Federal Register, Volume 73 Issue 2 (Thursday, January 3, 2008)

[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Rules and Regulations]
[Pages 400-402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25212]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28843 Directorate Identifier 2007-CE-065-AD;
Amendment 39-15317; AD 2007-26-25]
RIN 2120-AA64

Airworthiness Directives; DG Flugzeugbau GmbH Model DG-500MB
Gliders

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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 an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

In some cases the electric motor of the spindle drive detached
itself from the spindle drive, causing the powerplant to retract
itself after engine shutdown. In another case the attachment fork on
the spindle drive failed with the same consequences.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective February 7, 2008.
On February 7, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

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.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 20, 2007 (72
FR 46411). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

The MCAI requires you to modify the affected parts and exchange
pages in the flight, maintenance, and repair manuals.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
The FAA reviewed the proposed requirement of the NPRM to exchange
pages in the flight, maintenance, and repair manuals. We have
determined that the exchange of certain pages in the flight,
maintenance, and repair manuals is outside the scope of what is needed
to correct the unsafe condition for aircraft of U.S. registry.

Conclusion

We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed, except for
eliminating the need to exchange manual pages.

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

[[Page 401]]

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 also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

We estimate that this AD will affect 5 products of U.S. registry.
We also estimate that it will take about 5 work-hours per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour. Required parts will cost about $422 per product.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $4,110 or $822 per product.

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 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.

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 the NPRM, 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.

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:

2007-26-25 DG Flugzeugbau GmbH: Amendment 39-15317; Docket No. FAA-
2007-28843; Directorate Identifier 2007-CE-065-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective February
7, 2008.

Affected ADs

(b) None.

Applicability

Subject

(d) Air Transport Association of America (ATA) Code 24: Electric
Power.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
In some cases the electric motor of the spindle drive detached
itself from the spindle drive, causing the powerplant to retract
itself after engine shutdown. In another case the attachment fork on
the spindle drive failed with the same consequences.

The MCAI requires you to modify the affected parts and exchange
pages in the flight, maintenance, and repair manuals.

Actions and Compliance

(f) Unless already done, within 90 days after February 7, 2008
(the effective date of this AD):
(1) Secure the connection between the spindle drive ``Stross
BSA10'' and the spindle drive motor following DG Flugzeugbau GmbH
Working instruction No. 1, dated January 23, 2006, as referenced in
DG Flugzeugbau GmbH Technical Note No. 843-24, dated January 31,
2006.
(2) Replace the fork 8M233/1 from the spindle drive with the
strengthened fork 8M233``f''; replace the bearing support with the
modified support 8M229``e''; and secure the spindle drive fork
between the spindle drive ``Stross BSA10'' and the spindle drive
motor following DG Flugzeugbau GmbH Working instruction No. 2, dated
January 30, 2006, as referenced in DG Flugzeugbau GmbH Technical
Note No. 843-24, dated January 31, 2006; DG Flugzeugbau GmbH Drawing
5M210, Spindle drive Stross BSA 10 assembly, issued: January 22,
2003, revised: May 19, 2006; and DG Flugzeugbau GmbH Drawing 5M211,
Spindle drive Stross BSA 10 assembly with strengthened fork
8M233``f'', issued: January 23, 2006.

Note 1: We recommend that you insert and update the new Flight
Manual pages 0.1, 0.3, 0.4, 2.8, 3.7, 3.8, 4.1, 4.25, 4.26; the new
Maintenance Manual pages 1, 2, 3, 4, 5, 42, 49, 68, 89, 89a, 93, and
Enclosure 1; and the new Repair Manual pages 1, 2, 7, and 8
following DG Flugzeugbau GmbH Technical Note No. 843-24, dated
January 31, 2006.

FAA AD Differences

Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) The service information specifies a one-time inspection of
the fork and requires replacement if cracks are found. This AD
requires mandatory replacement of these parts with redesigned parts.
The FAA believes mandatory replacement rather than inspection will
prevent failure of these parts in the future.
(2) The MCAI requires, for gliders certificated for operation in
Germany, to have the pages in the flight, maintenance, and repair
manuals exchanged.We have determined that the exchange of these
pages is outside the scope of what is needed to correct the unsafe
condition for gliders certificated for operation in the United
States.

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

[[Page 402]]

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 Federal Republic of Germany Luftfahrt-
Bundesamt AD D-2006-060, dated March 6, 2006; and DG Flugzeugbau
GmbH Technical Note No. 843-24, dated January 31, 2006.

Material Incorporated by Reference

(i) You must use DG Flugzeugbau GmbH Technical Note No. 843-24,
dated January 31, 2006; DG Flugzeugbau GmbH Working instruction No.
1, dated January 23, 2006; DG Flugzeugbau GmbH Working instruction
No. 2, dated January 30, 2006; DG Flugzeugbau GmbH Drawing 5M210,
Spindle drive Stross BSA 10 assembly, revised May 19, 2006; and DG
Flugzeugbau GmbH Drawing 5M211, Spindle drive Stross BSA 10 assembly
with strengthened fork 8M233``f'', dated January 23, 2006, 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, Im Schollengarten 20, D-76646 Bruchsal 4, Federal
Republic of Germany.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Issued in Kansas City, Missouri, on December 20, 2007.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-25212 Filed 1-2-08; 8:45 am]
BILLING CODE 4910-13-P