05-2765. Airworthiness Directives; DG Flugzeugbau GmbH Model DG-500MB Sailplanes and Glaser-Dirks Flugzeugbau GmbH Model DG-800B 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 all DG Flugzeugbau GmbH Model DG-500MB sailplanes equipped with a Solo engine and Glaser-Dirks Flugzeugbau GmbH Model DG-800B sailplanes equipped with a Solo engine. This proposed AD would require you to inspect the propeller for damage, specifically foam core separation, and replace any damaged propeller. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this proposed AD to detect and correct damage to the propeller, which could result in failure of the propeller to perform properly. This failure could lead to reduced or loss of control of the sailplane.

DATES:

We must receive any comments on this proposed AD by March 31, 2005.

ADDRESSES:

Use one of the following to submit comments on this proposed AD:

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the instructions for sending your comments electronically.

• Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically.
• Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001.
• Fax: [phone].
• Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

To get the service information identified in this proposed AD, contact DG Flugzeugbau, Postbox 41 20, 76625 Bruchsal, Germany; telephone, 49 7257 890; fax, 49 7257 8922.

To view the comments to this proposed AD, go to http://dms.dot.gov. This is docket number FAA-2004-19959.

FOR FURTHER INFORMATION CONTACT:

Gregory Davison, Aerospace Engineer, FAA, Small Airplane Directorate, ACE-112, Room 301, 901 Locust, Kansas City, Missouri 64106; telephone: [phone]; 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 the docket number, “FAA-2004-19959; Directorate Identifier 2004-CE-46-AD” at the beginning of your comments. We will post all comments we receive, without change, to http://dms.dot.gov,, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). This is docket number FAA-2004-19959. You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.

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.

Docket Information

Where can I go to view the docket information? You may view the AD docket that contains the proposal, any comments received, and any final disposition in person at the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern standard time), Monday through Friday, except Federal holidays. The Docket Office (telephone [phone]) is located on the plaza level of the Department of Transportation NASSIF Building at the street address stated in ADDRESSES. You may also view the AD docket on the Internet at

http://dms.dot.gov. The comments will be available in the AD docket shortly after the DMS receives them.

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 all DG Flugzeugbau GmbH Model DG-500MB sailplanes equipped with a Solo engine and all Glaser-Dirks Flugzeugbau GmbH Model DG-800B sailplanes equipped with a Solo engine. The LBA reports that a damaged propeller was found on a Model DG-800B sailplane.

The foam core inside the propeller separated and caused one blade to be thicker than the other. The propeller became overheated after the engine was retracted. This was possibly due to limited ventilation. The LBA reports three occurrences of this condition.

The propeller on Model DG-500MB sailplanes equipped with a Solo engine is of a similar design to Model DG-800B sailplanes equipped with a Solo engine.

What is the potential impact if FAA took no action? If not detected and corrected, damage to the propeller, specifically foam core separation, could cause the propeller to fail to perform properly. This failure could lead to reduced or loss of control of the sailplane.

Is there service information that applies to this subject? DG Flugzeugbau GmbH has issued Technical Note No. 843/19 (LBA approved on April 7, 2004; EASA approved on April 26, 2004); and Technical Note 873/29 (LBA approved on April 7, 2004; EASA approved April 26, 2004).

What are the provisions of this service information? The service information includes procedures for:

—Inspecting the propeller for damage; and

—Replacing any damaged propeller found.

What action did the LBA take? The LBA classified these technical notes as mandatory and issued German AD Number D-2004-195 and AD Number D-2004-196, both dated April 23, 2004, to ensure the continued airworthiness of these sailplanes in Germany.

Did the LBA inform the United States under the bilateral airworthiness agreement? These DG Flugzeugbau GmbH Model DG-500MB sailplanes and Glaser-Dirks Flugzeugbau GmbH Model DG-800B sailplanes are manufactured in Germany and are 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 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 Flugzeugbau GmbH Model DG-500MB sailplanes and other Glaser-Dirks Flugzeugbau GmbH Model DG-800B sailplanes of the same type design that are registered in the United States, we are proposing AD action to detect and correct damage to the propeller, which could result in failure of the propeller to operate properly. This failure could lead to reduced or loss of control of the sailplane.

