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: info@dg-aviation.de;
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: fred.guerin@faa.gov.

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:

Estimated Costs

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

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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: