[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46883-46884]
[FR Doc No: 2017-21514]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0085]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated August 22, 2017, Siemens Mobility Division Rolling Stock
(Siemens) has petitioned the Federal Railroad Administration (FRA) for
a waiver of compliance from the requirements of 49 CFR 238.103 (Fire
safety). FRA assigned the petition docket number FRA-2017-0085.
    Section 238.103 of Title 49 of the CFR requires materials used in
the construction of passenger cars to meet the test methods and
performance criteria for the flammability and smoke emission
characteristics of Appendix B to part 238. Appendix B requires all
thermal and acoustic insulation material used in the construction of
passenger rail vehicles to be tested in accordance with American
Society for Testing and Materials (ASTM) E 162.98 with a radiant panel
index of Is <= 25, and ASTM E 662-01 with a specific optical density Ds
(4.0) <= 100.
    In constructing twenty passenger coaches for use in phase 1 of the
Brightline/All Aboard Florida (AAF) passenger service between Miami and
West Palm Beach, Siemens used a ``K-Flex Eco'' material that has been
tested with the results of Is = 202 and Ds (4.0) = 131. Siemens is
requesting a waiver from Appendix B as applied to these two
requirements, asserting that the ``fire risk . . . is negligible and an
equivalent level of safety is maintained'' considering the end use
configuration of the material and the small amount of the material
used'' Siemens further indicates it intends the waiver to provide
sufficient information to demonstrate an equivalent level of safety in
order to prevent the replacement of the K-Flex Eco insulation material
in the 20 coaches. Siemens also notes that granting the requested
relief would have a considerable positive impact on the project
schedule and associated costs.
    In support of its petition, Siemens attached two documents: (1) AAF
Coach SFT Water Pipe Insulation Discussion V5 (A 13-page presentation
showing pipe insulation material, its usage on AAF coaches, for drain
and fresh water pipes, as well as locations of the usage); and (2) a
53-page document titled, ``Fire Safety Analysis; Use of K-Flex Eco
Insulation in All Aboard Florida Coaches.'' (SII-ENA-215 Rev. B). This
document provided the analysis supporting Siemens' safety equivalency
claim.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the

comment period and specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by November 6, 2017 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-21514 Filed 10-5-17; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Proposed Rules]
[Pages 64437-64439]
[FR Doc No: 2012-25891]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1124; Directorate Identifier 2012-CE-041-AD]
RIN 2120-AA64

Airworthiness Directives; Burkhart GROB Luft-und Raumfahrt GmbH
Sailplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Burkhart GROB Luft-und Raumfahrt GmbH Models GROB G 109 and GROB G 109B
sailplanes. This proposed AD results from 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
and/or cracking of the elevator control rod that could lead to failure
of the elevator control rod with consequent loss of control. We are
issuing this proposed AD to require actions to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by December 6,
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Grob Aircraft AG, Lettenbachstrasse 9, D-86874 Tussenhausen-Mattsies,
Germany; phone: +49 (0) 8268 998 139; fax: +49 (0) 8268 998 200; email:
<EMAIL_ADDRESS>Internet: www.grob-aircraft.com/62.html. 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<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1124;
Directorate Identifier 2012-CE-041-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2012-0181, dated September 7, 2012 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Corroded and cracked elevator control road in the vertical fin
on a Grob G 109B powered 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 and, in case of water freeze between the external
control rod and the internal mass balance, in crack of the elevator
control rod in the vertical fin.
    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, Grob Aircraft AG published
Service Bulletin (MSB) 817-64 providing instructions for elevator
control rod inspection and replacement.
    For the reasons described above, this AD requires accomplishment
of inspections of the elevator control rod in the vertical fin and,
depending on finding, its replacement with a serviceable part, as
well as a revision of powered sailplane Aircraft Maintenance Manual
(AMM).

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

Relevant Service Information

    Grob Aircraft AG has issued Service Bulletin No. MSB817-64/2, dated
September 6, 2012. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

For Model G109 Sailplanes

    We estimate that this proposed AD will affect 31 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $5,270, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $680, for a cost of
$765 per product. We have no way of determining the number of products
that may need these actions.

For Model G109B Sailplanes

    We estimate that this proposed AD will affect 28 products of U.S.
registry. We also estimate that it would take about 3.5 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $78 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $10,514, or $375.50 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $738, for a cost of
$823 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation 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 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative,

on a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA 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.

Sec.  39.13  [Amended]

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

Burkhart GROB Luft-und Raumfahrt GmbH: Docket No. FAA-2012-1124;
Directorate Identifier 2012-CE-041-AD.

(a) Comments Due Date

    We must receive comments by December 6, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Burkhart GROB Luft-und Raumfahrt GmbH Models
GROB G 109 and GROB G 109B sailplanes, all serial numbers,
certificated in any category.

(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 and/or
cracking of the elevator control rod. We are issuing this proposed
AD to detect and correct corrosion and/or cracking of the elevator
control rod, which could lead to failure of the elevator control rod
with consequent loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within the next 25 hours time-in-service (TIS) after the
effective date of this AD or within the next 60 days after the
effective date of this AD, whichever occurs first, and repetitively
thereafter at intervals not to exceed every 5 years, inspect the
elevator control rod in the vertical fin for corrosion or cracking
following the accomplishment instructions in Grob Aircraft AG
Service Bulletin No. MSB817-64/2, dated September 6, 2012.
    (2) For the purposes of this AD, we define slight corrosion as
corrosion you can remove with metal wool and that has no visible
pitting in the base metal. If you cannot remove the corrosion with
metal wool or if there is visible pitting in the base metal, we
define it as heavy corrosion.
    (3) If any cracks or heavy corrosion are found during any of the
inspections required in paragraph (f)(1) of this AD, before further
flight, replace the elevator control rod with an airworthy part
following the accomplishment instructions in Grob Aircraft AG
Service Bulletin No. MSB817-64/2, dated September 6, 2012, for your
applicable sailplane model.
    (4) If only slight or no corrosion of the elevator control rod
is found during any of the inspections required in paragraph (f)(1)
of this AD, before further flight, clean the rod surface and apply a
corrosion inhibitor, as applicable, following the accomplishment
instructions in Grob Aircraft AG Service Bulletin No. MSB817-64/2,
dated September 6, 2012.

    Note 1 to paragraph (f) of this AD: Grob Aircraft AG
incorporated the repetitive inspections required by this AD into the
instructions for continued airworthiness of the aircraft maintenance
manual for the applicable sailplanes.

(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:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>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 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 European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, AD
No.: 2012-0181, dated September 7, 2012; and Grob Aircraft AG
Service Bulletin No. MSB817-64/2, dated September 6, 2012, for
related information. For service information related to this AD,
contact Grob Aircraft AG, Lettenbachstrasse 9, D-86874 Tussenhausen-
Mattsies, Germany; phone: +49 (0) 8268 998 139; fax: +49 (0) 8268
998 200; email<EMAIL_ADDRESS>Internet:
www.grob-aircraft.com/62.html. 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.

    Issued in Kansas City, Missouri, on October 15, 2012.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-25891 Filed 10-19-12; 8:45 am]
BILLING CODE 4910-13-P