[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Rules and Regulations]
[Pages 65972-65974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26236]



[[Page 65972]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0989; Directorate Identifier 2008-CE-029-AD; 
Amendment 39-15727; AD 2008-23-06]
RIN 2120-AA64


Airworthiness Directives; DG Flugzeugbau GmbH Models DG-1000S and 
DG-1000T 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:

    1. The bolt of a bearing stand which is the pivot for a bell 
crank failed in a DG-500 ELAN Trainer. As the cause of the failure 
it is suspected that the nut fixing the bell crank had become loose. 
As the design is similar in the DG-1000 up to ser. no. 10-109 
analogous instructions have to be executed for the DG-1000.
    2. During aerobatics a suspension of the airbrake control hook 
up in the wing root failed. Therefore the suspension shall be 
reinforced.

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

DATES: This AD becomes effective November 26, 2008.
    On November 26, 2008, 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 December 8, 2008.

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.: 2007-0316R1-E, dated March 13, 2008, corrected March 14, 2008 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    1. The bolt of a bearing stand which is the pivot for a bell 
crank failed in a DG-500 ELAN Trainer. As the cause of the failure 
it is suspected that the nut fixing the bell crank had become loose. 
As the design is similar in the DG-1000 up to ser. no. 10-109 
analogous instructions have to be executed for the DG-1000.
    2. During aerobatics a suspension of the airbrake control hook 
up in the wing root failed. Therefore the suspension shall be 
reinforced.

    The MCAI requires you to check the torque of the nut, which fixes 
bellcrank 5St19 to the bolt, and replace the bolt if the torque is too 
low; install an additional bracket; check the suspension of the 
airbrake control hook ups in the wing roots for any damage; reinforce 
the suspensions of the airbrake control hookups in the wing roots; and 
repair any damage found. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    DG Flugzeugbau GmbH has issued the following:
     Technical Note No. 1000/12, corrected January 7, 2008;
     Working instruction No. 1 for TN1000/12, dated November 
30, 2007;
     Working instruction No. 2 for TN1000/12, dated November 
30, 2007;
     Working instruction No. 3 for TN1000/12, corrected January 
28, 2008;
     Working instruction No. 4 for TN1000/12, dated November 
29, 2007;
     Working instruction No. 5 for TM1000/12, dated December 5, 
2007;
     Section 4.4.2 of Maintenance Manual for the Glider DG-
1000S, Issued: March 2002; and
     Section 4.4.2 of the Maintenance Manual for the 
Motorglider DG-1000T, Issued: June 2005.
    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 this 
condition, if not corrected, may cause excessive bending loads, leading 
to premature failure of the bolt and loss of control. Due to overstress 
during aerobatics, a mounting of the airbrake control hookup in the 
wing root may fail. This condition, if not corrected, may lead to 
failure of the

[[Page 65973]]

airbrake control system. 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-2008-0989; Directorate 
Identifier 2008-CE-029-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 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:

2008-23-06 DG Flugzeugbau GmbH: Amendment 39-15727; Docket No. FAA-
2008-0989; Directorate Identifier 2008-CE-029-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
26, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models DG-1000S and DG-1000T gliders with 
the following serial numbers (SN), certificated in any category:
    (1) Group 1: SN 10-1 through 10-102 and 10-106 through 10-108.
    (2) Group 2: SN 10-1 through 10-83, 10-85 through 10-87, 10-89 
through 10-91, 10-93, and 10-94.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``1. The bolt of a bearing stand which is the pivot for a bell 
crank failed in a DG-500 ELAN Trainer. As the cause of the failure 
it is suspected that the nut fixing the bell crank had become loose. 
As the design is similar in the DG-1000 up to ser. no. 10-109 
analogous instructions have to be executed for the DG-1000.''
    ``2. During aerobatics a suspension of the airbrake control hook 
up in the wing root failed. Therefore the suspension shall be 
reinforced.''

    The MCAI requires you to check the torque of the nut, which 
fixes bellcrank 5St19 to the bolt, and replace the bolt if the 
torque is too low; install an additional bracket, check the 
suspension of the airbrake control hook ups in the wing roots for 
any damage; reinforce the suspensions of the airbrake control hook 
ups in the wing roots; and repair any damage found.

Actions and Compliance

    (f) Unless already done, do the following actions in accordance 
with DG Flugzeugbau GmbH Technical Note No. 1000/12, corrected 
January 7, 2008; DG Flugzeugbau GmbH Working instruction No. 1 for 
TN1000/12, dated November 30, 2007; DG Flugzeugbau GmbH Working 
instruction No. 2 for TN1000/12, dated November 30, 2007; DG 
Flugzeugbau GmbH Working instruction No. 3 for TN1000/12, corrected 
January 28, 2008; DG Flugzeugbau GmbH Working instruction No. 4 for 
TN1000/12, dated November 29, 2007; DG Flugzeugbau GmbH Working 
instruction No. 5 for TM1000/12, dated December 5, 2007; Section 
4.4.2 of Maintenance Manual for the Glider DG-1000S, Issued: March 
2002; and Section 4.4.2 of the Maintenance Manual for the 
Motorglider DG-1000T, Issued: June 2005, except for the addition of 
the placard requirement stated in paragraph (f)(2)(i) of this AD:
    (1) For Group 1 Gliders:
    (i) Before further flight as of November 26, 2008 (the effective 
date of this AD), inspect the torque of the nut which fixes 
bellcrank 5St19 to the bolt following Working instruction No. 1. If 
the measured torque is 3 Nm (2.2 ft-lb.) or higher, increase the 
torque to 12 Nm (9 ft-lb.).
    (ii) If, as a result of the torque inspection required by 
paragraph (f)(1)(i) of this AD, you find the torque was less than 3 
Nm (2.2 ft-lb.), before further flight, replace the bolt according 
to Working instruction No. 2. In such a case, within 7 days after 
the torque inspection, send a note by e-mail to [email protected] informing DG Flugzeugbau of the bolt replacement.
    (iii) Within the next 90 days after November 26, 2008 (the 
effective date of this AD), install an additional bracket following 
Working instruction No. 3.
    (2) For Group 2 Gliders:
    (i) Before further flight as of November 26, 2008 (the effective 
date of this AD), install a placard in the pilot's clear view which 
states: ``Aerobatic maneuvers are prohibited.'' This placard must be 
removed and aerobatics reinstated once the airbrake control hook-up 
mountings have been reinforced or replaced following Working 
instruction No. 4 or 5.
    (ii) Before further flight as of November 26, 2008 (the 
effective date of this AD), visually inspect the mountings of the 
airbrake control hook ups in the wing roots for any damage and 
inspect the overcenter locking moment following Technical Note No. 
1000/12.

