[Federal Register Volume 66, Number 6 (Tuesday, January 9, 2001)]
[Proposed Rules]
[Pages 1607-1610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-509]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-67-AD]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Model DG-800B 
Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain DG Flugzeugbau GmbH (DG Flugzeugbau) 
Model DG-800B Sailplanes. The proposed AD would require you to install 
an additional filter for the primer valve; inspect and align the 
exhaust system; modify the placement of the fuel lines if the fuel 
filter is installed at the front mounting point of the spindle drive; 
and secure the gas strut piston rod end using Loctite if the piston rod 
does rotate. The proposed AD is the result of mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Germany. The actions specified by the proposed AD are intended to 
prevent failure of the fuel line, exhaust system, and piston rod of the 
gas strut, which could result in failure of the engine. Such failure 
could lead to loss of power during critical stages of flight.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule by February 20, 2001.

ADDRESSES: Send three copies of your comments to FAA, Central Region, 
Office of the Regional Counsel, Attention: Rules Docket No. 99-CE-67-
AD, 901 Locust, Room 506, Kansas City, Missouri 64106. You may read 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except holidays.
    You may get service information that applies to the proposed AD 
from DG Flugzeugbau, Postbox 41 20, D-76646 Bruchsal, Federal Republic 
of Germany; telephone: +49 7257-890; facsimile: +49 7257-8922. You may 
read this information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on the proposed AD? We invite your comments on the 
proposed rule. You may send whatever written data, views, or arguments 
you choose. You need to include the rule's docket number and send your 
comments in triplicate to the address specified under the caption 
ADDRESSES. We will consider all comments received by the closing date 
specified above, before acting on the proposed rule. We may change the 
proposals contained in this notice in light of the comments received.
    Are there any specific portions of the proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
rule that might require a change to the proposed rule. You may look at 
all comments we receive. We will file a report in the Rules Docket that 
summarizes each FAA contact with the public that concerns the 
substantive parts of this proposal.
    We are re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on the 
ease of understanding this document, and any other suggestions you 
might have to improve the clarity of FAA communications that affect 
you. You can get more information about the Presidential memorandum and 
the plain language initiative at http://www.faa.gov/language/.
    How can I be sure FAA receives my comment? If you want us to 
acknowledge the receipt of your comments, you must include a self-
addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 99-CE-67-AD.'' We will date stamp and mail the postcard back 
to you.

Discussion

    What events have caused this proposed AD? The Luftfahrt-Bundesamt 
(LBA), which is the airworthiness authority for the Federal Republic of 
Germany, recently notified FAA that an unsafe condition may exist on 
all Model DG-800B sailplanes equipped with a SOLO engine. The LBA 
reports that an extensive review of the service history revealed 
failures of the primer valve, exhaust system, fuel line, exhaust and 
piston rod of the gas strut for the engine.
    What are the consequences if the condition is not corrected? The 
actions specified by the proposed AD are intended to prevent failure of 
the fuel line, exhaust system, and piston rod of the gas strut, which 
could result in failure of the engine. Such failure could lead to loss 
of power during critical stages of flight.
    Is there service information that applies to this subject? DG 
Flugzeugbau has issued these technical notes (TN):

--TN No. 873/12, dated March 9, 1999; and
--TN No. 873/13, dated June 30, 1999.

    What are the provisions of these service bulletins? These service 
bulletins includes procedures for:

--Installing an additional filter for the primer valve;
--Inspecting and aligning the exhaust system;
--Modifying the placement of the fuel lines if the fuel filter is 
installed at the front mounting point of the spindle drive; and
--Securing the gas strut piston rod end using Loctite, if the piston 
rod does rotate.

    What action did the LBA take? The LBA classified this service 
information as mandatory and issued German AD Number 1999-167, dated 
May 20, 1999, and German AD Number 1999-269, dated July 22, 1999, in 
order to assure the continued airworthiness of these sailplanes in the 
Germany.
    Was this in accordance with the bilateral airworthiness agreement? 
These sailplane models are manufactured in Germany and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation

[[Page 1608]]

Regulations (14 CFR 21.29) and the applicable bilateral airworthiness 
agreement.
    Complying with this bilateral airworthiness agreement, the LBA has 
kept FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

    What has FAA decided? The FAA has examined the findings of the LBA; 
reviewed all available information, including the service information 
referenced above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other DG Flugzeugbau Model DG-800B sailplanes of the same 
type design;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected sailplanes; and
--AD action should be taken in order to correct this unsafe condition.

