[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Proposed Rules]
[Pages 29106-29108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11371]


 ========================================================================
 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. 69, No. 98 / Thursday, May 20, 2004 / 
Proposed Rules  

[[Page 29106]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-CE-06-AD]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH, Model DG-500MB 
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 certain DG Flugzeugbau GmbH, Model DG-500MB sailplanes. This 
proposed AD would require you to replace the engine pylon extension/
retraction Warner LA10 spindle drive with an improved designed Stross 
BSA 10 spindle drive and to modify the electrical system following 
applicable service information. This proposed AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. We are issuing this proposed AD to 
prevent failure of the Warner LA10 spindle drive, which could result in 
the engine pylon not rising or lowering. This condition could cause an 
unstable engine pylon assembly during flight with loss of control of 
the sailplane.

DATES: We must receive any comments on this proposed AD by July 9, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     By mail: FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2004-CE-06-AD, 901 Locust, Room 
506, Kansas City, Missouri 64106.
     By fax: (816) 329-3771.
     By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2004-CE-06-AD'' in the subject 
line. If you send comments electronically as attached electronic files, 
the files must be formatted in Microsoft Word 97 for Windows or ASCII.
    You may get the service information identified in this proposed AD 
from DG Flugzeugbau, Postbox 41 20, 76625 Bruchsal, Germany; telephone, 
49 7257 890; fax, 49 7257 8922.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2004-CE-06-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

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 ``AD Docket No. 2004-CE-06-AD'' in the 
subject line of your comments. If you want us to acknowledge receipt of 
your mailed comments, send us a self-addressed, stamped postcard with 
the docket number written on it. We will date-stamp your postcard and 
mail it back to you.

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.

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 DG Flugzeugbau GmbH, Model DG-500MB sailplanes, all serial numbers 
up to and including 5E220B15. The LBA reports two separate fatigue 
failures of the Warner LA10 spindle drive.

What Are the Consequences if the Condition Is Not Corrected?

    Failure of the Warner LA10 spindle drive could result in the engine 
pylon not rising or lowering, which could cause an unstable engine 
pylon assembly during flight. Failure of the engine pylon assembly 
during flight could result in loss of control of the sailplane.

Is There Service Information That Applies to This Subject?

    DG Flugzeugbau GmbH has issued Technical Note No. 843/18, issue 2, 
dated June 25, 2003.

What Are the Provisions of This Service Information?

    The technical note includes procedures for installing the Stross 
BSA 10 spindle drive and modifying the electrical system.

What Action Did the LBA Take?

    The LBA classified this service bulletin as mandatory and issued 
Germany AD Number 2003-409, dated December 9, 2003, to ensure the 
continued airworthiness of these sailplanes in Germany.

Did the LBA Inform the United States Under the Bilateral Airworthiness 
Agreement?

    The DG Flugzeubau Model DG-500MB is manufactured in Germany and is 
type-certificated 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

[[Page 29107]]

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 DG Flugzeubau Model DG-500MB sailplanes of the same 
type design that are registered in the United States, we are proposing 
AD action to prevent failure of the spindle drive, which could result 
in the engine pylon not rising or lowering and cause an unstable engine 
pylon assembly during flight.

What Would This Proposed AD Require?

    This proposed AD would require you to replace the Warner LA10 
spindle drive with the Stross BSA 10 spindle drive and to modify the 
electrical system following Technical Note No. 843/18, issue 2, dated 
June 25, 2003.

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 4 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 accomplish the proposed 
replacement and modification that would be required.

----------------------------------------------------------------------------------------------------------------
                                                                            Total cost per       Total cost on
                     Labor cost                           Parts cost           sailplane        U.S. operators
----------------------------------------------------------------------------------------------------------------
12 work hours est. $65 per hour = $780..............             $2,662              $3.442             $13,768
----------------------------------------------------------------------------------------------------------------

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 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 No. 2004-CE-06-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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

DG Flugzeugbau GmbH: Docket No. 2004-CE-06-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 July 9, 2004.

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: DG Flugzeugbau Model 
DG-500MB, all serial numbers up to and including 5E220B15.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of Warner LA10 spindle drive failure. 
The actions specified in this AD are intended to prevent failure of 
the Warner LA10 spindle drive, which could result in the engine 
pylon not rising or lowering. This condition could cause an unstable 
engine pylon assembly during flight with consequent loss of control 
of the sailplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Replace the Warner LA10       Replace and modify    Follow the
 spindle drive with the        within 25 hours       instructions in
 Stross BSA 10 spindle drive   time in service       Technical Note No.
 and make any necessary        (TIS) after the       843/18 issue 2,
 electrical modifications      effective date of     dated June 25,
 including installation of     this AD.              2003.
 the voltage converter for
 the brake of the spindle
 drive.
------------------------------------------------------------------------

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,

[[Page 29108]]

Kansas City, Missouri 64106; telephone: 816-329-4130; facsimile: 
816-329-4090.

May I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents referenced in this AD 
from DG Flugzeugbau, Postbox 41 20, 76625 Bruchsal, Germany. You may 
view these documents at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

Is There Other Information That Relates to This Subject?

    (h) LBA airworthiness directive 2003-409, dated December 9, 
2003, and Technical Note No. 843/18, issue 2, dated June 25, 2003, 
also address the subject of this AD.

    Issued in Kansas City, Missouri, on May 12, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-11371 Filed 5-19-04; 8:45 am]
BILLING CODE 4910-13-P