58110 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22157; Directorate 

Identifier 2005–CE–44–AD] 

RIN 2120–AA64 

Airworthiness Directives; Glaser-Dirks 

Flugzeugbau GmbH Models DG–100 

and DG–400 Sailplanes and DG 

Flugzeugbau GmbH Models DG–500 

Elan Series and DG–500M Sailplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Glaser-Dirks Flugzeugbau GmbH Models 

DG–100 and DG–400 sailplanes and 

certain DG Flugzeugbau GmbH Models 

DG–500 Elan Series and DG–500M 

sailplanes. This proposed AD would 

require you to modify or replace the 

complete rudder mount assembly and 

ensure that the securing washer, 

castellated nut, and new split pins are 

installed. This proposed AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the airworthiness authority for 

Germany. We are issuing this proposed 

AD to prevent the universal bearing of 

the lower rudder mounting from 

slipping out of the bearing support. The 

universal bearing slipping out could 

result in the rudder separating from its 

support. This failure could lead to loss 

of sailplane control during flight 

operations. 

DATES: We must receive any comments 

on this proposed AD by November 9, 

2005. 

ADDRESSES: Use one of the following to 

submit comments on this proposed AD: 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To get the service information 

identified in this proposed AD, contact 

DG Flugzeugbau, Postbox 41 20, D–

76625 Bruchsal, Federal Republic of 

Germany; telephone: 011–49 7257–890; 

facsimile: 011–49 7257–8922. 

To view the comments to this 

proposed AD, go to http://dms.dot.gov. 

This is docket number FAA–2005–

22157; Directorate Identifier 2005–CE–

44–AD. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, ACE–

112, Room 301, 901 Locust, Kansas City, 

Missouri 64106; telephone: 816–329–

4130; facsimile: 816–329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

How do I comment on this proposed 

AD? We invite you to submit any 

written relevant data, views, or 

arguments regarding this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include the docket 

number, ‘‘FAA–2005–22157; Directorate 

Identifier 2005–CE–44–AD’’ at the 

beginning of your comments. We will 

post all comments we receive, without 

change, to http://dms.dot.gov, including 

any personal information you provide. 

We will also post a report summarizing 

each substantive verbal contact with 

FAA personnel concerning this 

proposed rulemaking. Using the search 

function of our docket Web site, anyone 

can find and read the comments 

received into any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). This is 

docket number FAA–2005–22157; 

Directorate Identifier 2005–CE–44–AD. 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit 

http://dms.dot.gov. 

Are there any specific portions of this 

proposed AD I should pay attention to? 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this proposed AD. If you contact us 

through a nonwritten communication 

and that contact relates to a substantive 

part of this proposed AD, we will 

summarize the contact and place the 

summary in the docket. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD in light of those comments 

and contacts. 

Docket Information 

Where can I go to view the docket 

information? You may view the AD 

docket that contains the proposal, any 

comments received, and any final 

disposition in person at the DMS Docket 

Offices between 9 a.m. and 5 p.m. 

(eastern time), Monday through Friday, 

except Federal holidays. The Docket 

Office (telephone 1–800–647–5227) is 

located on the plaza level of the 

Department of Transportation NASSIF 

Building at the street address stated in 

ADDRESSES. You may also view the AD 

docket on the Internet at http:// 

dms.dot.gov. The comments will be 

available in the AD docket shortly after 

the DMS receives them. 

Discussion 

What events have caused this 

proposed AD? The Luftfahrt-Bundesamt 

(LBA), which is the airworthiness 

authority for Germany, recently notified 

FAA that an unsafe condition may exist 

on all Glaser-Dirks Flugzeugbau GmbH 

Models DG–100 and DG–400 sailplanes 

and certain DG Flugzeugbau GmbH 

Models DG–500 Elan Series and DG–

500M sailplanes. The LBA reports that 

on a Model DG–100 sailplane the 

universal bearing of the lower rudder 

mounting slipped out of the bearing 

support and the rudder fell out. Further, 

the LBA reports that this kind of failure 

may occur on other DG series sailplanes. 

What is the potential impact if FAA 

took no action? The universal bearing 

slipping out could result in the rudder 

separating from its support. This failure 

could lead to loss of sailplane control 

during flight operations. 

Is there service information that 

applies to this subject? DG Flugzeugbau 

has issued Technical Note No. 301/23 

issue 2, 323/14 issue 2, 348/18 issue 2, 

359/21 issue 2, 370/9 issue 2, 826/44 

issue 2, 843/21 issue 2, 866/10 issue 2, 

dated June 11, 2004, amended July 7, 

2004. 

