Airworthiness Directives; Glaser-Dirks Flugzeugbau GmbH Model DG-100 Gliders, 49803-49805 [E9-23047]
Download as PDF
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Rules and Regulations
(1) Within the next 14 days after November
3, 2009 (the effective date of this AD), inspect
the main landing gear (MLG) stub axle.
(2) If any P/N A–511000B28B stub axle is
found, before accumulation of 9,500 total
landings on the axle, or before further flight
if total landings on the axle exceed 9,500
total landings on November 3, 2009 (the
effective date of this AD), replace the axle or
the housing assembly with a new axle P/N
A–511000C28B. If the total number of
landings accumulated by the stub axle cannot
be positively determined, the stub axle must
be considered to have accumulated more
than 9,500 total landings.
(3) Operators that do not have landing (or
cycle) records may determine the number of
landings (or cycles) by dividing the number
of hours time-in-service of each airplane by
the time of the average flight for the aircraft
of that type in the operator’s fleet.
Note 1: P/N A–511000C28B axle together
with the housings P/N A–511000C27B and
P/N A–521000C27B form the Axle
Assemblies P/N AD511010A00C and P/N
AD521010A00C, which are life limited to
48,000 landings per the Dornier 228 Time
Limits/Maintenance Checks Manual
(TLMCM) Chapter 05–10–10.
(4) As of November 3, 2009 (the effective
date of this AD), do not install MLG
assemblies P/N A–511000C00F and P/N A–
521000C00F fitted with a P/N A–
511000B28B stub axle on any airplane.
FAA AD Differences
CPrice-Sewell on DSKGBLS3C1PROD with RULES
Note 2: 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, Aerospace Engineer,
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.
VerDate Nov<24>2008
15:02 Sep 28, 2009
Jkt 217001
Related Information
(h) Refer to EASA AD No.: 2009–0062,
dated March 13, 2009; and RUAG Aerospace
Defence Technology Dornier 228 Service
Bulletin SB–228–276, dated October 16,
2008, for related information.
Material Incorporated by Reference
(i) You must use RUAG Aerospace Defence
Technology Dornier 228 Service Bulletin SB–
228–276, dated October 16, 2008, 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 RUAG Aerospace Services
GmbH, Dornier 228 Customer Support, P.O.
Box 1253, 82231 Wessling, Federal Republic
of Germany, telephone: +49 (0)8153–30–
2280; fax: +49 (0) 8153–30–3030; E-mail:
custsupport.dorner228@ruag.com; Internet:
https://www.ruag.com/.
(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: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
Issued in Kansas City, Missouri, on
September 21, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–23211 Filed 9–28–09; 8:45 am]
BILLING CODE 4910–13–P
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.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
49803
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
https://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 https://
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.
E:\FR\FM\29SER1.SGM
29SER1
49804
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Rules and Regulations
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.
CPrice-Sewell on DSKGBLS3C1PROD with RULES
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
VerDate Nov<24>2008
15:02 Sep 28, 2009
Jkt 217001
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 https://
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,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
E:\FR\FM\29SER1.SGM
29SER1
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Rules and Regulations
FAA AD Differences
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.
CPrice-Sewell on DSKGBLS3C1PROD with RULES
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.
VerDate Nov<24>2008
15:02 Sep 28, 2009
Jkt 217001
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.
49805
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: https://www.dgflugzeugbau.de/index-e.html; E-Mail:
dirks@dg-flugzeugbau.de.
(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: https://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]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0431; Directorate
Identifier 2007–NM–174–AD; Amendment
39–16029; AD 2009–20–06]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A310–203 and –222 Airplanes and
Model A300 B4–620 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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.
SUMMARY: We are superseding an
existing airworthiness directive (AD) for
the products listed above. This AD
results from mandatory continuing
airworthiness information (MCAI)
originated 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:
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
´ ´
DGAC [Direction Generale de l’Aviation
Civile] France AD 86–102–74(B) [which
corresponds to FAA AD 88–06–03,
amendment 39–5871] was issued to prevent
development of damage, which was
discovered during [a] fatigue test in the
attachment angles of the rear pressure
bulkhead (fuselage frame 80/82).
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
E:\FR\FM\29SER1.SGM
29SER1
Agencies
[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Rules and Regulations]
[Pages 49803-49805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23047]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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 https://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: https://www.dg-flugzeugbau.de/index-e.html;
E-Mail: dirks@dg-flugzeugbau.de.
(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: https://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]
BILLING CODE 4910-13-P