Airworthiness Directives; DG Aviation GmbH (Type Certificate Previously Held by DG Flugzeugbau GmbH) Gliders, 79425-79428 [2024-22321]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79425-79428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22321]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2316; Project Identifier MCAI-2024-00381-G; 
Amendment 39-22854; AD 2024-19-12]
RIN 2120-AA64


Airworthiness Directives; DG Aviation GmbH (Type Certificate 
Previously Held by DG Flugzeugbau GmbH) Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain DG Aviation GmbH (type certificate previously held by DG 
Flugzeugbau GmbH) Model DG-400 gliders and all Model DG-500 Elan Orion, 
DG-500 Elan Trainer, DG-500/20 Elan, DG-500/22 Elan, DG-500M, DG-500MB, 
DG-800A, DG-800B, DG-808C, DG-1000M, DG-1000S, and DG-1000T gliders. 
This AD was prompted by a report of a broken rod end at the upper end 
of the elevator pushrod in the fin (vertical tail) of a DG Aviation 
GmbH Model DG-300 glider. Depending on the glider model, this AD 
requires revising your existing glider maintenance manual to 
incorporate new procedures for elevator control circuit free play 
adjustment, performing an operational check of the free play adjustment 
of the automatic elevator hook-up, accomplishing corrective actions as 
required, and replacing the elevator pushrod end with a new part. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 15, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 15, 
2024.
    The FAA must receive comments on this AD by November 14, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2316; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For DG Aviation GmbH material identified in this AD, 
contact DG Aviation GmbH, Otto-Lilienthal Weg 2/Am Flugplatz, 76646 
Bruchsal, Germany; phone: +49 (0) 7251 36660-32; email: [email protected]; website: dg-aviation.de/en/dg-flugzeugbau/contact.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110. It is also available at regulations.gov under 
Docket No. FAA-2024-2316.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 
231-2346; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2024-2316; Project Identifier MCAI-
2024-00381-G'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

[[Page 79426]]

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Fred 
Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2024-0126, dated July 2, 2024 (EASA AD 2024-0126) (also 
referred to as the MCAI), to correct an unsafe condition on the 
following DG Aviation GmbH sailplanes (gliders):
     Model DG-100G, DG-100G ELAN, DG-200, DG-200/17, DG-200/
17C, DG-300, DG-300 ELAN, DG-300 Club ELAN, DG-300 ELAN ACRO, DG-300 
Club ELAN ACRO, DG-400, DG-600, DG-600/18, DG-600M, and DG-600/18 M 
sailplanes and powered sailplanes, all serial numbers except those 
equipped with l'Hotellier connections of the elevator control.
     Model DG-500/22 ELAN, DG-500 ELAN Trainer, DG-500/20 ELAN, 
DG-500 ELAN ORION, DG-500 M, and DG-500 MB sailplanes and powered 
sailplanes, all serial numbers.
     Model DG-800 A, DG-800 B, DG-808C, DG-800 LA, DG-800 S, 
and DG-808 S sailplanes and powered sailplanes all serial numbers.
     Model DG-1000S, DG-1000T, DG-1000M, and DG-1000E 
sailplanes and powered sailplanes, all serial numbers.
    The MCAI states an occurrence was reported of a broken rod end at 
the upper end of the elevator pushrod in the fin of a Model DG-300 
sailplane. It was determined that the elevator play adjustment screw 
was screwed in too far, which caused jamming of the roller inside the 
funnel. Even with higher force, the roller could not be moved up to the 
front of the funnel; therefore, each time, when rigging and during 
normal operation, a bending force affected the rod end, causing fatigue 
failure. Further investigation revealed that a significant number of 
certain sailplane models were operated with the elevator play 
adjustment screw screwed in too far. It was also determined that 
because of its location, the elevator pushrod end damage could not be 
detected using visual or non-destructive testing to identify fatigue 
cracks. This condition, if not detected and corrected, could lead to 
loss of pitch control of the (powered) sailplane. Due to the similarity 
of design, all DG sailplanes in the applicability of the MCAI (if 
equipped with automatic hook-up) could be affected by the unsafe 
condition.
    The MCAI requires a one-time operational check of the free play 
adjustment of the automatic elevator hook-up and, depending on the 
findings, replacement of the affected parts, and for a certain group of 
(powered) sailplanes, mandatory replacement of the rod end. The MCAI 
also requires following revised applicable Maintenance Manual tasks.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2316.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed the following material that specifies revising 
your existing glider maintenance manual and specifies procedures for 
accomplishing an operational check of the free play of the automatic 
elevator hook-up and installing new elevator pushrod ends and new 
elevator rollers and adjusting the free play, as applicable. These 
documents are distinct since they apply to different glider models.
     DG Aviation GmbH Technical Note No. DG-SS-09, Doc. No. 
TMDG-SS-09 FE-29-01, Issue 01.f, dated March 5, 2024, for Model DG-400 
gliders.
     DG Aviation GmbH Technical Note No. 500/17, Doc. No. 
TM500-17 FE-29-01, Issue 01.c, dated March 5, 2023, for Model DG-500 
gliders.
     DG Aviation GmbH Technical Note No. 800/50, Doc. No. 
TM800-50 FE-29-01, Issue 01.c, dated March 5, 2024, for Model DG-800 
gliders.
     DG Aviation GmbH Technical Note No. 1000/50, Doc. No. 
TM1000-50 FE-29-01, Issue 01.c, dated March 4, 2024, for Model DG-1000 
gliders.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and material referenced above. The FAA is issuing this AD 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the 
material already described, except as discussed under ``Differences 
Between this AD and the MCAI.''

