[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67013-67015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25955]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0927; Directorate Identifier 2013-CE-030-AD; 
Amendment 39-17644; AD 2013-22-12]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all DG 
Flugzeugbau GmbH Models DG-800A, DG-800B, DG-500MB gliders. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued by the aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as a defective starter motor control unit, which 
could activate the starter motor without pressing the starter button. 
We are issuing this AD to require actions to address the unsafe 
condition on these products.

[[Page 67014]]


DATES: This AD is effective November 18, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 18, 
2013.
    We must receive comments on this AD by December 23, 2013.

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 AD, contact DG-
Flugzeugbau GmbH, 76646 Bruchsal, Germany; telephone: +49 7251 3020 
140; fax: +49 7251 3020 269; Internet: http://www.dg-flugzeugbau.de/index.php?id=1329; email: [email protected]. You may view this 
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 by searching for and locating it in Docket No. FAA-
2013-0927; 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 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: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No. 2013-0212, dated September 13, 2013 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    About 8% of the produced starter motor control units, as 
installed in DG-800 and DG-500MB powered sailplanes, have reportedly 
been sent in for repair with a defective starter motor control. 
Investigation results showed that a short circuit can activate the 
starter motor without pressing the starter button.
    This condition, if not corrected, could cause sudden rotation of 
the propeller, possibly resulting in injury to the pilot or other 
persons.
    To address the potential unsafe condition, DG-Flugzeugbau issues 
Technical Note (TN) No. 800/42, 500/06 (single document).
    For the reason described above, this AD requires identification 
and replacement of the affected control units.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2013-0927.

Relevant Service Information

    DG Flugzeugbau GmbH has issued Technical note No. 800/42, 500/06 
(co-published as one document), dated May 29, 2013. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
starter motor could become activated without pressing the starter 
button and cause sudden propeller rotation, which could result in 
injury to the pilot and/or other persons. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-0927; Directorate 
Identifier 2012-CE-030-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 27 products of U.S. registry. 
We also estimate that it will take about .5 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $1,147.50, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 2 work-hours and require parts costing $302, for a cost of 
$472 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

[[Page 67015]]

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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 that this 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),
    (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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2013-22-12 DG Flugzeugbau GmbH: Amendment 39-17644; Docket No. FAA-
2013-0927; Directorate Identifier 2012-CE-036-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 18, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH DG-800A, DG-800B, and DG-
500MB gliders, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 80: Engine 
Starting.

(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 a defective 
starter motor control, which could activate the starter motor 
without pressing the starter button. We are issuing this AD to 
prevent sudden propeller rotation, which could result in injury to 
the pilot and/or other persons.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) and 
(f)(2) of this AD:
    (1) Within 10 days after November 18, 2013 (the effective date 
of this AD), inspect to determine if an unmodified starter control 
unit is installed. If an unmodified starter control unit is 
installed, remove the unit and replace it with a modified unit. Do 
the removal and replacement following the Instructions section of DG 
Flugzeugbau GmbH Technical note No. 800/42, 500/06 (co-published as 
one document), dated May 29, 2013.
    (2) As of November 18, 2013 (the effective date of this AD), do 
not install any starter motor control unit unless it has been 
modified and labeled with placard ``MS.''

(g) 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 glider 
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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2013-0212, dated September 13, 2013, for related information. You 
may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2013-0927. For 
service information related to this AD, contact DG-Flugzeugbau GmbH, 
76646 Bruchsal, Germany; telephone: +49 7251 3020 140; fax: +49 7251 
3020 269; Internet: http://www.dg-flugzeugbau.de/index.php?id=1329; 
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.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) DG Flugzeugbau GmbH Technical note No. 800/42, dated May 29, 
2013.
    (ii) DG Flugzeugbau GmbH Technical note No. 500/06, dated May 
29, 2013.

    Note 1 to paragraph (i)(2): DG Flugzeugbau GmbH Technical note 
No. 800/42, dated May 29, 2013, and DG Flugzeugbau GmbH Technical 
note No. 500/06, dated May 29, 2013, are co-published as one 
document.

    (3) For DG-Flugzeugbau GmbH service information identified in 
this AD, contact DG-Flugzeugbau GmbH, 76646 Bruchsal, Germany; 
telephone: +49 7251 3020 140; fax: +49 7251 3020 269; Internet: 
http://www.dg-flugzeugbau.de/index.php?id=1329; email: [email protected].
    (4) You may view this 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on October 24, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-25955 Filed 11-7-13; 8:45 am]
BILLING CODE 4910-13-P