[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Proposed Rules]
[Pages 76330-76333]
From the Federal Register Online via the Government Publishing 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: [email protected]. 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:
[email protected].
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:
[email protected]. 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: [email protected]. 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]
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