Differences Between This AD and the MCAI

    The MCAI applies to Model DG-100G, DG-100G ELAN, DG-200, DG-200/17, 
DG-200/17C, DG-300, DG-300 ELAN, DG-300 Club ELAN, DG-300 ELAN ACRO, 
DG-300 Club ELAN ACRO, DG-600, DG-600/18, DG-600M, DG-600/18 M, DG-800 
LA, DG-800 S, DG-808 S, and DG-1000E gliders, but this AD does not 
because these models do not have an FAA type certificate.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
551 et seq.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because operating a glider with the elevator play adjustment screw 
screwed in too far could lead to a loss of pitch control of the glider 
and loss of the ability to control the glider in flight or during 
landing. The FAA has determined that certain gliders will need an 
operational check within 3 months and immediate action if any 
discrepancy is found and certain other

[[Page 79427]]

gliders will need replacement of an affected part within 3 months after 
the effective date of this AD. This compliance time is shorter than the 
time necessary for the public to comment and for publication of the 
final rule.
    Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 101 gliders of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Revise glider maintenance manual    1 work-hour x $85 per              $0              85  8,585.
 (Group 1 and Group 2 gliders).      hour = $85.
Perform operational check of the    1 work-hour x $85 per               0              85  8,585.
 free play adjustment of the         hour = $85.
 automatic elevator hook-up (Group
 1 and Group 2 gliders).
Replace the elevator pushrod end    2 work-hours x $85                100             270  7,020 (26 gliders).
 (Group 1 gliders).                  per hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary elevator 
roller replacement (both Group 1 and Group 2 gliders) or elevator rod 
replacement (Group 2 gliders) that would be required based on the 
results of the operational check. The agency has no way of determining 
the number of gliders that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the elevator roller with a new one and  2 work-hours x $85 per hour =                150             320
 adjust free play (Group 1 and Group 2           $170.
 gliders).
Replace the elevator pushrod end (Group 2       2 work-hours x $85 per hour =                100             270
 gliders).                                       $170.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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

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 airworthiness 
directive:

2024-19-12 DG Aviation GmbH (Type Certificate Previously Held by DG 
Flugzeugbau GmbH): Amendment 39-22854; Docket No. FAA-2024-2316; 
Project Identifier MCAI-2024-00381-G.

(a) Effective Date

    This airworthiness directive (AD) is effective October 15, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following:
    (1) DG Aviation GmbH (type certificate previously held by DG 
Flugzeugbau GmbH) Model DG-400 gliders, all serial numbers, 
certificated in any category, except those

[[Page 79428]]

with l'Hotellier connections of the elevator control installed; and
    (2) DG Aviation GmbH (type certificate previously held by DG 
Flugzeugbau GmbH) Model DG-500 Elan Orion, DG-500 Elan Trainer, DG-
500/20 Elan, DG-500/22 Elan, DG-500M, DG-500MB, DG-800A, DG-800B, 
DG-808C, DG-1000M, DG-1000S, and DG-1000T gliders, all serial 
numbers; certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2730, Elevator 
Control System.

(e) Unsafe Condition

    This AD was prompted by a report of a broken rod end at the 
upper end of the elevator pushrod in the fin (vertical tail) of a DG 
Aviation GmbH DG-300 glider. The FAA is issuing this AD to detect 
and address the unsafe condition. The unsafe condition, if not 
addressed, could result in loss of pitch control of the glider.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    For the purposes of this AD the definitions in paragraphs (g)(1) 
through (5) of this AD apply.
    (1) The ``applicable technical note for your glider'' is:
    (i) Model DG-400 gliders: DG Aviation GmbH Technical Note No. 
DG-SS-09, Doc. No. TMDG-SS-09 FE-29-01, Issue 01.f, dated March 5, 
2024.
    (ii) Model DG-500 gliders: DG Aviation GmbH Technical Note No. 
500/17, Doc. No. TM500-17 FE-29-01, Issue 01.c, dated March 5, 2023.
    (iii) Model DG-800 gliders: DG Aviation GmbH Technical Note No. 
800/50, Doc. No. TM800-50 FE-29-01, Issue 01.c, dated March 5, 2024.
    (iv) Model DG-1000 gliders: DG Aviation GmbH Technical Note No. 
1000/50, Doc. No. TM1000-50 FE-29-01, Issue 01.c, dated March 4, 
2024.
    (2) A ``new elevator pushrod end'' is an elevator pushrod with 
zero hours time-in-service (TIS) having a part number specified in 
the applicable technical note for your glider that has never been 
installed on any glider.
    (3) A ``new elevator roller'' is an elevator roller with zero 
hours TIS having a part number specified in the applicable technical 
note for your glider that has never been installed on any glider.
    (4) Group 1 gliders: Model DG-400 gliders.
    (5) Group 2 gliders: Model DG-500 Elan Orion, DG-500 Elan 
Trainer, DG-500/20 Elan, DG-500/22 Elan, DG-500M, DG-500MB, DG-800A, 
DG-800B, DG-808C, DG-1000M, DG-1000S, and DG-1000T gliders.

