AD 2012-15-07

[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46940-46943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-19088]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0046; Directorate Identifier 2011-CE-040-AD; 
Amendment 39-17136; AD 2012-15-07]
RIN 2120-AA64


Airworthiness Directives; Glasflugel 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 
Glasflugel Models Standard Libelle-201B, Club Libelle 205, Mosquito, 
and Kestrel 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 corrosion 
damage to the elevator control rod that could lead to failure of the 
elevator control rod, possibly resulting in loss of control of the 
glider. We are issuing this AD to require actions to address the unsafe 
condition on these products.

DATES: This AD is effective September 11, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 11, 
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 the 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 Glasfaser 
Flugzeug-Service Hansj[ouml]rg Streifeneder GmbH, D-72582 
Grabenstetten, Germany; phone: +49(0)73821032, fax: +49(0)73821629; 
email: <a href="/cdn-cgi/l/email-protection#f891969e97b88b8c8a9d919e9481d69c9d"><span class="__cf_email__" data-cfemail="ddb4b3bbb29daea9afb8b4bbb1a4f3b9b8">[email&#160;protected]</span></a>; Internet: www.streifly.de/. 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.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106;

[[Page 46941]]

telephone: (816) 329-4165; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#fa909397d4888f8e929f889c95889eba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="f3999a9edd8186879b9681959c8197b3959292dd949c85">[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 19, 2012 (77 
FR 2674). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A broken elevator control rod in the vertical fin on a Kestrel 
sailplane has been reported. The technical investigation revealed 
that water had soaked into the elevator control rod through a 
control bore hole and resulted in corrosion damage. The 
investigation concluded as well that the corrosion cannot be 
detected from outside the elevator control rod.
    This condition, if not detected and corrected, could lead to 
failure of the elevator control rod, possibly resulting in loss of 
control of the sailplane.
    To address this unsafe condition, Glasfaser Flugzeug-Service 
GmbH have developed and published Technical Note (TN) TN 201-40, TN 
205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, TN 
604-11, which provides instructions for elevator control rod 
inspection and replacement.
    For the reasons described above, EASA issued AD 2011-0213 to 
require a one-time inspection and replacement of the affected 
elevator control rod with an improved part.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Request FAA Withdraw the Proposed AD

    Jack Corneveaux wrote that virtually all gliders covered under this 
proposed action are stored in covered trailers or hangers and not left 
out in the weather. Therefore, they are not subject to problems from 
moisture. He claims that those few gliders that have had the elevator 
control rod replaced were found with the original elevator control rod 
in perfect condition.
    The commenter also wrote that this rule was generated in Europe due 
to one instance where an elevator control rod on a Hornet was 
defective. He states that we do not know if this aircraft was 
mistreated by leaving it out in the weather or any other details that 
might have caused the problem. Jack Corneveaux concluded that the 
proposed fix is expensive, time consuming, and probably unnecessary.
    Although no specific change was requested, based on the comments, 
we infer that the commenter requested the FAA withdraw the proposed AD.
    We do not agree with the comments. The FAA cannot know the storage 
details of every aircraft on the U.S. registry. Therefore, we cannot 
determine the actual amount of time that any given aircraft is subject 
to the effects of weather, in general, and moisture, in particular. The 
European Aviation Safety Agency (EASA) issued MCAI based on a broken 
elevator control rod in the vertical fin on a Kestrel glider caused by 
corrosion damage from water soaking into the rod through a control bore 
hole.
    The investigation by EASA and the type certificate (TC) holder 
concluded that the corrosion could not be detected from outside the 
elevator control rod and, if not detected and corrected, could lead to 
a failure of the elevator control rod and resultant loss of control of 
the aircraft. We concur with the findings of EASA and the TC holder. 
While we recognize the financial burden that this AD places on the 
gliding community, this does not diminish the need to accomplish the 
inspection and replacement of the elevator control rod to address the 
unsafe condition.
    We have made no changes to this AD action based on these comments.

Request FAA Allow Certified A&P Mechanics To Accomplish AD Actions

    Jack Corneveaux requested that the FAA allow the actions of the 
proposed AD be done by any certified A&P mechanic since the recommended 
repair stations are hundreds of miles apart in the United States.
    Although not directly referenced within the comment, the repair 
station requirement comes from Glasfaser Flugzeug Service GmbH 
Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 304-12, 
TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 14, 2011 
(EASA translation approval dated September 9, 2011), referenced in the 
proposed AD which states in the Action section:

    Note: Replacement of control rod (Action 2 to 4) must be carried 
out by an authorised service facility.

    We agree with the comment because within the United States 
regulatory system, there is no need for the actions required by the AD 
to be done solely by a repair station. 14 CFR 43.3 defines who is 
authorized to perform maintenance, preventative maintenance, 
rebuilding, and alterations. This section includes certificated 
mechanics in addition to repair stations.
    We added text to the body of the AD that specifies that the actions 
mandated by this AD may be accomplished by persons authorized to 
perform maintenance in accordance with 14 CFR 43.3 and by persons 
authorized to approve aircraft for return to service after maintenance 
in accordance with 14 CFR 43.7.

