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[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Proposed Rules]
[Pages 76330-76333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31425]

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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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for DG

[[Page 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-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: 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.

[[Page 76332]]

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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.

[[Page 76333]]

(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/tech-mitteilungen-e.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.

    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
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