What are the provisions of this service 

information? The service bulletin 

includes procedures for: 

—Inspecting the outer bearing ring in 

the rudder mounting for correct 

installation; 

—Modifying or replacing the complete 

rudder mounting assembly; and 

—Ensuring that the securing washer, 

castellated nut, and new split pins 

are installed. 

What action did the LBA take? The 

LBA classified this service bulletin as 

mandatory and issued German AD 

Number D–2004–348R1, dated 

September 16, 2004, to ensure the 

continued airworthiness of these 

sailplanes in Germany. 

Did the LBA inform the United States 

under the bilateral airworthiness 

agreement? These Glaser-Dirks 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Proposed Rules 58111 

Flugzeugbau GmbH Models DG–100 and 

DG–400 sailplanes and certain DG 

Flugzeugbau GmbH Models DG–500 

Elan Series and DG–500M sailplanes are 

manufactured in Germany and are typecertificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. 

Under this bilateral airworthiness 

agreement, the LBA has kept us 

informed of the situation described 

above. 

FAA’s Determination and Requirements 

of This Proposed AD 

What has FAA decided? We have 

examined the LBA’s findings, reviewed 

all available information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Since the unsafe condition described 

previously is likely to exist or develop 

on other Glaser-Dirks Flugzeugbau 

GmbH Models DG–100 and DG–400 

sailplanes and certain DG Flugzeugbau 

GmbH Models DG–500 Elan Series and 

DG–500M sailplanes of the same type 

design that are registered in the United 

States, we are proposing AD action to 

prevent the universal bearing of the 

lower rudder mounting slipping out of 

the bearing support. The universal 

bearing slipping out could result in the 

rudder separating from its support. This 

failure could lead to loss of sailplane 

control during flight operations. 

What would this proposed AD 

require? This proposed AD would 

require you to modify or replace the 

complete rudder mount assembly and 

ensure that the securing washer, 

castellated nut, and new split pins are 

installed. 

How does the revision to 14 CFR part 

39 affect this proposed AD? On July 10, 

2002, we published a new version of 14 

CFR part 39 (67 FR 47997, July 22, 

2002), which governs FAA’s AD system. 

This regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance. This material previously 

was included in each individual AD. 

Since this material is included in 14 

CFR part 39, we will not include it in 

future AD actions. 

Costs of Compliance 

How many sailplanes would this 

proposed AD impact? We estimate that 

this proposed AD affects 75 sailplanes 

in the U.S. registry. 

What would be the cost impact of this 

proposed AD on owners/operators of the 

affected sailplanes? We estimate the 

following costs to do this proposed 

replacement of the complete rudder 

mount assembly. We have no way of 

determining the number of sailplanes 

that may need this replacement: 

Labor cost Parts 

cost 

Total cost per 

sailplane 

2 work hours × $65 = $130 ................................................................................................................................................. $265 $395 

We estimate the following costs to do 

this proposed modification of the 

complete rudder mount assembly. We 

have no way of determining the number 

of sailplanes that may need this 

modification: 

Labor cost Parts cost Total cost per 

sailplane 

3 work hours × $65 = $195 .......................................................................................... Not Applicable ........................................... $195 

Authority for This Rulemaking 

What authority does FAA have for 

issuing this rulemaking action? 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 AD. 

Regulatory Findings 

Would this proposed AD impact 

various entities? We have 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. 

Would this proposed AD involve a 

significant rule or regulatory action? For 

the reasons discussed above, I certify 

that this proposed 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); and 

3. 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. 

We prepared a summary of the costs 

to comply with this proposed AD (and 

other information as included in the 

Regulatory Evaluation) and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘AD Docket FAA–2005–22157; 

Directorate Identifier 2005–CE–44–AD’’

in your request. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

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. 

58112 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Proposed Rules 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

DG Flugzeugbau GmbH and Glaser-Dirks 

Flugzeugbau GmbH: Docket No. FAA–

2005–22157; Directorate Identifier 2005–

CE–44–AD. 

When Is the Last Date I Can Submit 

Comments on This Proposed AD? 

(a) We must receive comments on this 

proposed airworthiness directive (AD) by 

November 9, 2005. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Sailplanes Are Affected by This AD? 

(c) This AD affects the following sailplane 

models and serial numbers that are 

certificated in any category: 

Model Serial numbers 

DG–100 .................................................................................................... All Serial Numbers. 

DG–400 .................................................................................................... All Serial Numbers. 

