AD 2020-13-09

[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47638-47641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-17043]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0600; Product Identifier 2019-CE-043-AD; Amendment 
39-21154; AD 2020-13-09]
RIN 2120-AA64


Airworthiness Directives; 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 all 
DG Flugzeugbau GmbH Models DG-500 Elan Orion, DG-500 Elan Trainer, DG-
500/20 Elan, DG-500/22 Elan, DG-500M, and DG-500MB gliders and certain 
Models DG-1000S and DG-1000T gliders. 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 rear locking rod of the rear canopy rotating out of 
the threads of the operating mechanism, which could lead to blocking of 
the canopy emergency release system, preventing safe escape of 
occupants from the glider. The FAA is issuing this AD to require 
actions to address the unsafe condition on these products.

DATES: This AD is effective August 26, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 26, 
2020.
    The FAA must receive comments on this AD by September 21, 2020.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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.
    For the DG Flugzeugbau GmbH service information and Repair 
Instruction RI-DG-05 identified in this AD, contact DG-Flugzeugbau 
GmbH, Otto Lilienthal Weg 2, D-76646, Bruchsal, Germany, telephone: +49 
(0) 7251 3020-0, fax: +49 (0) 7251 3020-200; email: 
<a href="/cdn-cgi/l/email-protection#42262b302931022625242e3725382737252023376c2627"><span class="__cf_email__" data-cfemail="47232e352c34072320212b32203d223220252632692322">[email&#160;protected]</span></a>; internet: <a href="https://www.dg-flugzeugbau.de/en/">https://www.dg-flugzeugbau.de/en/</a>. 
You may view this referenced service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148. It is also available on 
the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2020-0600.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0600; 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 AD, the regulatory evaluation, any 
comments received, and other information. The street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, General Aviation & Rotorcraft Section, International Validation 
Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: 
(816) 329-4165; fax: (816) 329-4090; email: <a href="/cdn-cgi/l/email-protection#e78d8e8ac99592938f829581889583a7818686c9808891"><span class="__cf_email__" data-cfemail="f69c9f9bd88483829e938490998492b6909797d8919980">[email&#160;protected]</span></a>.

[[Page 47639]]


SUPPLEMENTARY INFORMATION:

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA AD No. 2019-0237R1, dated September 24, 2019, (referred to 
after this as ``the MCAI''), to correct an unsafe condition for DG 
Flugzeugbau GmbH Models DG-500 Elan Orion, DG-500 Elan Trainer, DG-500/
20 Elan, DG-500/22 Elan, DG-500M and DG-500MB, and certain Models DG-
1000S and DG-1000T gliders. The MCAI states:

    Occurrences have been reported where the rear locking rod of the 
rear canopy rotated out of the threads of the operating mechanism. 
Due to the similarity in design, the front canopy locking mechanism 
may also be affected.
    This condition, if not detected and corrected, could lead to 
blocking of the canopy emergency release system, possibly preventing 
safe escape of the occupant(s) from the (powered) sailplane in case 
of an in-flight emergency.
    To address this unsafe condition, DG-Flugzeugbau published the 
TN [DG-Flugzeugbau GmbH Technical Note TN1000/42 and TN500/13] and 
the RI [Repair Instruction RI-DG-05] to provide inspection and 
repair instructions.
    For the reason described above, this [EASA] AD requires 
repetitive inspections of the front and rear canopy to determine if 
the end of the rear locking rod protrudes over the canopy frame 
contour, and annual checks of the front and rear canopy rear locking 
rods to determine that they are screwed in tightly, and, depending 
on findings, repair of the canopy rear locking rods. This [EASA] AD 
also requires amendment of the applicable Aircraft Flight Manual 
(AFM).
    This [EASA] AD is revised to remove the references to the TN 
instruction paragraphs, which have changed with TN issue 01.b. The 
revised TN issues were added to the list of reference publications.

    You may examine the MCAI on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0600.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed DG Flugzeugbau GmbH Technical Note No. 1000/42, 
Document No. TM1000-42 FE-29-01, Issue 01.b, dated September 11, 2019; 
and Technical Note TN500/13, Document No. TM1000-42 FE-29-01, Issue 
01.b, dated September 11, 2019; which are co-published as one document. 
The service information contains procedures for inspecting the rear 
locking rods on both the front and rear canopy for rod protrusion.
    This service information 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.

Other Related Service Information

    The FAA also reviewed Repair Instruction RI-DG-05, dated August 15, 
2019. The service information is referenced in DG Flugzeugbau GmbH 
Technical Note No. 1000/42, Document No. TM1000-42 FE-29-01, Issue 
01.b, dated September 11, 2019; and Technical Note TN500/13, Document 
No. TM1000-42 FE-29-01, Issue 01.b, dated September 11, 2019; and 
contains procedures for repairing the rear locking rods of the canopy 
lock.

FAA's Determination and Requirements of the AD

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to our bilateral agreement with this State of Design 
Authority, it has notified us of the unsafe condition described in the 
MCAI and service information referenced above. The FAA is issuing this 
AD because it 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

    The MCAI requires a daily inspection of the front and rear canopy, 
and this AD does not.

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 the 
FAA has determined that the required corrective actions must be 
accomplished before further flight. Therefore, the FAA finds good cause 
that notice and opportunity for prior public comment are impracticable. 
In addition, for the reason stated above, it finds that good cause 
exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites 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-2020-0600; 
Product Identifier 2019-CE-043-AD'' at the beginning of your comments. 
The FAA will consider all comments received by the closing date and may 
amend this AD 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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact received about this AD.

