[Federal Register Volume 65, Number 184 (Thursday, September 21, 2000)]
[Proposed Rules]
[Pages 57113-57116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-88-AD]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Models DG-500 Elan 
Series, DG-500M, and DG-500MB Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain DG Flugzeugbau (DG Flugzeugbau) GmbH

[[Page 57114]]

Models DG-500 Elan Series, DG-500M, and DG-500MB sailplanes. The 
proposed AD would require you to visually inspect the elevator control 
system for proper movement, obtain and incorporate a repair scheme if 
improper movement is found, and modify and install resin thickened 
cottonflock reinforcements to the elevator control system as a way to 
increase the stiffness of the elevator control support stand. The 
proposed AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for the 
Federal Republic of Germany. The actions specified by the proposed AD 
are intended to detect and correct improper movement in the elevator 
control system and to increase the stiffness of the elevator control 
support stand. Without accomplishing these actions, the pilot's 
capability to use full elevator control deflection could be limited, 
which could require increased force in moving the elevator control with 
a consequent potentially uncontrolled flight condition.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before October 9, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 99-CE-88-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Comments may be 
inspected at this location between 8 a.m. and 4 p.m., Monday through 
Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from DG Flugzeugbau GmbH, Postbox 41 20, D-76646 Bruchsal, Federal 
Republic of Germany; telephone: +49 7257-890; facsimile: +49 7257-8922. 
This information also may be examined at the Rules Docket at the 
address above.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on the Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments in triplicate 
to the address specified under the caption ADDRESSES. The FAA will 
consider all comments received on or before the closing date. We may 
amend the proposed rule in light of comments received. Factual 
information that supports your ideas and suggestions is extremely 
helpful in evaluating the effectiveness of the proposed AD action and 
determining whether we need to take additional rulemaking action.

Are There any Specific Portions of the Proposed AD I Should pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might suggest a need to modify the rule. You may examine all comments 
we receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of the 
proposed AD.
    We are re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://www.plainlanguage.gov.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 99-CE-88-AD.'' We will date stamp and mail the 
postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for the Federal Republic of Germany, recently notified FAA that an 
unsafe condition may exist on certain DG Flugzeugbau GmbH Models DG-500 
Elan Series, DG-500M, and DG-500MB sailplanes. The LBA reports an 
incident where a Model DG-500 sailplane experienced notably higher 
elevator control stiffness during an aerobatic flight. This situation 
was the result of the outer aluminum tube moving and slipping within 
the elevator control support stand.

What Are the Consequences If the Condition Is Not Corrected?

    If the elevator control support stand permits the outer aluminum 
tube to move, the pilot's capability to use full elevator control 
deflection could be limited, which could require increased force in 
moving the elevator control. This could lead to an uncontrolled flight 
condition.

Relevant Service Information

Is There Service Information That Applies to This Subject?

    DG Flugzeugbau has issued Technical Note (TN) No. 348/12 and 843/
12, dated October 6, 1999.

What Are the Provisions of This Service Bulletin?

    The service bulletin includes procedures for:
--visually inspecting the elevator control system for proper movement; 
and
--modifying and installing resin thickened cottonflock reinforcements 
to the elevator control system as a way to increase the stiffness of 
the elevator control support stand.

What Action Did the LBA Take?

    The LBA classified this service bulletin as mandatory and issued 
German AD Number 1999-341, dated November 18, 1999, in order to assure 
the continued airworthiness of these sailplanes in Germany.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    These sailplane models 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. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept FAA informed of the 
situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

What Has FAA Decided?

    The FAA has examined the findings of the LBA; reviewed all 
available information, including the service information referenced 
above; and determined that:
--the unsafe condition referenced in this document exists or could 
develop on other DG Flugzeugbau GmbH

[[Page 57115]]

Models DG-500 Elan Series, DG-500M, and DG-500MB sailplanes of the same 
type design;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected sailplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Does the Proposed AD Require?

    This proposed AD would require you to:
--Visually inspect the elevator control system for proper movement;
--Obtain and incorporate a repair scheme if improper movement is found; 
and
--Modify and install resin thickened cottonflock reinforcements to the 
elevator control system as a way to increase the stiffness of the 
elevator control support stand.

Cost Impact

How Many Sailplanes Does the Proposed AD Impact?

    We estimate that the proposed AD affects 10 sailplanes in the U.S. 
registry.

What Is the Cost Impact of the Proposed AD on Owners/Operators of the 
Affected Sailplanes?

    We estimate the following costs to accomplish the proposed 
inspection and modification:

------------------------------------------------------------------------
                                                                 Total
                                           Parts      Total     cost on
               Labor cost                 cost per   cost per     U.S.
                                         sailplane  sailplane  sailplane
                                                               operators
------------------------------------------------------------------------
3 workhours  x  $60 per hour = $180....       $25       $205     $2,050
------------------------------------------------------------------------

Compliance Time of the Proposed AD

What Is the Compliance Time of the Proposed AD?

