[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Proposed Rules]
[Pages 2236-2238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-745]


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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]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Sailplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); extension of 
the comment period.

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SUMMARY: We are revising an earlier NPRM for DG Flugzeugbau GmbH DG-500 
Elan series sailplanes and Models 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 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, 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#7f1b160d140c3f1b185219130a18051a0a181d1e0a511b1a"><span class="__cf_email__" data-cfemail="cfaba6bda4bc8faba8e2a9a3baa8b5aabaa8adaebae1abaa">[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.

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#73191a1e5d0106071b1601151c0117331512125d141c05"><span class="__cf_email__" data-cfemail="650f0c084b1710110d0017030a1701250304044b020a13">[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-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://www.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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
December 7, 2011 (76 FR 76330). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM (76 FR 76330, December 7, 2011) was issued, we 
determined that all affected Model DG-500 Elan sailplanes were not 
included in the Applicability section.

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.
    Certain changes described above expand the scope of the earlier 
NPRM (76 FR 76330, December 7, 2011). As a result, we have determined 
that it is necessary to extend the comment period to provide additional 
opportunity for the public to comment on the proposed AD.

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 2.5 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor

[[Page 2237]]

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. operators to be $20,808, 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.


Sec.  39.13  [Amended]

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

DG Flugzeugbau GmbH: Docket No. Docket No. FAA-2011-1342; 
Directorate Identifier 2011-CE-038-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, 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.

(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.
    (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#177d7e7a396562637f7265717865735771767639707861"><span class="__cf_email__" data-cfemail="23494a4e0d5156574b4651454c5147634542420d444c55">[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

[[Page 2238]]

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 Avenue 
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. 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/tech-mitteilungen-e.html; 
email: <a href="/cdn-cgi/l/email-protection#7a1e130811093a1e1d571c160f1d001f0f1d181b0f541e1f"><span class="__cf_email__" data-cfemail="bbdfd2c9d0c8fbdfdc96ddd7cedcc1decedcd9dace95dfde">[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.

    Issued in Kansas City, Missouri, on January 10, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-745 Filed 1-13-12; 8:45 am]
BILLING CODE 4910-13-P


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