[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Rules and Regulations]
[Pages 400-402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25212]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28843 Directorate Identifier 2007-CE-065-AD; 
Amendment 39-15317; AD 2007-26-25]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Model DG-500MB 
Gliders

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

ACTION: Final rule.

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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 an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    In some cases the electric motor of the spindle drive detached 
itself from the spindle drive, causing the powerplant to retract 
itself after engine shutdown. In another case the attachment fork on 
the spindle drive failed with the same consequences.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective February 7, 2008.
    On February 7, 2008, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at 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: 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.

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 August 20, 2007 (72 
FR 46411). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    In some cases the electric motor of the spindle drive detached 
itself from the spindle drive, causing the powerplant to retract 
itself after engine shutdown. In another case the attachment fork on 
the spindle drive failed with the same consequences.

    The MCAI requires you to modify the affected parts and exchange 
pages in the flight, maintenance, and repair manuals.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.
    The FAA reviewed the proposed requirement of the NPRM to exchange 
pages in the flight, maintenance, and repair manuals. We have 
determined that the exchange of certain pages in the flight, 
maintenance, and repair manuals is outside the scope of what is needed 
to correct the unsafe condition for aircraft of U.S. registry.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed, except for 
eliminating the need to exchange manual pages.

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

[[Page 401]]

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 also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 5 products of U.S. registry. 
We also estimate that it will take about 5 work-hours per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour. Required parts will cost about $422 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $4,110 or $822 per product.

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 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 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.

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 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

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:

2007-26-25 DG Flugzeugbau GmbH: Amendment 39-15317; Docket No. FAA-
2007-28843; Directorate Identifier 2007-CE-065-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
7, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model DG-500MB gliders, all serial 
numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 24: Electric 
Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    In some cases the electric motor of the spindle drive detached 
itself from the spindle drive, causing the powerplant to retract 
itself after engine shutdown. In another case the attachment fork on 
the spindle drive failed with the same consequences.

The MCAI requires you to modify the affected parts and exchange 
pages in the flight, maintenance, and repair manuals.

Actions and Compliance

    (f) Unless already done, within 90 days after February 7, 2008 
(the effective date of this AD):
    (1) Secure the connection between the spindle drive ``Stross 
BSA10'' and the spindle drive motor following DG Flugzeugbau GmbH 
Working instruction No. 1, dated January 23, 2006, as referenced in 
DG Flugzeugbau GmbH Technical Note No. 843-24, dated January 31, 
2006.
    (2) Replace the fork 8M233/1 from the spindle drive with the 
strengthened fork 8M233``f''; replace the bearing support with the 
modified support 8M229``e''; and secure the spindle drive fork 
between the spindle drive ``Stross BSA10'' and the spindle drive 
motor following DG Flugzeugbau GmbH Working instruction No. 2, dated 
January 30, 2006, as referenced in DG Flugzeugbau GmbH Technical 
Note No. 843-24, dated January 31, 2006; DG Flugzeugbau GmbH Drawing 
5M210, Spindle drive Stross BSA 10 assembly, issued: January 22, 
2003, revised: May 19, 2006; and DG Flugzeugbau GmbH Drawing 5M211, 
Spindle drive Stross BSA 10 assembly with strengthened fork 
8M233``f'', issued: January 23, 2006.

    Note 1: We recommend that you insert and update the new Flight 
Manual pages 0.1, 0.3, 0.4, 2.8, 3.7, 3.8, 4.1, 4.25, 4.26; the new 
Maintenance Manual pages 1, 2, 3, 4, 5, 42, 49, 68, 89, 89a, 93, and 
Enclosure 1; and the new Repair Manual pages 1, 2, 7, and 8 
following DG Flugzeugbau GmbH Technical Note No. 843-24, dated 
January 31, 2006.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The service information specifies a one-time inspection of 
the fork and requires replacement if cracks are found. This AD 
requires mandatory replacement of these parts with redesigned parts. 
The FAA believes mandatory replacement rather than inspection will 
prevent failure of these parts in the future.
    (2) The MCAI requires, for gliders certificated for operation in 
Germany, to have the pages in the flight, maintenance, and repair 
manuals exchanged.We have determined that the exchange of these 
pages is outside the scope of what is needed to correct the unsafe 
condition for gliders certificated for operation in the United 
States.

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

[[Page 402]]

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 Federal Republic of Germany Luftfahrt-
Bundesamt AD D-2006-060, dated March 6, 2006; and DG Flugzeugbau 
GmbH Technical Note No. 843-24, dated January 31, 2006.

Material Incorporated by Reference

    (i) You must use DG Flugzeugbau GmbH Technical Note No. 843-24, 
dated January 31, 2006; DG Flugzeugbau GmbH Working instruction No. 
1, dated January 23, 2006; DG Flugzeugbau GmbH Working instruction 
No. 2, dated January 30, 2006; DG Flugzeugbau GmbH Drawing 5M210, 
Spindle drive Stross BSA 10 assembly, revised May 19, 2006; and DG 
Flugzeugbau GmbH Drawing 5M211, Spindle drive Stross BSA 10 assembly 
with strengthened fork 8M233``f'', dated January 23, 2006, 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 DG 
Flugzeugbau GmbH, Im Schollengarten 20, D-76646 Bruchsal 4, Federal 
Republic of Germany.
    (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 December 20, 2007.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-25212 Filed 1-2-08; 8:45 am]
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