    The compliance time of this proposed AD is to accomplish the 
inspection ``within the next 30 calendar days after the effective date 
of this AD'' and to accomplish the modification ``within the next 120 
days after the effective date of this AD.''

Why Is the Compliance Time Presented in Calendar Time Instead of Hours 
Time-in-Service (TIS)?

    We have established the compliance in calendar time instead of 
hours time-in-service (TIS) because the unsafe condition described by 
the proposed AD is not directly related to sailplane operation. The 
chance of this situation occurring is the same for a sailplane with 10 
hours time-in-service (TIS) as it would be for a sailplane with 500 
hours TIS. A calendar time for compliance will assure that the unsafe 
condition is addressed on all sailplanes in a reasonable time period.

Why are the Compliance Times of the German AD Different Than the 
Compliance Times in the Proposed AD?

    The German AD requires the inspection before next flight and the 
modification within 45 days of the effective date of the German AD. We 
do not have justification to require the proposed inspection before 
next flight. We use compliance times such as this when we have 
identified an urgent safety of flight situation. We believe that 30 
calendar days will give the owners or operators of the affected 
sailplanes enough time to have the proposed inspection accomplished 
without compromising the safety of the sailplanes.
    The 120-calendar day compliance time for the proposed modification 
gives the owners/operators of the affected sailplanes enough time to 
adequately schedule the work to coincide with other maintenance 
activities.

Regulatory Impact

Does This Proposed AD Impact Various Entities?

    The regulations proposed herein 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Does This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
action (1) is not a ``significant regulatory action'' under Executive 
Order 12866; (2) is not a ``significant rule'' under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if 
promulgated, 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. A copy of the draft regulatory 
evaluation prepared for this action has been placed in the Rules 
Docket. A copy of it may be obtained by contacting the Rules Docket at 
the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

DG Flugzeugbau GMBH: Docket No. 99-CE-88-AD
    (a) What sailplanes are affected by this AD? This AD affects 
Models DG-500 Elan Series, DG-500M, and DG-500MB sailplanes, all 
serial numbers up to and including 5E203, that are certificated in 
any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above sailplanes on the U.S. Register must comply with 
this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct improper movement in the 
elevator control system and to increase the stiffness of the 
elevator control support stand. Without accomplishing these actions, 
the pilot's capability to use full elevator control deflection could 
be limited, which could require increased force in moving the 
elevator control with a consequent potentially uncontrolled flight 
condition.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 57116]]



------------------------------------------------------------------------
           Action                Compliance time         Procedures
------------------------------------------------------------------------
(1) Visually inspect the      Within the next 30    Follow the
 push rod guide to ensure      days after the        inspection
 that the outer aluminum       effective date of     procedures in the
 tube of the guide does not    this AD, and prior    Instruction section
 move.                         to accomplishing      of DG Flugzeugbau
                               the modification      Technical Note (TN)
                               required in           348/12 (applicable
                               paragraph (d)(3) of   to the model DG-500
                               this AD. The second   Elan Series) or TN
                               inspection is not     843/12 (applicable
                               required if the       to the models DG-
                               modification is       500M and DG-500MB),
                               incorporated          both dated October
                               immediately after     6, 1999.
                               the initial
                               inspection.
(2) If any movement is        Required prior to     In accordance with
 detected in the outer         further flight        the repair scheme
 aluminum tube as specified    after the             obtained from the
 in this AD and the            inspection when the   manufacturer.
 referenced service            discrepancy is
 information, accomplish the   found.
 following:
    (i) Obtain a repair
     scheme from the
     manufacturer at the
     address presented in
     paragraph (h) of this
     AD; and.
    (ii) Incorporate this
     repair scheme.
(3) Modify and install resin  Within the next 120   Follow the
 thickened cottonflock         days after the        modification
 reinforcements to the         effective date of     procedures in the
 elevator control system as    this AD.              Working
 a way to increase the                               Instructions No. 1
 stiffness of the elevator                           for TN 348/12 (843/
 control support stand.                              12), dated
                                                     September 28, 1999.
                                                     The instructions
                                                     are referenced in
                                                     DG Flugzeugbau
                                                     Technical Note (TN)
                                                     348/12 (applicable
                                                     to the model DG-500
                                                     Elan Series) or TN
                                                     843/12 (applicable
                                                     to the models DG-
                                                     500M and DG-500MB),
                                                     both dated October
                                                     6, 1999.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager.

    Note 1: This AD applies to each sailplane identified in 
paragraph (a) of this AD, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For sailplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if you have not eliminated the unsafe 
condition, specify actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Mike Kiesov, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4144; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the sailplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your sailplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from DG 
Flugzeugbau, Postbox 41 20, D-76646 Bruchsal, Federal Republic of 
Germany. You may examine these documents at FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri 64106.

    Note 2: The subject of this AD is addressed in German AD 1999-
341, dated November 18, 1999.


    Issued in Kansas City, Missouri, on September 11, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-23862 Filed 9-20-00; 8:45 am]
BILLING CODE 4910-13-P