DG–500 Elan Series ................................................................................. All Serial Numbers Through 5E23. 

DG–500M ................................................................................................. All Serial Numbers Through 5E23. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of mandatory 

continuing airworthiness information (MCAI) 

issued by the airworthiness authority for 

Germany. The actions specified in this AD 

are intended to prevent the universal bearing 

of the lower rudder mounting from slipping 

out of the bearing support. The universal 

bearing slipping out could result in the 

rudder separating from its support. This 

failure could lead to loss of sailplane control 

during flight operations. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following: 

Actions Compliance Procedures 

(1) Modify or replace the complete rudder 

mounting assembly.

Within the next 25 hours time-in-service (TIS) 

after the effective date of this AD, unless already done.

Follow DG Flugzeugbau GmbH Technical 

Note No. 301/23 issue 2, 323/14 issue 2, 

348/18 issue 2, 359/21 issue 2, 370/9 issue 

2, 826/44 issue 2, 843/21 issue 2, 866/10 

issue 2, dated June 11, 2004, amended 

July 7, 2004 

(2) Ensure that the securing washer, castellated 

nut, and split pins are installed as specified 

by the DG Flugzeugbau GmbH Technical 

Note No. 301/23 issue 2, 323/14 issue 2, 

348/18 issue 2, 359/21 issue 2, 370/9 issue 

2, 826/44 issue 2, 843/21 issue 2, 866/10 

issue 2, dated June 11, 2004, amended July 

7, 2004.

Before further flight after the modification or 

replacement of the complete rudder mounting assembly required by paragraph (e)(1) 

of this AD.

Follow DG Flugzeugbau GmbH Technical 

Note No. 301/23 issue 2, 323/14 issue 2, 

348/18 issue 2, 359/21 issue 2, 370/9 issue 

2, 826/44 issue 2, 843/21 issue 2, 866/10 

issue 2, dated June 11, 2004, amended 

July 7, 2004. 

Note: Until the actions of this AD are done, 

the FAA strongly recommends that an FAAcertified mechanic perform a daily pre-flight 

inspection to check the position of the outer 

bearing ring following the requirements of 

DG Flugzeugbau GmbH Technical Note No. 

301/23 issue 2, 323/14 issue 2, 348/18 issue 

2, 359/21 issue 2, 370/9 issue 2, 826/44 issue 

2, 843/21 issue 2, 866/10 issue 2, dated June 

11, 2004, amended July 7, 2004. If the bearing 

is displaced, we recommend that you 

discontinue flight operations until you 

modify or replace the complete rudder mount 

assembly and ensure that the securing 

washer, castellated nut, and new split pins 

are installed. 

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, Small Airplane 

Directorate, FAA. For information on any 

already approved alternative methods of 

compliance, contact Gregory Davison, 

Aerospace Engineer, FAA, Small Airplane 

Directorate, ACE–112, Room 301, 901 Locust, 

Kansas City, Missouri 64106; telephone: 816–

329–4130; facsimile: 816–329–4090. 

Is There Other Information That Relates to 

This Subject? 

(g) German AD Number D–2004–348R1, 

dated September 16, 2004, also addresses the 

subject of this AD. 

May I Get Copies of the Documents 

Referenced in This AD? 

(h) To get copies of the documents 

referenced in this AD, contact DG 

Flugzeugbau, Postbox 41 20, D–76625 

Bruchsal, Federal Republic of Germany; 

telephone: 011–49 7257–890; facsimile: 011–

49 7257–8922. To view the AD docket, go to 

the Docket Management Facility; U.S. 

Department of Transportation, 400 Seventh 

Street, SW., Nassif Building, Room PL–401, 

Washington, DC, or on the Internet at http:// 

dms.dot.gov. This is docket number FAA–

2005–22157; Directorate Identifier 2005–CE–

44–AD. 

Issued in Kansas City, Missouri, on 

September 28, 2005. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19935 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R06–OAR–2005–TX–0023; FRL–7981–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Emissions Banking and Trading 

Revisions for the Mass Emissions Cap 

and Trade Program for the Houston/ 

Galveston/Brazoria Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Texas State 

Implementation Plan (SIP) concerning 

the Mass Emissions Cap and Trade 

(MECT) program for emissions of 

nitrogen oxides (NOX) in the Houston/ 

Galveston/Brazoria (HGB) ozone 

nonattainment area. Additionally, EPA 

is proposing approval of several 

subsections of Chapter 116 of the Texas 

Administrative Code (TAC) (Control of 

Air Pollution by Permits for New