[[Page 65974]]

    (iii) If, as a result of the inspections of the mountings of the 
airbrake control hook ups and the overcenter locking moment required 
by paragraph (f)(2)(ii) of this AD, you find any damage (visual 
cracks and/or moment force measures below 50 N (11 lbs.)), repair 
the damage following Working instruction No. 5. If damage is 
detected on only one wing, repair only the damaged wing. You must 
reinforce the undamaged wing as instructed in paragraph (f)(2)(iv) 
of this AD.
    (iv) If you do not find any damage (no cracks or the measured 
overcenter locking movement is within the specified tolerance) as a 
result of the inspections of the mountings of the airbrake control 
hook ups and the overcenter locking moment required by paragraph 
(f)(2)(ii) of this AD, within the next 90 days after November 26, 
2008 (the effective date of this AD), reinforce the mountings of the 
airbrake control hook ups in the wing roots following Working 
instruction No. 4.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) This AD requires the installation of a placard for Group 2 
gliders that states aerobatic maneuvers are prohibited, which is to 
be removed when the airbrake control hook-up mountings have been 
reinforced or replaced. The MCAI does not require installation of a 
placard.
    (2) DG Flugzeugbau GmbH Technical Note No. 1000/12, corrected 
January 7, 2008, states that instructions 1 and 4 may be executed by 
the owner. By FAA regulations, this AD requires all affected gliders 
to have the required actions done by an appropriately-rated 
mechanic.
    (3) The MCAI refers to the term ``suspension;'' the technical 
note instead uses the term ``mounting.'' This AD uses the term 
``mounting'' for consistency with the technical note.

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 glider 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 European Aviation Safety Agency (EASA) AD No.: 
2007-0316R1-E, dated March 13, 2008, corrected March 14, 2008; DG 
Flugzeugbau GmbH Technical Note No. 1000/12, corrected January 7, 
2008; DG Flugzeugbau GmbH Working instruction No. 1 for TN1000/12, 
dated November 30, 2007; DG Flugzeugbau GmbH Working instruction No. 
2 for TN1000/12, dated November 30, 2007; DG Flugzeugbau GmbH 
Working instruction No. 3 for TN1000/12, corrected January 28, 2008; 
DG Flugzeugbau GmbH Working instruction No. 4 for TN1000/12, dated 
November 29, 2007; DG Flugzeugbau GmbH Working instruction No. 5 for 
TM1000/12, dated December 5, 2007; Section 4.4.2 of Maintenance 
Manual for the Glider DG-1000S, Issued: March 2002; and Section 
4.4.2 of the Maintenance Manual for the Motorglider DG-1000T, 
Issued: June 2005, for related information.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 1 of 
this AD 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, Otto-Lilienthal-Weg 2, 76646 Bruchsal, Federal 
Republic of Germany; telephone: + 49 (0) 7251 3020140; Fax: +49 (0) 
7251 3020149; E-Mail: [email protected].
    (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.

                                   Table 1--Material Incorporated by Reference
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      Service Bulletin No.                         Page                                    Date
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(i) DG Flugzeugbau GmbH          1 through 2............................  Corrected January 7, 2008.
 Technical Note No. 1000/12.
(ii) DG Flugzeugbau GmbH         1 of 1.................................  November 30, 2007.
 Working instruction No. 1 for
 TN1000/12.
(iii) DG Flugzeugbau GmbH        1 of 1.................................  November 30, 2007.
 Working instruction No. 2 for
 TN1000/12.
(iv) DG Flugzeugbau GmbH         1 through 2............................  Corrected January 28, 2008.
 Working instruction No. 3 for
 TN1000/12.
(v) DG Flugzeugbau GmbH Working  1 through 6............................  November 29, 2007.
 instruction No. 4 for TN1000/
 12.
(vi) DG Flugzeugbau GmbH         1 through 3............................  December 5, 2007.
 Working instruction No. 5 for
 TM1000/12.
(vii) Section 4.4.2 of           Cover 4.4, 4.5.........................  Issued: March 2002.
 Maintenance Manual for the                                               Issued: March 2002.
 Glider DG-1000S.                                                         Issued: March 2002.
(viii) Section 4.4.2 of the      Cover 4.4, 4.5.........................  Issued: June 2005.
 Maintenance Manual for the                                               Issued: December 2005.
 Motorglider DG-1000T.                                                    Issued: December 2005.
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    Issued in Kansas City, Missouri, on October 28, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. E8-26236 Filed 11-5-08; 8:45 am]
BILLING CODE 4910-13-P