50688 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Material Incorporated by Reference 

(i) You must use Boeing Special Attention 

Service Bulletin 747–27–2422, dated October 

30, 2008, 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 Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

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, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 18, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23555 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0897; Directorate 

Identifier 2009–CE–048–AD; Amendment 

39–16036; AD 2009–20–13] 

RIN 2120–AA64 

Airworthiness Directives; Glaser-Dirks 

Flugzeugbau GmbH Model DG–100 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

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 the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During a pre-flight inspection of a DG–100 

sailplane, a rod end of the aileron control 

push-rod at the control column was found 

broken. 

The investigation revealed that the broken 

rod end was made of machining steel as 

initially used in the first years at GlaserDirks. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

October 21, 2009. 

On October 21, 2009, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by November 16, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.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: 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. 

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 this AD, 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. 

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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Emergency AD No.: 2009–0167–E, dated 

July 30, 2009 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During a pre-flight inspection of a DG–100 

sailplane, a rod end of the aileron control 

push-rod at the control column was found 

broken. 

The investigation revealed that the broken 

rod end was made of machining steel as 

initially used in the first years at GlaserDirks. 

This new Airworthiness Directive (AD) 

mandates inspection and as necessary 

replacement of the control column rod ends 

with high-strength steel rod ends. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

DG Flugzeugbau GmbH has issued 

Technical note No. 301/25, 323/16, Rev. 

1, dated August 4, 2009. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of the AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we 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 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 

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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 50689 

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 a recent pre-flight 

inspection detected a broken rod end of 

the aileron control push rod in the 

control column. An investigation 

revealed that the broken rod end was 

made of machining steel that was used 

in the initial production years of GlaserDirks. The aileron control column push 

rod has been redesigned and is now 

made from high strength steel. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer than 

30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite 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–2009–0897; 

Directorate Identifier 2009–CE–048– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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 that 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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–20–13 Glaser-Dirks Flugzeugbau 

GmbH: Amendment 39–16036; Docket 

No. FAA–2009–0897; Directorate 

Identifier 2009–CE–048–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 21, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model DG–100 

gliders, all serial numbers, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

‘‘During a pre-flight inspection of a DG– 

100 sailplane, a rod end of the aileron control 

push-rod at the control column was found 

broken. The investigation revealed that the 

broken rod end was made of machining steel 

as initially used in the first years at GlaserDirks. This new Airworthiness Directive (AD) 

mandates inspection and as necessary 

replacement of the control column rod ends 

with high-strength steel rod ends.’’ 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Before further flight after October 21, 

2009 (the effective date of this AD), inspect 

the control column rod end following 

paragraph 1 of the Instructions section of DG 

Flugzeugbau Technical note No. 301/25, 323/ 

16, Rev. 1, dated August 4, 2009. 

(2) If, during the inspection, an X is not 

found on the rod end, replace the rod end 

with a high-strength steel rod end (identified 

with an X on the rod end) following 

paragraph 2 of the Instructions section of DG 

Flugzeugbau Technical note No. 301/25, 323/ 

16, Rev. 1, dated August 4, 2009, as follows: 

(i) Before further flight if any defects 

(cracks, corrosion pits, etc.) are found; or 

(ii) Within 3 months after October 21, 2009 

(the effective date of this AD) if no defects 

are found. 

(3) As of the effective date of this AD, 

adhere to the following using the referenced 

service information: 

(i) If installing a rod end without an X, 

ensure it has passed the inspection in 

paragraph (f)(1) of this AD and replace it with 

one with an X no later than 3 months after 

October 21, 2009 (the effective date of this 

AD); and 

(ii) As of 3 months after October 21, 2009 

(the effective date of this AD), only install a 

rod end with an X. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: 

(1) DG Flugzeugbau GmbH Technical Note 

No. 301/25, 323/16, Rev. 1, dated August 4, 

2009, states that instruction 1 may be 

executed by the pilot/owner. By FAA 

regulations, this AD requires all affected 

gliders to have the required actions done by 

an appropriately-rated mechanic. 

(2) The MCAI states to do the actions 

following DG Flugzeugbau GmbH Technical 

Note No. 301/25 or DG Flugzeugbau GmbH 

Technical Note No. 323/16, both initial issue 

dated July 17, 2009. DG Flugzeugbau GmbH 

updated the technical note after the MCAI 

was issued. We are requiring you use the 

updated technical note (DG Flugzeugbau 

GmbH Technical Note No. 301/25, 323/16, 

Rev. 1, dated August 4, 2009) to do the 

actions required. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

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50690 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

(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 

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 European Aviation 

Safety Agency (EASA) Emergency AD No.: 

2009–0167–E, dated July 30, 2009, and DG 

Flugzeugbau GmbH Technical Note No. 301/ 

25, 323/16, Rev. 1, dated August 4, 2009, for 

related information. 

Material Incorporated by Reference 

(i) You must use DG Flugzeugbau GmbH 

Technical Note No. 301/25, 323/16, Rev. 1, 

dated August 4, 2009, 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, 

Otto-Lilienthal-Weg 2, 76646 Bruchsal, 

Federal Republic of Germany; telephone: + 

49 (0) 7251 3020140; Fax: +49 (0) 7251 

3020149; Internet: http://www.dgflugzeugbau.de/index-e.html; E-Mail: 

dirks@dg-flugzeugbau.de. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/

code_of_federal_regulations/ibr_

locations.html. 

Issued in Kansas City, Missouri on 

September 24, 2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23543 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0646; Directorate 

Identifier 2007–NM–359–AD; Amendment 

39–16031; AD 2009–20–08] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 727 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 727 airplanes. This AD 

requires performing an operational test 

of the engine fuel suction feed of the 

fuel system, and other related testing 

and corrective actions if necessary. This 

AD results from a report of in-service 

occurrences of loss of fuel system 

suction feed capability, followed by 

total loss of pressure of the fuel feed 

system. We are issuing this AD to detect 

and correct failure of the engine fuel 

suction feed capability of the fuel 

system, which could result in multiengine flameout, inability to restart the 

engines, and consequent forced landing 

of the airplane. 

DATES: This AD becomes effective 

November 5, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 5, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1, fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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 this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the 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: Sue 

Lucier, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6438; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a supplemental 

notice of proposed rulemaking (NPRM) 

to amend 14 CFR part 39 to include an 

AD that would apply to certain Boeing 

Model 727 airplanes. That supplemental 

NPRM was published in the Federal 

Register on December 10, 2008 (73 FR 

75009). That supplemental NPRM 

proposed to require performing an 

operational test of the engine fuel 

suction feed of the fuel system, and 

other related testing and corrective 

actions if necessary. That supplemental 

NPRM also proposed to reduce the 

compliance time for low-utilization 

airplanes. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received on 

the supplemental NPRM. 

Support for the AD 

Boeing concurs with the content of 

the supplemental NPRM. 

Request for Credit for Certain Actions 

in AD 2007–11–08 

FedEx Express states that the 

operational test of the engine fuel 

suction feed of the fuel system, 

provided in Boeing Service Bulletin 

727–28–80, dated June 21,1985, and 

specified in paragraph (f) of the 

supplemental NPRM, seems to be 

equivalent to the operational test 

required by AD 2007–11–08, 

amendment 39–15065 (72 FR 28594, 

May 22, 2007). We referred to Boeing 

Alert Service Bulletin 727–28–A0132, 

dated February 22, 2007, as the 

appropriate source of service 

information for doing certain 

requirements (including an operational 

test) in AD 2007–11–08. FedEx Express 

believes that the supplemental NPRM 

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