[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Rules and Regulations]
[Pages 56891-56894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19682]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28709; Directorate Identifier 2007-CE-062-AD; 
Amendment 39-15219; AD 2007-21-01]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Model DG-500 Elan 
Series, DG-500M, and DG-500MB Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During a recent flight with a DG-500 ELAN Trainer, the bolt of 
bearing stand 5RU61, which is the pivot for bell crank 5St19, failed

[[Page 56892]]

in-flight, leading to loss of control of the aircraft. Although the 
occupants managed to exit the aircraft safely, the aircraft crashed 
and was damaged beyond repair. While the investigation continues, 
the most likely cause is suspected to be insufficient tightening of 
the nut on the bolt of bearing stand 5RU61.
    This condition, if not corrected, may cause excessive bending 
loads, leading to premature failure of the bolt and loss of control 
of the aircraft.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective October 25, 2007.
    On October 25, 2007, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.
    We must receive comments on this AD by November 5, 2007.

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: (202) 493-2251.
     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.

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 AD, 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.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 
329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2007-0176-E, dated June 22, 2007 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    During a recent flight with a DG-500 ELAN Trainer, the bolt of 
bearing stand 5RU61, which is the pivot for bell crank 5St19, failed 
in-flight, leading to loss of control of the aircraft. Although the 
occupants managed to exit the aircraft safely, the aircraft crashed 
and was damaged beyond repair. While the investigation continues, 
the most likely cause is suspected to be insufficient tightening of 
the nut on the bolt of bearing stand 5RU61.
    This condition, if not corrected, may cause excessive bending 
loads, leading to premature failure of the bolt and loss of control 
of the aircraft. As a precautionary measure, for the reasons 
described above, this Emergency Airworthiness Directive (EAD) 
requires a check of the torque on the affected nut, immediate 
replacement of any bolts where the torque is found to be 
insufficient and introduces a life limit for the affected bolts. Any 
bolts that have already exceeded this limit in service must be 
replaced, as indicated.

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

Relevant Service Information

    DG Flugzeugbau GmbH has issued Technical Note 348/19 and 843/26 
(same document), dated June 20, 2007, which references Working 
Instructions DG Flugzeugbau GmbH No. 1 and 2, dated June 20, 2007; and 
Working Instruction DG Flugzeugbau GmbH No. 3, dated June 25, 2007. 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 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule, because 
during a recent flight with a DG-500 ELAN Trainer, the bolt of bearing 
stand 5RU61, which is the pivot for bell crank 5St19, failed in flight 
with consequent loss of control of the aircraft. The most likely cause 
is insufficient tightening of the nut on the bolt of bearing stand 
5RU61. This condition, if not corrected, may cause excessive bending 
loads that could result in premature failure of the bolt with 
consequent loss of control of the aircraft. Therefore, we determined 
that notice and opportunity for public comment before issuing this AD 
are impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-28709; Directorate 
Identifier 2007-CE-062-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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

[[Page 56893]]

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 that this AD:
    (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) 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 regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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:

2007-21-01 DG Flugzeugbau GMBH: Amendment 39-15219; Docket No. FAA-
2007-28709; Directorate Identifier 2007-CE-062-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
25, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models DG-500 Elan Series, DG-500M, and 
DG-500MB gliders, all serial numbers, certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During a recent flight with a DG-500 ELAN Trainer, the bolt of 
bearing stand 5RU61, which is the pivot for bell crank 5St19, failed 
in-flight, leading to loss of control of the aircraft. Although the 
occupants managed to exit the aircraft safely, the aircraft crashed 
and was damaged beyond repair. While the investigation continues, 
the most likely cause is suspected to be insufficient tightening of 
the nut on the bolt of bearing stand 5RU61.
    This condition, if not corrected, may cause excessive bending 
loads, leading to premature failure of the bolt and loss of control 
of the aircraft.
    As a precautionary measure, for the reasons described above, 
this Emergency Airworthiness Directive (EAD) requires a check of the 
torque on the affected nut, immediate replacement of any bolts where 
the torque is found to be insufficient and introduces a life limit 
for the affected bolts. Any bolts that have already exceeded this 
limit in service must be replaced, as indicated.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before the next flight after October 25, 2007 (the effective 
date of this AD) and thereafter at intervals not to exceed 12 
months, inspect the actual torque of the nut that attaches bell 
crank 5St19 to the bolt following Working Instruction No. 1, dated 
June 20, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 
348/19 and 843/26 (same document), dated June 20, 2007, as 
applicable to type.
    (i) If the torque is found to be less than 2.2 ft. lb. (3 Nm), 
before further flight, replace the affected bolt with a serviceable 
bolt following Working Instruction No. 2, dated June 20, 2007, as 
referenced in DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 
(same document), dated June 20, 2007, as applicable to type.
    (ii) Report any findings of insufficient torque you find within 
7 days after insufficient torque is found. Include in your report 
the glider serial number, glider hours time-in-service (TIS), the 
torque that was found, and a point of contact name and phone number. 
Send your report to DG Flugzeugbau GmbH, Otto-Lilienthal-Weg 2, D-
76646 Bruchsal, Germany; telephone: +49 7251 3020140; facsimile: +49 
7251 3020149; e-mail: [email protected].
    (iii) If the torque is found to be 2.2 ft. lb. (3 Nm) or more, 
before further flight, increase the torque of the nut to 9 ft. lb. 
(12 Nm);
    (2) Unless already replaced as required by paragraph (f)(1)(i) 
of this AD, within the next 6 months after October 25, 2007 (the 
effective date of this AD) or when the glider reaches a total of 
1,000 hours TIS, whichever occurs later, and repetitively thereafter 
at intervals not to exceed 1,000 hours TIS, replace the affected 
bolt with a serviceable bolt following Working Instruction No. 2, 
dated June 20, 2007, as referenced in DG Flugzeugbau GmbH Technical 
Note 348/19 and 843/26 (same document), dated June 20, 2007, as 
applicable to type.
    (3) Installation of an additional bracket following Working 
Instruction No. 3, dated June 25, 2007, as referenced in DG 
Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), 
dated June 20, 2007, as applicable to type, terminates the 
repetitive requirement in paragraph (f)(2) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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: Greg Davison, Glider Program Manager, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090. 
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, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA AD No. 2007-0176-E, dated June 22, 2007, 
and DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same 
document), dated June 20, 2007; Working Instructions No. 1 and No. 
2, dated June 20, 2007, as referenced in DG Flugzeugbau GmbH 
Technical Note 348/19

[[Page 56894]]

and 843/26 (same document), dated June 20, 2007; and Working 
Instruction No. 3, dated June 25, 2007, as referenced in DG 
Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), 
dated June 20, 2007, for related information.

Material Incorporated by Reference

    (i) You must use DG Flugzeugbau GmbH Technical Note 348/19 and 
843/26 (same document), dated June 20, 2007; Working Instructions 
No. 1 and 2 dated June 20, 2007, and Working Instruction No. 3 dated 
June 25, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 
348/19 and 843/26 (same document), dated June 20, 2007, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact AMS-
Flight d.o.o., Kavciceva 4, 1000 Ljubljana, Slovenia.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on September 28, 2007.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-19682 Filed 10-4-07; 8:45 am]
BILLING CODE 4910-13-P