    What would the proposed AD require? This proposed AD would require 
you to do the actions specified in the previously referenced serviced 
information.

Cost Impact

    How many sailplanes would the proposed AD impact? We estimate that 
the proposed AD would affect 6 sailplanes in the U.S. registry.
    What would be the cost impact of the proposed AD on owners/
operators of the affected sailplanes? We estimate the following costs 
to do the proposed installation of an additional filter for the primer 
valve:

----------------------------------------------------------------------------------------------------------------
                                                                     Total cost for       Total cost on  U.S.
              Labor cost                        Parts cost           each sailplane            operators
----------------------------------------------------------------------------------------------------------------
2 workhours  x  $60 = 120.............  Manufacturer will provide               $120   6 sailplanes  x  $120 =
                                         the parts at no cost.                          $720.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to inspect and align the exhaust 
system:

----------------------------------------------------------------------------------------------------------------
                                                                     Total cost for       Total cost on  U.S.
              Labor cost                        Parts cost           each sailplane            operators
----------------------------------------------------------------------------------------------------------------
1 workhour  x  $60....................  The manufacturer will                    $60   6 sailplanes  x  $60 =
                                         provide the parts at no                        $360.
                                         cost.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to modify the placement of the fuel 
lines:

----------------------------------------------------------------------------------------------------------------
                                                                     Total cost for        Total cost on U.S.
              Labor cost                        Parts cost           each sailplane            operators
----------------------------------------------------------------------------------------------------------------
1 workhour  x  $60....................  Manufacturer will provide                $60   6 sailplanes  x  $60 =
                                         the parts at no cost.                          $360.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to secure the gas strut rod end:

----------------------------------------------------------------------------------------------------------------
                                                                     Total cost for        Total cost on U.S.
              Labor cost                        Parts cost           each sailplane            operators
----------------------------------------------------------------------------------------------------------------
1 workhour  x  $60....................  Manufacturer will provide                $60   6 sailplanes  x  $60 =
                                         the parts at no cost.                          $360.
----------------------------------------------------------------------------------------------------------------

Compliance Time of the Proposed AD

    What would be the compliance time of the proposed AD? Unless 
already done, the compliance times of this proposed AD are:

------------------------------------------------------------------------
                Compliance                             Action
------------------------------------------------------------------------
Within the next 3 calendar months after     Install an additional filter
 the effective date of this AD.              for the primer valve.
Within the next 3 calendar months after     Inspect and align the
 the effective date of this AD.              exhaust system.
Within the next 30 days after the           Modify the placement of the
 effective date of this AD.                  fuel lines.
Within the next 30 days after the           Remove the gas strut from
 effective date of this AD.                  the engine mount and secure
                                             the rod end using Loctite.
------------------------------------------------------------------------

    Why is the compliance time presented in calendar time instead of 
hours time-in-service (TIS)? Although the failures of the fuel line, 
exhaust system, and piston rod of the gas strut occur during flight, 
the condition is not a direct result of sailplane operation. A calendar 
time for compliance will ensure that the unsafe conditions are 
addressed on all sailplanes in a reasonable time period. Sailplane 
operation varies among operators. For example, one operator may use the 
sailplane 50 hours TIS in 3 months while it may take another 12 months 
or more to accumulate 50 hours TIS. In order to ensure that preventive 
and corrective actions are done in a timely manner, the compliance time 
for installing an additional filter for the primer valve and inspecting 
and aligning the exhaust system is required within the next three 
calendar months after the effective date of this AD, unless already 
done.
    Because of the impact on safety, the compliance time for modifying 
the placement of the fuel lines and removing the gas strut from the 
engine mount and securing the rod end using Loctite is required within 
the next 30 days after the effective date of this AD, unless already 
done.