Request FAA Approve Use of Endoscope As Alternate Inspection Method

    Jack Corneveaux suggested that the elevator control rod be 
inspected using an endoscope. He wrote that this alternative inspection 
method has been successfully accomplished in Australia.
    We do not agree with the comments. The FAA cannot make a 
determination of the acceptability of this alternative inspection 
method based on the information provided. The commenter may apply for 
an alternative method of compliance (AMOC) using the procedures found 
in 14 CFR 39.19. The commenter should include the AMOC application and 
all associated substantiating data for review.
    We have made no changes to this AD action based on these comments.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 2674, January 19, 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 2674, January 19, 2012).
    We also determined that these changes would not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 54 products of U.S. registry. 
We also estimate that it would take about 6 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $333 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $45,522, or $843 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 46942]]

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, 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:

2012-15-07 Glasflugel: Amendment 39-17136; Docket No. FAA-2012-0046; 
Directorate Identifier 2011-CE-040-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
11, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Glasflugel models and serial 
number (S/N) gliders, certificated in any category:
    (1) Club Libelle 205, all S/Ns
    (2) Kestrel, all S/Ns, except S/N 85, 110, and 125
    (3) Mosquito, all S/Ns
    (4) Standard Libelle-201B, S/N 169

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(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 corrosion damage 
to the elevator control rod that could lead to failure of the 
elevator control rod, possibly resulting in loss of control of the 
glider. 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) Within 30 days after September 11, 2012 (the effective date 
of this AD), inspect the elevator control rod in the vertical fin 
following Glasfaser Flugzeug-Service GmbH Technical Note TN 201-40, 
TN 205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, 
and TN 604-11, Revision 1, dated July 14, 2011 (EASA translation 
approval dated September 9, 2011), as applicable to glider model.
    (2) If you find any discrepancy in the inspection required by 
paragraph (f)(1) of this AD, before further flight, replace the 
elevator control rod with an elevator control rod that does not have 
a control bore hole, following Glasfaser Flugzeug-Service GmbH 
Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 304-
12, TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 14, 
2011 (EASA translation approval dated September 9, 2011), as 
applicable to glider model.
    (3) Within 9 months after September 11, 2012 (the effective date 
of this AD), unless already done as required by paragraph (f)(2) of 
this AD, replace the elevator control rod in the vertical fin with 
an elevator control rod that does not have a control bore hole, 
following Glasfaser Flugzeug-Service GmbH Technical Note TN 201-40, 
TN 205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, 
and TN 604-11, Revision 1, dated July 14, 2011 (EASA translation 
approval dated September 9, 2011), as applicable to glider model.
    (4) As of September 11, 2012 (the effective date of this AD), do 
not install an elevator control rod with a control bore hole.
    (5) The actions mandated by this AD may be accomplished by 
persons authorized to perform maintenance in accordance with 14 CFR 
43.3 and by persons authorized to approve aircraft for return to 
service after maintenance in accordance with 14 CFR 43.7.

(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#e68c8f8bc89493928e839480899482a6808787c8818990"><span class="__cf_email__" data-cfemail="5c363531722e292834392e3a332e381c3a3d3d723b332a">[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 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

[[Page 46943]]

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 European Aviation Safety Agency (EASA) AD No.: 
2011-0213R1, dated November 8, 2011; and Glasfaser Flugzeug-Service 
GmbH Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 
304-12, TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 
14, 2011 (EASA translation approval dated September 9, 2011), for 
related information. For service information related to this AD, 
contact Glasfaser Flugzeug-Service Hansj[ouml]rg Streifeneder GmbH, 
D-72582 Grabenstetten, Germany; phone: +49(0)73821032, fax: 
+49(0)73821629; email: <a href="/cdn-cgi/l/email-protection#9df4f3fbf2ddeee9eff8f4fbf1e4b3f9f8"><span class="__cf_email__" data-cfemail="61080f070e211215130408070d184f0504">[email&#160;protected]</span></a>; Internet: www.streifly.de/. 
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) 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:
    (i) Glasfaser Flugzeug Service GmbH Technical Note TN 201-40, TN 
205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, and 
TN 604-11, Revision 1, dated July 14, 2011.
    (ii) Reserved.
    (2) For service information identified in this AD, contact 
Glasfaser Flugzeug-Service Hansj[ouml]rg Streifeneder GmbH, D-72582 
Grabenstetten, Germany; phone: +49(0)73821032, fax: +49(0)73821629; 
email: <a href="/cdn-cgi/l/email-protection#5a33343c351a292e283f333c3623743e3f"><span class="__cf_email__" data-cfemail="a1c8cfc7cee1d2d5d3c4c8c7cdd88fc5c4">[email&#160;protected]</span></a>; Internet: www.streifly.de/.
    (3) 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.
    (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 July 18, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2012-19088 Filed 8-6-12; 8:45 am]
BILLING CODE 4910-13-P