What would this proposed AD require? This proposed AD would require you to incorporate the actions in the previously-referenced service information.

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 31 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 do this proposed inspection:

Labor cost	Parts cost	Total cost per sailplane	Total cost on U.S. operators
1 work hour × $65 per hour = $65	Not applicable	$65	$65 × 31 = $2,015.

We estimate the following costs to do any necessary replacements that would be required based on the results of this proposed inspection. We have no way of determining the number of sailplanes that may need this replacement:

Labor cost	Parts cost	Total cost per sailplane
1 work hour × $65 per hour = $65	$4,000	$4,065.

Authority for This Rulemaking

What authority does FAA have for issuing this rulemaking action? 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 AD.

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 FAA-2004-19959; Directorate Identifier 2004-CE-46-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.

§ 39.13

[Amended]

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

DG Flugzeugbau GMBH and Glaser-Dirks Flugzeugbau GMBH: Docket No. FAA-2004-19959; Directorate Identifier 2004-CE-46-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 March 31, 2005.

What Other ADs Are Affected By This Action?

(b) None.

What Sailplanes Are Affected by This AD?

(c) This AD affects all Model DG-500MB and DG-800B sailplanes that are:

(1) certificated in any category; and

(2) equipped with a Solo engine

What Is the Unsafe Condition Presented in This AD?

(d) This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. The actions specified in this AD are intended to detect and correct damage to the propeller, which could result in failure of the propeller to perform properly. This failure could lead to reduced or 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
(1) Inspect the propeller for any signs of damage	Within 25 hours time-in-service (TIS) after the effective date of AD	Follow DG Flugzeugbau Technical Note No. 843/19 (LBA this AD. approved on April 7, 2004; EASA approved on April 26, 2004); and DG Flugzeugbau Technical Note 873/29 (LBA approved on April 7, 2004; EASA approved April 26, 2004), as applicable.
(2) If any damage is found during the inspection required in paragraph (e)(1) of this AD, replace the propeller	Before further flight after the inspection required in paragraph (e)(1) of this AD	Follow DG Flugzeugbau Technical Note No. 843/19 (LBA paragraph (e)(1) approved on April 7, 2004; EASA approved on April 26, 2004); and DG Flugzeugbau Technical Note 873/29 (LBA approved on April 7, 2004; EASA approved April 26, 2004), as applicable.
(3) Insert the following language in the LImitations Section of the AFM: “Caution: With high temperatures (temperature on ground above 25°C/77°F) there is the risk of authorized by overheating the propeller after engine retraction. To avoid damage extend the engine again via manual switch (approx. 1 second) to open the engine doors, retract again 5 minutes”	Within 25 hours TIS after the effective date of this AD	The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do the flight manual changes requirement of this AD. Make an entry in the aircraft records showing compliance with this portion of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

Note:

For Model DG-500MB sailplanes, FAA recommends you install a polyurethane shock absorber at the retaining cable mounting in the fuselage. This is specified in DG Flugzeugbau Technical Note No. 843/19 (LBA approved on April 7, 2004; EASA approved on April 26, 2004). The approximate cost to install the shock absorber is $520 (4 work hours × $65 per hour for labor = $260 + $260 for parts).

Starting with serial number 5E243B20 and on, this shock absorber is being installed at production.

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, Kansas City, Missouri 64106; telephone: [phone]; facsimile: 816-329-4090.

Is There Other Information That Relates to This Subject?

(g) German AD Number D-2004-195 and AD Number D-2004-196, both dated April 23, 2004, also address the subject of this AD.

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

(h) To get copies of the documents referenced in this AD, contact DG Flugzeugbau, Postbox 41 20, 76625 Bruchsal, Germany; telephone, 49 7257 890; fax, 49 7257 8922. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC, or on the Internet at http://dms.dot.gov. This is docket number FAA-2004-19959.

Issued in Kansas City, Missouri, on February 7, 2005.

David R. Showers,

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.