Airworthiness Directives; Glasflugel Gliders, 46940-46943 [2012-19088]

Download as PDF 46940 Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations erowe on DSK2VPTVN1PROD with RULES (1) Airbus Service Bulletin A300–57–0249, dated May 22, 2007 (for Model A300 B4–2C, B4–103, and B4–203 airplanes). (2) Airbus Service Bulletin A300–57–0249, Revision 01, dated December 19, 2007 (for Model A300 B4–2C, B4–103, and B4–203 airplanes). (3) Airbus Service Bulletin A300–57–6106, dated May 22, 2007 (Model A300 B4–601, B4–603, B4–605R, B4–620, B4–622, B4– 622R, F4–605R, F4–622R, and C4–605R Variant F airplanes). (4) Airbus Service Bulletin A300–57–6106, Revision 01, dated January 28, 2008 (Model A300 B4–601, B4–603, B4–605R, B4–620, B4–622, B4–622R, F4–605R, F4–622R, and C4–605R Variant F airplanes). (5) Airbus Service Bulletin A300–57–6106, Revision 02, dated June 18, 2010 (Model A300 B4–601, B4–603, B4–605R, B4–620, B4–622, B4–622R, F4–605R, F4–622R, and C4–605R Variant F airplanes). (n) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to Attn: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057– 3356; telephone (425) 227–2125; fax (425) 227–1149. Information may be emailed to: 9ANM-116-AMO-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. (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: 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 VerDate Mar<15>2010 15:03 Aug 06, 2012 Jkt 226001 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. DEPARTMENT OF TRANSPORTATION (o) Related Information Refer to MCAI EASA Airworthiness Directive 2010–0250, dated November 29, 2010, and the service information specified in paragraphs (o)(1), (o)(2), (o)(3), and (o)(4) of this AD, for related information. (1) Airbus Mandatory Service Bulletin A300–57–0249, Revision 02, dated June 18, 2010. (2) Airbus Mandatory Service Bulletin A300–57–0251, including Appendix 01, dated August 8, 2007. (3) Airbus Mandatory Service Bulletin A300–57–6106, Revision 03, dated January 26, 2012. (4) Airbus Mandatory Service Bulletin A300–57–6107, including Appendix 01, August 8, 2007. [Docket No. FAA–2012–0046; Directorate Identifier 2011–CE–040–AD; Amendment 39–17136; AD 2012–15–07] (p) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the following service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use the following service information to do the actions required by this AD, unless the AD specifies otherwise. (i) Airbus Mandatory Service Bulletin A300–57–0249, Revision 02, dated June 18, 2010. (ii) Airbus Mandatory Service Bulletin A300–57–0251, including Appendix 01, dated August 8, 2007. (iii) Airbus Mandatory Service Bulletin A300–57–6106, Revision 03, dated January 26, 2012. (iv) Airbus Mandatory Service Bulletin A300–57–6107, including Appendix 01, August 8, 2007. (3) For service information identified in this AD, contact Airbus SAS–EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email: account.airwortheas@airbus.com; Internet https:// www.airbus.com. (4) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. (5) 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 https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on July 23, 2012. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–18621 Filed 8–6–12; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; Glasflugel Gliders Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for Glasflugel Models Standard Libelle201B, 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 https:// www.regulations.gov 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 Hansjorg Streifeneder GmbH, D– 72582 Grabenstetten, Germany; phone: +49(0)73821032, fax: +49(0)73821629; email: info@streifly.de; 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; SUMMARY: E:\FR\FM\07AUR1.SGM 07AUR1 Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations telephone: (816) 329–4165; fax: (816) 329–4090; email: jim.rutherford@faa.gov. 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. erowe on DSK2VPTVN1PROD with RULES 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. VerDate Mar<15>2010 15:03 Aug 06, 2012 Jkt 226001 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 46941 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: • Are consistent with the intent that was proposed in the NPRM (77 FR 2674, January 19, 2012) for correcting the unsafe condition; and • 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 E:\FR\FM\07AUR1.SGM 07AUR1 46942 Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations 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. erowe on DSK2VPTVN1PROD with RULES Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 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. VerDate Mar<15>2010 15:03 Aug 06, 2012 Jkt 226001 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 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 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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: jim.rutherford@faa.gov. 