[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Rules and Regulations]
[Pages 21400-21402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7003]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1342; Directorate Identifier 2011-CE-038-AD; 
Amendment 39-16996; AD 2012-06-15]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Sailplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for DG 
Flugzeugbau GmbH Models DG-500 Elan Orion, DG-500 Elan Trainer, DG-500/
20 Elan, and DG-500/22 Elan sailplanes and Models DG-500M and DG-500MB 
powered sailplanes. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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 
AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective May 15, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 15, 2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590.
    For service information identified in 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/tech-mitteilungen-e.html; email: <a href="/cdn-cgi/l/email-protection#fb9f92899088bb9f9cd69d978e9c819e8e9c999a8ed59f9e"><span class="__cf_email__" data-cfemail="492d203b223a092d2e642f253c2e332c3c2e2b283c672d2c">[email protected]</span></a>. 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.

[[Page 21401]]


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: 
<a href="/cdn-cgi/l/email-protection#f79d9e9ad98582839f928591988593b7919696d9909881"><span class="__cf_email__" data-cfemail="2b41424605595e5f434e594d44594f6b4d4a4a054c445d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That SNPRM was published in the Federal Register on January 
17, 2012 (77 FR 2236). That SNPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM (77 FR 2236, January 17, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
SNPRM (77 FR 2236, January 17, 2012) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the SNPRM (77 FR 2236, January 17, 2012).

Costs of Compliance

    We estimate that this AD will affect 16 products of U.S. registry. 
We also estimate that it will take about 2.5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $1,088 per 
product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $20,808, or $1,300.50 per product.
    In addition, we estimate that any necessary follow-on actions will 
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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 AD:
    (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.

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 the SNPRM (77 FR 2236, January 17, 
2012), 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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 adding the following new AD:

2012-06-15 DG Flugzeugbau GmbH: Amendment 39-16996; Docket No. FAA-
2011-1342; Directorate Identifier 2011-CE-038-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 15, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH Models DG-500 Elan Orion, 
DG-500 Elan Trainer, DG-500/20 Elan, and DG-500/22 Elan sailplanes 
and Models 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

[[Page 21402]]

(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 May 15, 2012 (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 after the inspection required in paragraph (f)(1) of this AD, 
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 May 15, 2012 (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 
May 15, 2012 (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.
    (4) Although the European Aviation Safety Agency (EASA) MCAI and 
DG Flugzeugbau GmbH Technical Note No. 500/05, dated September 19, 
2011, allows the inspection required in paragraph (f)(1) of this AD 
to be done by a pilot-owner, the U.S. regulatory system requires all 
actions required by this AD be done by a certified mechanic.

(g) 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: 
<a href="/cdn-cgi/l/email-protection#cba1a2a6e5b9bebfa3aeb9ada4b9af8badaaaae5aca4bd"><span class="__cf_email__" data-cfemail="4e242723603c3b3a262b3c28213c2a0e282f2f60292138">[email protected]</span></a>. 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.

(h) Related Information

    Refer to MCAI 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.

 (i) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51.
    (i) DG Flugzeugbau GmbH Technical Note No. 500/05, dated 
September 19, 2011, and
    (ii) DG Flugzeugbau GmbH Working Instruction No. 1 for TN348/20, 
Issue 3, dated September 13, 2011.
    (2) For service information identified in 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/tech-mitteilungen-e.html; email: <a href="/cdn-cgi/l/email-protection#1c78756e776f5c787b317a70697b6679697b7e7d69327879"><span class="__cf_email__" data-cfemail="2b4f425940586b4f4c064d475e4c514e5e4c494a5e054f4e">[email protected]</span></a>.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on March 19, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-7003 Filed 4-9-12; 8:45 am]
BILLING CODE 4910-13-P


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