AD 2012-06-13

[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Pages 19063-19065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-7002]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0017; Directorate Identifier 2011-CE-039-AD; 
Amendment 39-16994; AD 2012-06-13]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for DG 
Flugzeugbau GmbH Models DG-500 Elan Orion, DG-500 Elan Trainer, DG-500/
20 Elan, DG-500/22 Elan, DG-500M, and DG-500MB gliders. This AD results 
from mandatory continuing airworthiness information (MCAI) issued 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 damage to the bulkhead of the glider's center of gravity 
(CG) tow hook that, if not detected and corrected, may lead to failure 
of the fiberglass structure during a winch launch. We are issuing this 
AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective May 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 4, 2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590.
    For service information identified in 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; email: <a href="/cdn-cgi/l/email-protection#aecac7dcc5ddeecac983c8c2dbc9d4cbdbc9cccfdb80cacb"><span class="__cf_email__" data-cfemail="64000d160f1724000349020811031e0111030605114a0001">[email&#160;protected]</span></a>; Internet: www.dg-
flugzeugbau.de. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust St., 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust St., Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#89e3e0e4a7fbfcfde1ecfbefe6fbedc9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="12787b7f3c6067667a7760747d6076527473733c757d64">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on January 17, 2012 (77 
FR 2234). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Occurrence of damage of the bulkhead of CG tow hook and its 
glued joints to fuselage shell was reported.
    Investigation concluded that this damage may occur after wheel 
up landing.
    Damage of bulkheads for CG tow hook of the sailplane or powered 
sailplane, if not detected and corrected, may lead to failure of 
glass fibre structure during a winch launch.
    DG-Flugzeugbau GmbH developed and published Technical Note (TN) 
No 500/04 with the associated Working Instruction No. 1 to detect 
and correct damaged CG tow hook bulkhead and its glued joints.
    For the above-mentioned reasons, this AD requires a one-time 
inspection of the CG tow hook and its reinforcement.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 2234, January 17, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 2234, January 17, 2012) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 2234, January 17, 2012).


[[Page 19064]]


The MCAI requires you to inspect the CG tow hook bulkhead for damage 
and reinforce the bulkhead.

Costs of Compliance

    We estimate that this AD will affect 16 products of U.S. registry. 
We also estimate that it will take about 5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $1,030 per 
product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $23,280, or $1,455 per product.

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 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM (77 FR 2234, January 17, 
2012), 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.

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:

2012-06-13 DG Flugzeugbau GmbH: Amendment 39-16994; Docket No. FAA-
2012-0017; Directorate Identifier 2011-CE-039-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 4, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH Models DG-500 Elan Orion, 
DG-500 Elan Trainer, DG-500/20 Elan, DG-500/22 Elan, DG-500M, and 
DG-500MB gliders, all serial numbers (S/N), certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 53: Fuselage.

(e) Reason

    This AD was prompted by damage to the bulkhead of the glider's 
center of gravity (CG) tow hook that, if not detected and corrected, 
may lead to failure of the fiberglass structure during a winch 
launch. We are issuing this AD to require actions to address the 
unsafe condition on these products.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) For all gliders: Within 30 days after May 4, 2012 (the 
effective date of this AD), inspect the bulkhead of the CG tow hook 
and the bulkhead's glued joints for damage following DG Flugzeugbau 
GmbH Technical Note No. 500/04, dated August 30, 2011; and DG 
Flugzeugbau Working Instruction No. 1 for TN500/04, dated August 30, 
2011.
    (2) For all gliders: If you find damage during the inspection 
required by paragraph (f)(1) of this AD, before further flight, 
reinforce the bulkhead of the CG tow hook following DG Flugzeugbau 
GmbH Technical Note No. 500/04, dated August 30, 2011; and DG 
Flugzeugbau Working Instruction No. 1 for TN500/04, dated August 30, 
2011.
    (3) For all gliders: Unless already done as required by 
paragraph (f)(2) of this AD, within 5 months after May 4, 2012 (the 
effective date of this AD), reinforce the bulkhead of the CG tow 
hook following DG Flugzeugbau GmbH Technical Note No. 500/04, dated 
August 30, 2011; and DG Flugzeugbau Working Instruction No. 1 for 
TN500/04, dated August 30, 2011.
    (4) For gliders with S/N 5E1 through S/N 5E23: While doing the 
modification required by paragraph (f)(2) or (f)(3) of this AD, 
install a new adapted tow hook access cover following DG Flugzeugbau 
GmbH Technical Note No. 500/04, dated August 30, 2011; and DG 
Flugzeugbau Working Instruction No. 1 for TN500/04, dated August 30, 
2011.
    (5) For all gliders: Although the European Aviation Safety 
Agency (EASA) MCAI and DG Flugzeugbau GmbH Technical Note No. 500/
04, dated August 30, 2011, allow the inspection required by 
paragraph (f)(1) of this AD to be done by a pilot-owner, the U.S. 
regulatory system requires all actions of this AD to be done by a 
certified mechanic.

(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: 
<a href="/cdn-cgi/l/email-protection#bfd5d6d291cdcacbd7dacdd9d0cddbffd9dede91d8d0c9"><span class="__cf_email__" data-cfemail="fa909397d4888f8e929f889c95889eba9c9b9bd49d958c">[email&#160;protected]</span></a>. Before using any approved AMOC on any 
airplane 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

[[Page 19065]]

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.

(h) Related Information

    Refer to MCAI EASA AD No.: 2011-0209, dated October 26, 2011; DG 
Flugzeugbau GmbH TN No 500/4, dated August 30, 2011; and DG 
Flugzeugbau Working Instruction No. 1, dated August 30, 2011, for 
related information.

(i) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the 
following service information:
    (i) DG Flugzeugbau GmbH Technical Note No. 500/04, dated August 
30, 2011; and
    (ii) DG Flugzeugbau Working Instruction No. 1 for TN500/04, 
dated August 30, 2011.
    (2) For service information identified in 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; email: <a href="/cdn-cgi/l/email-protection#4a2e233821390a2e2d672c263f2d302f3f2d282b3f642e2f"><span class="__cf_email__" data-cfemail="27434e554c546743400a414b52405d425240454652094342">[email&#160;protected]</span></a>; Internet: www.dg-
flugzeugbau.de.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on March 19, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-7002 Filed 3-29-12; 8:45 am]
BILLING CODE 4910-13-P