Regulatory Impact

    Would this proposed AD impact various entities? The regulations 
proposed would not have a substantial direct effect on the States, on 
the relationship between the national government and the States, or on 
the

[[Page 1609]]

distribution of power and responsibilities among the various levels of 
government. Therefore, it is determined that this proposed rule would 
not have federalism implications under Executive Order 13132.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
action (1) is not a ``significant regulatory action'' under Executive 
Order 12866; (2) is not a ``significant rule'' under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if 
issued, 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. A copy of the draft regulatory 
evaluation prepared for this action has been placed in the Rules 
Docket. A copy of it may be obtained by contacting the Rules Docket at 
the location provided under the caption ``ADDRESSES''.

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 
part 39 of the Federal Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

DG Flugzeugbau GMBH: Docket No. 99-CE-67-AD

    (a) What sailplanes are affected by this AD? This AD affects the 
following sailplane models and serial numbers that are certificated 
in any category;

------------------------------------------------------------------------
                 Model                             Serial Nos.
------------------------------------------------------------------------
DG-800B with SOLO engine...............  8-001 through 8-128 for
                                          paragraph (d)(1) of this AD.
DG-800B with SOLO engine...............  8-001 through 8-154 for
                                          paragraph (d)(2) of this AD.
DG-800B with SOLO engine...............  all serial numbers for
                                          paragraphs (d)(3) through (4)
                                          of this AD.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above sailplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent failure of the fuel line, exhaust 
system, and piston rod of the gas strut, which could result in 
failure of the engine. Such failure could lead to loss of power 
during critical stages of flight.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must do the following unless already done:

------------------------------------------------------------------------
           Actions               Compliance time         Procedures
------------------------------------------------------------------------
(1) Install an additional     Within the next 3     Do this action
 filter for the primer valve.  calendar months       following the
                               after the effective   Instructions
                               date of this AD.      paragraph of DG
                                                     Flugzeugbau
                                                     Technical Note (TN)
                                                     No. 873/12, dated
                                                     March 9, 1999, and
                                                     Working Instruction
                                                     No. 1 for TN No.
                                                     873/12.
(2) Inspect and align the     Within the next 3     Do this action
 exhaust system.               calendar months       following the
                               after the effective   Instructions
                               date of this AD.      paragraph of DG
                                                     Flugzeugbau TN No.
                                                     873/12, dated March
                                                     9, 1999, and
                                                     working Instruction
                                                     No. 2 for TN No.
                                                     873/12.
(3) If the fuel filter is     Within the next 30    Do this action
 installed at the front        days after the        following the
 mounting point of the         effective date of     Instructions
 spindle drive, modify the     this AD.              paragraph of DG
 placement of the fuel lines.                        Flugzeugbau TN No.
                                                     873/13, dated June
                                                     30, 1999.
(4) If there is no paint      Within the next 30    Do this action
 marking (torque putty) or     days after the        following the
 if the marking proves that    effective date of     Instructions
 the piston rod rotates,       this AD.              paragraph of DG
 remove the gas strut from                           Flugzeugbau TN No.
 the engine mount and secure                         873/13, dated June
 the rod end using Loctite,                          30, 1999, and the
 then apply marking paint                            maintenance manual.
 line (torque putty).
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Send your request through an FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Small Airplane Directorate.

    Note 1: This AD applies to each sailplane identified in 
paragraph (a) of this AD, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For sailplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if you have not eliminated the unsafe 
condition, specific actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? You can contact Mike Kiesov, 
Aerospace engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64016; telephone: (816) 329-4144; 
facsimile: (816) 329-4090.
    (g) What if I need to fly the sailplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your sailplane to a location where 
you can do the requirements of this AD.
    (h) How do I get copies of the documents reference in this AD? 
You may get copies of the documents referenced in this AD from DG 
Flugzeugbau, Postbox 41 20, D-76646 Bruchsal, Federal Republic of 
Germany; telephone: +49 7257-890; facsimile: +49 7257-8922. You may 
read these documents at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Note 2: The subjects of this AD are addressed in German Ad 1999-
269, Effective

[[Page 1610]]

Date: July 22, 1999, and German AD 1999-167, Effective Date: May 20, 
1999.


    Issued in Kansas City, Missouri, on January 2, 2001.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-509 Filed 1-8-01; 8:45 am]
BILLING CODE 4910-13-U