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

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.

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 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: