[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Proposed Rules]
[Pages 2234-2236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-744]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 77, No. 10 / Tuesday, January 17, 2012 / 
Proposed Rules

[[Page 2234]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

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


Airworthiness Directives; DG Flugzeugbau GmbH Gliders

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#b8dcd1cad3cbf8dcdf95ded4cddfc2ddcddfdad9cd96dcdd"><span class="__cf_email__" data-cfemail="96f2ffe4fde5d6f2f1bbf0fae3f1ecf3e3f1f4f7e3b8f2f3">[email protected]</span></a>; 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: 
<a href="/cdn-cgi/l/email-protection#fd979490d38f888995988f9b928f99bd9b9c9cd39a928b"><span class="__cf_email__" data-cfemail="b8d2d1d596cacdccd0ddcaded7cadcf8ded9d996dfd7ce">[email protected]</span></a>.

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.

[[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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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: 
<a href="/cdn-cgi/l/email-protection#4d272420633f383925283f2b223f290d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="49232024673b3c3d212c3b2f263b2d092f2828672e263f">[email protected]</span></a>. 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

[[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: <a href="/cdn-cgi/l/email-protection#2f4b465d445c6f4b480249435a48554a5a484d4e5a014b4a"><span class="__cf_email__" data-cfemail="9afef3e8f1e9dafefdb7fcf6effde0ffeffdf8fbefb4feff">[email protected]</span></a>; 
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


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