the 

effective date of this AD, inspect the rear 

cockpit headrest securing rope to determine 

the length. Do the inspection as specified in 

Instruction No. 2 of DG Flugzeugbau GmbH 

Technical Note No. 500/05, dated September 

19, 2011. 

(i) If the length of the rear cockpit headrest 

securing rope is more than 450 millimeters 

(mm) or less than 400 mm, before further 

flight, adjust the length of the rear cockpit 

headrest securing rope to a length between 

400 mm and 450 mm as shown in Sketch 2 

of DG Flugzeugbau GmbH Working 

Instruction No. 1 for TN348/20, Issue 3, 

dated September 13, 2011. After doing the 

adjustment, do the action required in 

paragraph (f)(2) of this AD. 

(ii) If the length of the rear cockpit headrest 

securing rope is between 400 mm and 450 

mm, do the action required in paragraph 

(f)(2) of this AD. 

(2) Within 3 months after the effective date 

of this AD, replace the rear cockpit headrest 

securing rope with a rear cockpit headrest 

securing rope with a snap hook. Do the 

replacement following DG Flugzeugbau 

GmbH Working Instruction No. 1 for TN348/ 

20, Issue 3, dated September 13, 2011, as 

specified in Instruction No. 3 of DG 

Flugzeugbau GmbH Technical Note No. 500/ 

05, dated September 19, 2011. 

(3) Replacement of the rear cockpit 

headrest securing rope with a rear cockpit 

headrest securing rope with a snap hook 

done before the effective date of this AD 

following DG Flugzeugbau GmbH Working 

Instruction No. 1 for TN348/20, Issue 2, is 

considered acceptable for compliance with 

paragraph (f)(2) of this AD. 

(g) FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

Attn: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

4090; email: jim.rutherford@faa.gov. Before 

using any approved AMOC on any sailplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules 76333 

1 14 CFR 1.1 defines a balloon as a ‘‘lighter-thanair aircraft that is not engine driven, and that 

sustains flight through the use of either gas 

buoyancy or an airborne heater,’’ and defines a kite 

as a ‘‘framework, covered with paper, cloth, metal, 

or other material, intended to be flown at the end 

of a rope or cable, and having as its only support 

the force of the wind moving past its surfaces.’’ 

(i) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No.: 2011–0191, dated 

September 30, 2011; DG Flugzeugbau GmbH 

Technical Note No. 500/05, dated September 

19, 2011; and DG Flugzeugbau GmbH 

Working Instruction No. 1 for TN348/20, 

Issue 3, dated September 13, 2011, for related 

information. For service information related 

to this AD, contact DG Flugzeugbau GmbH, 

Otto-Lilienthal-Weg 2, 76646 Bruchsal, 

Federal Republic of Germany; telephone: +49 

(0) 7251 3020140; fax: +49 (0) 7251 3020149; 

Internet: http://www.dg-flugzeugbau.de/techmitteilungen-e.html; email: dirks@dgflugzeugbau.de. You may review copies of 

the referenced service information at the 

FAA, Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Issued in Kansas City, Missouri, on 

December 1, 2011. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–31425 Filed 12–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 77 

[Docket No.: FAA–2011–1279; Notice No. 

11–07] 

Notification for Airborne Wind Energy 

Systems (AWES) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of policy and request for 

information. 

SUMMARY: The FAA seeks comments on 

revising its policy regarding the 

application of Title 14 of the Code of 

Federal Regulations (14 CFR) part 77, 

‘‘Safe, Efficient Use and Preservation of 

the Navigable Airspace,’’ to airborne 

wind energy systems (AWES). In 

addition, this notice requests 

information from airborne wind energy 

system developers and the public 

related to these systems so that the FAA 

can comprehensively analyze the AWES 

and their integration into the National 

Airspace System (NAS). 

DATES: Written comments must be 

received on or before February 6, 2012. 

ADDRESSES: Send comments identified 

by docket number 2011–1279 using any 

of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this action, 

contact Mr. Rene ́ Joseph (RJ) Balanga, 

Mission Support Services, Airspace, 

Regulations and ATC Procedures Group, 

Air Traffic Organization, AJV–11, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–8783, email rene.balanga@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority 

Title 49 of the United States Code, 

section 40103 vests the Administrator 

with broad authority to regulate the safe 

and efficient use of the navigable 

airspace. The Administrator is 

authorized to issue rules and regulations 

to govern the flight, navigation, 

protection, and identification of aircraft 

for the protection of persons and 

property on the ground, and for the 

efficient use of the navigable airspace 

(49 U.S.C. 40103(b)). The Administrator 

also is authorized under § 44701(a)(5) to 

promote safe flight of civil aircraft in air 

commerce by prescribing regulations 

and minimum standards for other 

practices, methods, and procedures 

necessary for safety in air commerce and 

national security. 

Background 

During the past decade, there has 

been an increased focus on the use of 

clean renewable energy resources, 

including wind energy. The FAA has 

been approached by various entities, 

including manufacturers, scientists, 

engineers, and advocacy groups 

representing the wind energy 

community, who are researching the use 

of more sustained and consistent winds 

at higher altitudes where conventional 

ground-based wind turbines cannot 

reach. As part of their research, the 

energy community is examining various 

concepts for system designs to harness 

high altitude winds as a potential source 

of energy. 

Airborne Wind Energy Systems 

(AWES) are described broadly as 

mechanical devices that are moored to 

the ground, via a tether or cabling 

component, for the purpose of capturing 

the fluid stream kinetic energy of winds. 

The kinetic energy captured by the 

device is then utilized in various 

fashions to generate electricity. In one 

option, the wind energy is immediately 

converted into consumable power, at 

the system component keeping the 

system aloft, and then transferred to the 

ground by a mechanical tether, cabling 

conductor, or other method. In another 

option, the combination of the wind, the 

aloft device, and the mooring cables are 

systematically utilized to drive an 

electrical generator located on the 

ground. 

The basic overall components that 

comprise various AWESs are fairly 

similar in concept, however, the 

technologies and the specific devices 

that keep them aloft differ dramatically. 

Such devices have leveraged on similar 

engineering designs that apply to kites, 

balloons, kytoons, aircraft wings, 

aircraft, airfoils, as well as others.1

Although some of these AWES 

components could be covered by 14 

CFR part 101, Moored balloons, kites, 

amateur rockets and unmanned free 

balloons, some conceptual designs 

include hybrid concepts or utilize new 

innovative techniques that are not as 

easily classifiable. For example, the 

FAA identified some AWESs employing 

‘‘balloon-like’’ design structures with 


emcdonald on DSK5VPTVN1PROD with PROPOSALS