(h) Required Actions

    (1) Group 1 and Group 2 gliders: Within 3 months after the 
effective date of this AD, revise your existing glider maintenance 
manual in accordance with paragraph 1 of the Instructions in the 
applicable technical note for your glider.
    (2) Group 1 and Group 2 gliders: Within 3 months after the 
effective date of this AD, accomplish an operational check of the 
free play adjustment of the automatic elevator hook-up in accordance 
with paragraph 2 of the Instructions in the applicable technical 
note for your glider.
    (i) Group 1 gliders: If, during the operational check required 
by paragraph (h)(2) of this AD, any discrepancy as described in 
paragraph 2 of the Instructions in the applicable technical note for 
your glider is detected, before further flight, replace the elevator 
roller with a new elevator roller and adjust free play in accordance 
with paragraph 2 of the Instructions in the applicable technical 
note for your glider. Where the technical note for your glider 
specifies to ``mark the removed rod end as [an] unserviceable part'' 
this AD requires ``removing that elevator pushrod end from 
service.'' Where the technical note for your glider specifies ``If a 
new rod end is needed, order it immediately at DG'' this AD only 
requires ``replacing the elevator pushrod end with a new elevator 
pushrod end.''
    (ii) Group 2 gliders: If, during the operational check required 
by paragraph (h)(2) of this AD, any discrepancy, as described in 
paragraph 2 of the Instructions of the applicable technical note for 
your glider is detected, before further flight, replace either the 
elevator pushrod end or elevator roller or both, as applicable, with 
a new elevator pushrod end and new elevator roller and adjust the 
free play in accordance with paragraph 2 of the Instructions in the 
applicable technical note for your glider. Where the technical note 
for your glider specifies to ``mark the removed rod end as [an] 
unserviceable part'' this AD requires ``removing that elevator 
pushrod end from service.'' Where the technical note for your glider 
specifies ``If a new rod end is needed, order it immediately at DG'' 
this AD only requires ``replacing the elevator pushrod end with a 
new elevator pushrod end.''
    (3) Group 1 gliders: Within 3 months after the effective date of 
this AD, replace the elevator pushrod end with a new elevator 
pushrod end in accordance with paragraph 2 of the Instructions in 
the applicable technical note for your glider.

(i) Reporting Not Required

    Although the Remarks section of the material specified in 
paragraph (g)(1) of this AD states to report ``any damaged parts, 
false adjustment of the elevator control, or false installation of 
parts'' and ``If you find that airworthiness may be affected this 
has to be reported to the competent authority,'' this AD does not 
require those actions.

(j) Special Flight Permit

    Special flight permits are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (l) of 
this AD and email to: [email protected]. Before using any approved AMOC, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding district office.

(l) Additional Information

    For more information about this AD, contact Fred Guerin, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (206) 231-2346; email: 
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) DG Aviation GmbH Technical Note No. DG-SS-09, Doc. No. TMDG-
SS-09 FE-29-01, Issue 01.f, dated March 5, 2024.
    (ii) DG Aviation GmbH Technical Note No. 500/17, Doc. No. TM500-
17 FE-29-01, Issue 01.c, dated March 5, 2023.
    (iii) DG Aviation GmbH Technical Note No. 800/50, Doc. No. 
TM800-50 FE-29-01, Issue 01.c, dated March 5, 2024.
    (iv) DG Aviation GmbH Technical Note No. 1000/50, Doc. No. 
TM1000-50 FE-29-01, Issue 01.c, dated March 4, 2024.
    (3) For DG Aviation GmbH material identified in this AD, contact 
DG Aviation GmbH, Otto-Lilienthal Weg 2/Am Flugplatz, 76646 
Bruchsal, Germany; phone: +49 (0) 7251 36660-32; email: [email protected]; website: dg-aviation.de/en/dg-flugzeugbau/contact.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on September 19, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-22321 Filed 9-25-24; 4:15 pm]
BILLING CODE 4910-13-P