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 Jim 
Rutherford, Aerospace Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, Kansas 
City, Missouri 64106. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Costs of Compliance

    The FAA estimates that this AD will affect 47 products of U.S. 
registry. The FAA also estimates that it would take 1.5 work-hours per 
product to inspect the canopy rear locking rods. In addition, the FAA 
estimates that it would take 0.5 work-hour per product to revise the 
aircraft flight manual. The average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the annual cost of this 
AD on U.S. operators to be $7,990, or $170 per product.
    In addition, the FAA estimates that any necessary follow-on repairs 
to the canopy rear locking rods will take 8 work-hours and require 
parts costing $200, for a cost of $880 per product. The

[[Page 47640]]

FAA has no way of determining the number of products that may need 
these actions.

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 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 FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Regulatory Findings

    The FAA 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, 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.

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

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:

2020-13-09 DG Flugzeugbau GmbH: Amendment 39-21154; Docket No. FAA-
2020-0600; Product Identifier 2019-CE-043-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 26, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH Models DG-500 Elan Orion, 
DG-500 Elan Trainer, DG-500/20 Elan, DG-500/22 Elan, DG-500M, and 
DG-500MB gliders, all serial numbers; and DG-1000S and DG-1000T 
gliders, serial numbers up to and including 10-144; certificated in 
any category.

(d) Subject

    Air Transport Association of America (ATA) Code 44: Cabin 
Systems.

(e) Reason

    This AD was prompted by the rear locking rod of the rear canopy 
rotating out of the threads of the operating mechanism. Due to the 
similarity in design, the front canopy locking mechanism may also be 
affected. The FAA is issuing this AD to repetitively inspect the 
front and rear canopy locking rods, and make repairs as necessary, 
to prevent blocking of the canopy emergency release system, which 
could affect the evacuation of occupants from the glider in an 
emergency.

 (f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Before further flight after August 26, 2020 (the effective 
date of this AD), revise the flight manual for your glider by 
inserting the flight manual pages listed in Instruction 5 of DG 
Flugzeugbau GmbH Technical Note (TN) No. 1000/42, Document No. 
TM1000-42 FE-29-01, Issue 01.b, dated September 11, 2019, and TN No. 
500/13, Document No. TM1000-42 FE-29-01, Issue 01.b, dated September 
11, 2019, which are co-published as one document (TM1000-42 FE-29-
01). This action may be performed by the owner/operator (pilot) 
holding at least a private pilot certificate and must be entered 
into the aircraft records showing compliance with this AD in 
accordance with 14 CFR 43.9 (a)(1) through (4) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.
    (2) Before further flight after August 26, 2020 (the effective 
date of this AD), and thereafter at each annual inspection, inspect 
the rear locking rods of the front and rear canopy and repair any 
discrepancies by following Instructions 1 through 3 in TM1000-42 FE-
29-01.

 (g) Alternative Methods of Compliance (AMOCs)

    The Manager, Small Airplane Standards Branch, 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: Jim 
Rutherford, Aerospace Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 
329-4090; email: <a href="/cdn-cgi/l/email-protection#6d070400431f181905081f0b021f092d0b0c0c430a021b"><span class="__cf_email__" data-cfemail="62080b0f4c1017160a0710040d1006220403034c050d14">[email&#160;protected]</span></a>. 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.

(h) Related Information

    Refer to MCAI European Union Aviation Safety Agency AD No. 2019-
0237R1, dated September 24, 2019. You may examine the MCAI on the 
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2020-0600.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) DG Flugzeugbau GmbH Technical Note No. 1000/42 Document No. 
TM1000-42 FE-29-01, Issue 01.b, dated September 11, 2019.
    (ii) DG Flugzeugbau GmbH Technical Note No. TN500/13, Document 
No. TM1000-42 FE-29-01, Issue 01.b, dated September 11, 2019.

    Note 1 to paragraph (i)(2) of this AD: DG Flugzeugbau GmbH 
Technical Note No. 1000/42 Document No. TM1000-42 FE-29-01, Issue 
01.b, dated September 11, 2019; and DG Flugzeugbau GmbH Technical 
Note No. TN500/13, Document No. TM1000-42 FE-29-01, Issue 01.b, 
dated September 11, 2019, are co-published as one document.

    (3) For the DG Flugzeugbau GmbH service information and Repair 
Instruction RI-DG-05 identified in this AD, contact DG-Flugzeugbau 
GmbH, Otto Lilienthal Weg 2, D-76646, Bruchsal, Germany, telephone: 
+49 (0) 7251 3020-0, fax: +49 (0) 7251 3020-200; email: 
<a href="/cdn-cgi/l/email-protection#3c58554e574f7c585b5a50495b4659495b5e5d49125859"><span class="__cf_email__" data-cfemail="83e7eaf1e8f0c3e7e4e5eff6e4f9e6f6e4e1e2f6ade7e6">[email&#160;protected]</span></a>; internet: <a href="https://www.dg-flugzeugbau.de/en/">https://www.dg-flugzeugbau.de/en/</a>.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call (816) 329-4148. It is 
also available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0600.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA,

[[Page 47641]]

email: <a href="/cdn-cgi/l/email-protection#9dfbf8f9eff8fab3f1f8fafcf1ddf3fceffcb3faf2eb"><span class="__cf_email__" data-cfemail="395f5c5d4b5c5e17555c5e58557957584b58175e564f">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on June 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-17043 Filed 8-5-20; 8:45 am]
BILLING CODE 4910-13-P