[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Rules and Regulations]
[Pages 49803-49805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23047]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0881; Directorate Identifier 2009-CE-050-AD; 
Amendment 39-16027; AD 2009-20-04]
RIN 2120-AA64


Airworthiness Directives; Glaser-Dirks Flugzeugbau GmbH Model DG-
100 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:

    The Elevator control bearing stand RU19 was required to be 
inspected for correct production in 1978 in accordance with 
Technical Note (TN) No.301/6. In 2009, an accident occurred with a 
DG-100. The suspension bolt was found torn out of the bearing stand 
making the elevator uncontrollable. The investigation confirmed that 
the bearing stand had not been produced correctly. It is therefore 
assumed that the inspections per TN 301/6 did not produce reliable 
results.

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

DATES: This AD becomes effective October 19, 2009.
    On October 19, 2009 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 13, 2009.

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, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090.

[[Page 49804]]


SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency AD No.: 2009-0163-E, dated July 29, 2009 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    The Elevator control bearing stand RU19 was required to be 
inspected for correct production in 1978 in accordance with 
Technical Note (TN) No.301/6. In 2009, an accident occurred with a 
DG-100. The suspension bolt was found torn out of the bearing stand 
making the elevator uncontrollable. The investigation confirmed that 
the bearing stand had not been produced correctly. It is therefore 
assumed that the inspections per TN 301/6 did not produce reliable 
results.
    As a consequence, this new Airworthiness Directive (AD) mandates 
replacement of the bearing stand with a reinforced version.

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

Relevant Service Information

    DG Flugzeugbau GmbH has issued Technical note No. 301/26 Rev. 1, 
dated August 4, 2009. 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 a 
recent accident occurred with a Glaser-Dirks Flugzeugbau GmbH Model DG-
100 Glider where the suspension bolt was found torn out of the bearing 
stand. The investigation confirmed that the bearing stand had not been 
produced correctly. On December 18, 1997, the FAA issued Special 
Airworthiness Information Bulletin (SAIB) No. ACE-98-19 that 
recommended an inspection of the elevator control bearing stand RU19 
following DG Flugzeugbau Technical note No. 301/6. We have determined 
that the SAIB recommended inspection was either not done or did not 
produce reliable results. As a consequence, this AD requires an 
immediate inspection of the bearing stand. 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-2009-0881; Directorate 
Identifier 2009-CE-050-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:


[[Page 49805]]


2009-20-04 Glaser-Dirks Flugzeugbau Gmbh: Amendment 39-16027; Docket 
No. FAA-2009-0881; Directorate Identifier 2009-CE-050-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
19, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model DG-100 gliders, serial numbers 5 
and 21 through 103, 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:

    The Elevator control bearing stand RU19 was required to be 
inspected for correct production in 1978 in accordance with 
Technical Note (TN) No. 301/6. In 2009, an accident occurred with a 
DG-100. The suspension bolt was found torn out of the bearing stand 
making the elevator uncontrollable. The investigation confirmed that 
the bearing stand had not been produced correctly. It is therefore 
assumed that the inspections per TN 301/6 did not produce reliable 
results.
    As a consequence, this new Airworthiness Directive (AD) mandates 
replacement of the bearing stand with a reinforced version.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before further flight after October 19, 2009 (the effective 
date of this AD), inspect the bearing stand RU19 following paragraph 
1 of the Instructions section of DG Flugzeugbau Technical note No. 
301/26, Rev. 1, dated August 4, 2009. You may take credit for this 
paragraph if the bearing stand was inspected before October 19, 2009 
(the effective date of this AD) following DG Flugzeugbau Technical 
note No. 301/26, dated July 16, 2009.
    (2) If any discrepancy is found (crack, delamination, etc.), 
before further flight replace the bearing stand RU19 following 
paragraph 3 of the Instructions section of DG Flugzeugbau Technical 
note No. 301/26, Rev. 1, dated August 4, 2009.
    (3) Within 3 months after October 19, 2009 (the effective date 
of this AD) replace the bearing stand RU19 following paragraph 3 of 
the Instructions section of DG Flugzeugbau Technical note No. 301/
26, Rev. 1, dated August 4, 2009. You may take credit for this 
paragraph if the bearing stand RU19 has been replaced before October 
19, 2009 (the effective date of this AD) following DG Flugzeugbau 
Technical note No. 301/6, dated May 29, 1978, or following paragraph 
3 of the Instructions section of DG Flugzeugbau Technical note No. 
301/26, dated July 16, 2009.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) DG Flugzeugbau GmbH Technical Note No. 301/26, Rev. 1, dated 
August 4, 2009, states that instruction 1 may be executed by the 
pilot/owner. By FAA regulations, this AD requires all affected 
gliders to have the required actions done by an appropriately rated 
mechanic.
    (2) The MCAI states to do the actions following DG Flugzeugbau 
GmbH Technical Note No. 301/26, dated July 16, 2009. DG Flugzeugbau 
GmbH updated the technical note after the MCAI was issued. We are 
requiring you use the updated technical note (DG Flugzeugbau GmbH 
Technical Note No. 301/26, Rev. 1, dated August 4, 2009) to do the 
actions of this AD, unless the AD specifies otherwise.

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 European Aviation Safety Agency (EASA) 
Emergency AD No.: 2009-0163-E, dated July 29, 2009, DG Flugzeugbau 
GmbH Technical Note No. 301/26, dated July 16, 2009; DG Flugzeugbau 
GmbH Technical Note No. 301/26, Rev. 1, dated August 4, 2009; and DG 
Flugzeugbau Technical note No. 301/6, dated May 29, 1978, for 
related information.

Material Incorporated by Reference

    (i) You must use DG Flugzeugbau GmbH Technical Note No. 301/26, 
Rev. 1, dated August 4, 2009, 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; Internet: http://www.dg-flugzeugbau.de/index-e.html; 
E-Mail: [email protected].
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on September 17, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-23047 Filed 9-28-09; 8:45 am]
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