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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 39 
          - [Docket No. FAA-2012-0017; Directorate Identifier 2011-CE-039-AD] 
          - RIN 2120-AA64 

# 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 Flugzeugbau GmbH Models DG-500 Elan Orion, DG-500 Elan Trainer, DG-500/20 Elan, DG-500/22 Elan, DG-500M, and DG-500MB 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 damage to the bulkhead of the glider's center of gravity (CG) tow hook that, if not detected and corrected, may lead to failure of the fiberglass structure during a winch launch. 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 March 2, 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-Lilienthal-Weg 2, 76646 Bruchsal, Federal Republic of Germany; telephone: +49 (0) 7251 3020140, fax: +49 (0) 7251 3020149; email:                         *dirks@dg-flugzeugbau.de;*                         Internet:                         *www.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-2012-0017; Directorate Identifier 2011-CE-039-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 EASA AD No.: 2011-0209, dated October 26, 2011 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: 

Occurrence of damage of the bulkhead of CG tow hook and its glued joints to fuselage shell was reported. 

Investigation concluded that this damage may occur after wheel up landing. 

Damage of bulkheads for CG tow hook of the sailplane or powered sailplane, if not detected and corrected, may lead to failure of glass fibre structure during a winch launch. 

DG-Flugzeugbau GmbH developed and published Technical Note (TN) No 500/04 with the associated Working Instruction No 1 to detect and correct damaged CG tow hook bulkhead and its glued joints. 

For the above-mentioned reasons, this AD requires a one-time inspection of the CG tow hook and its reinforcement.

The MCAI requires you to inspect the CG tow hook bulkhead for damage and reinforce the bulkhead. You may obtain further information by examining the MCAI in the AD docket. 

## Relevant Service Information 

DG Flugzeugbau GmbH has issued TN No 500/4, dated August 30, 2011; and Working Instruction No. 1, dated August 30, 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.                           ( print page 2235)    

## Costs of Compliance 

We estimate that this proposed AD will affect 16 products of U.S. registry. We also estimate that it would take about 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 $1,030 per product. 

Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $23,280 or $1,455 per product. 

## 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

2. The FAA amends § 39.13 by adding the following new AD: 

**DG Flugzeugbau GmbH:**                                 Docket No. FAA-2012-0017; Directorate Identifier 2011-CE-039-AD.                             

## (a) Comments Due Date 

We must receive comments by March 2, 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, DG-500/22 Elan, DG-500M, and DG-500MB gliders, all serial numbers (S/N), certificated in any category. 

## (d) Subject 

Air Transport Association of America (ATA) Code 53: Fuselage. 

## (e) Reason 

This proposed AD was prompted by damage to the bulkhead of the glider's center of gravity (CG) tow hook that, if not detected and corrected, may lead to failure of the fiberglass structure during a winch launch. We are issuing this proposed AD to require actions to address the unsafe condition on these products. 

## (f) Actions and Compliance 

Unless already done, do the following actions: 

                                (1)                                 *For all gliders:*                                 Within 30 days after the effective date of this AD, inspect the bulkhead of the CG tow hook and the bulkhead's glued joints for damage following DG Flugzeugbau GmbH TN No 500/4, dated August 30, 2011; and DG Flugzeugbau Working Instruction No. 1, dated August 30, 2011.                             

                                (2)                                 *For all gliders:*                                 If you find damage during the inspection required by paragraph (f)(1) of this AD, before further flight, reinforce the bulkhead of the CG tow hook following DG Flugzeugbau GmbH TN No 500/4, dated August 30, 2011; and DG Flugzeugbau Working Instruction No. 1, dated August 30, 2011.                             

                                (3)                                 *For all gliders:*                                 Unless already done as required by paragraph (f)(2) of this AD, within 5 months after the effective date of this AD, reinforce the bulkhead of the CG tow hook following DG Flugzeugbau GmbH TN No 500/4, dated August 30, 2011; and DG Flugzeugbau Working Instruction No. 1, dated August 30, 2011.                             

                                (4)                                 *For gliders with S/N 5E1 through S/N 5E23:*                                 While doing the modification required by paragraph (f)(2) or (f)(3) of this AD, install a new adapted tow hook access cover following DG Flugzeugbau GmbH TN No 500/4, dated August 30, 2011; and DG Flugzeugbau Working Instruction No. 1, dated August 30, 2011.                             

                                (5)                                 *For all gliders:*                                 Although the EASA MCAI and DG Flugzeugbau GmbH TN No 500/4, dated August 30, 2011, allow the inspection required by paragraph (f)(1) of this AD to be done by a pilot-owner, the U.S. regulatory system requires all actions of this AD to 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:                                 *jim.rutherford@faa.gov.*                                 Before using any approved AMOC on any airplane 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 European Aviation Safety Agency (EASA) AD No.: 2011-0209, dated                                       ( print page 2236)                                    October 26, 2011; DG Flugzeugbau GmbH TN No 500/4, dated August 30, 2011; and DG Flugzeugbau Working Instruction No. 1, dated August 30, 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; email:                                 *dirks@dg-flugzeugbau.de;*                                 Internet:                                 *www.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.                             

Issued in Kansas City, Missouri on January 10, 2012. 

John Colomy, 

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2012-744 Filed 1-13-12; 8:45 am] 

BILLING CODE 4910-13-P