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 E:\FR\FM\07AUR1.SGM 07AUR1 Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations 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. DEPARTMENT OF TRANSPORTATION (h) Related Information [Docket No. FAA–2010–0480; Directorate Identifier 2010–NM–035–AD; Amendment 39–17139; AD 2012–15–10] Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2011–0213R1, dated November 8, 2011; and Glasfaser FlugzeugService 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 Hansjorg Streifeneder GmbH, D–72582 Grabenstetten, Germany; phone: +49(0)73821032, fax: +49(0)73821629; email: info@streifly.de; 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. erowe on DSK2VPTVN1PROD with RULES (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 ¨ Hansjorg Streifeneder GmbH, D–72582 Grabenstetten, Germany; phone: +49(0)73821032, fax: +49(0)73821629; email: info@streifly.de; 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 https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. 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 VerDate Mar<15>2010 15:03 Aug 06, 2012 Jkt 226001 Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747–400 and 747–400D series airplanes. This AD was prompted by a report of an in-flight multi-power system loss of the #1, #2, and #3 alternating current electrical power systems located in the main equipment center (MEC). This AD requires installing aluminum gutter reinforcing brackets to the forward and aft drip shield gutters of the MEC; and adding a reinforcing fiberglass overcoat to the top surface of the MEC drip shield, including an inspection for cracking and holes in the MEC drip shield, and corrective actions if necessary. This AD also provides for an option to install an MEC drip shield drain system, which, if accomplished, would extend the compliance time for adding the reinforcing fiberglass overcoat to the top surface of the MEC drip shield. We are issuing this AD to prevent water penetration into the MEC, which could result in the loss of flight critical systems. 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: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766–5680; Internet https:// www.myboeingfleet.com. SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 AD, the regulatory evaluation, any comments received, and PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 46943 other information. The address for the Docket Office (phone: 800–647–5527) is 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 FURTHER INFORMATION CONTACT: Francis Smith, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6596; fax: 425–917–6590; email: francis.smith@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to the specified products. That SNPRM published in the Federal Register on March 5, 2012 (77 FR 13043). The original NPRM (75 FR 27966, May 19, 2010) proposed to require installing aluminum gutter reinforcing brackets to the forward and aft drip shield gutters of the MEC; and adding a reinforcing fiberglass overcoat to the top surface of the MEC drip shield, including an inspection for cracking and holes in the MEC drip shield, and corrective actions if necessary. That NPRM also provided for an option to install an MEC drip shield drain system, which, if accomplished, would extend the compliance time for adding the reinforcing fiberglass overcoat to the top surface of the MEC drip shield. The SNPRM proposed to revise the locating dimensions of the brackets and change the routing of the forward drain tubes. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 13043, March 5, 2012) and the FAA’s response to each comment. Concurrence With Supplemental NPRM (77 FR 13043, March 5, 2012) Boeing concurs with the contents of the proposed rule (77 FR 13043, March 5, 2012). Request To Extend Compliance Time United Airlines (UAL) requested an extension of the compliance time from 24 months to 48 months to accomplish the actions in paragraph (g)(1) of the supplemental NPRM (77 FR 13043, E:\FR\FM\07AUR1.SGM 07AUR1

Agencies

[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46940-46943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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 https://www.regulations.gov 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: info@streifly.de; 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: 
jim.rutherford@faa.gov.

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:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 2674, January 19, 2012) for correcting the unsafe 
condition; and
     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 https://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 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: 
jim.rutherford@faa.gov. 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: info@streifly.de; 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: info@streifly.de; 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 https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    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
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