Airworthiness directives: Diamond Aircraft Industries GmbH,

[Federal Register: July 22, 2002 (Volume 67, Number 140)]

[Rules and Regulations]

[Page 47680-47682]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22jy02-2]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-11-AD; Amendment 39-12829; AD 2002-15-01]

RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH Models H-36 ``Dimona'', HK 36 R ``Super Dimona'', HK 36 TC, HK 36 TS, HK 36 TTC, HK 36 TTC-ECO, HK 36 TTC-ECO (Restricted Category), and HK 36 TTS Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a new airworthiness directive (AD) that applies to all Diamond Aircraft Industries GmbH (Diamond) Models H-36 ``Dimona'', HK 36 R ``Super Dimona'', HK 36 TC, HK 36 TS, HK 36 TTC, HK 36 TTC-ECO, HK 36 TTC-ECO (Restricted Category), and HK 36 TTS sailplanes. This AD requires you to inspect the long aileron push rods in both wings for damage and modify the push rods. This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Austria. The actions specified by this AD are intended to detect and correct damage in the long aileron push control rods, which could result in failure of the aileron push rods and decreased control. Such failure could lead to aeroelastic flutter.

DATES: This AD becomes effective on September 3, 2002.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of September 3, 2002.

ADDRESSES: You may get the service information referenced in this AD from Diamond Aircraft Industries GmbH, N.A. Otto-Strasse 5, A-2700 Wiener Neistadt, Austria; telephone: 43 2622 26 700; facsimile: 43 2622 26 780. You may view this information at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2002-CE-11-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106;

[[Page 47681]]

telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

The Austro Control GmbH (Austro Control), which is the airworthiness authority for Austria, recently notified FAA that an unsafe condition may exist on all Diamond Models H-36 ``Dimona'', HK 36 R ``Super Dimona'', HK 36 TC, HK 36 TS, HK 36 TTC, HK 36 TTC-ECO, HK 36 TTC-ECO (Restricted Category), and HK 36 TTS sailplanes. The Austro Control reports that during the preflight of one sailplane, the long aileron push rod was found to be broken. On several sailplanes, the aileron push control rods in both wings were found damaged due to contact or interference with the support for the aileron bellcrank.

What Is the Potential Impact If FAA Took No Action?

If the damaged aileron push control rods are not detected and corrected, the damage could result in failure of the aileron push rods and decreased control. Such failure could lead to aeroelastic flutter.

Has FAA Taken Any Action to This Point?

We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Diamond Models H-36 ``Dimona'', HK 36 R ``Super Dimona'', HK 36 TC, HK 36 TS, HK 36 TTC, HK 36 TTC-ECO, HK 36 TTC-ECO (Restricted Category), and HK 36 TTS sailplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on May 20, 2002 (67 FR 35459). The NPRM proposed to require you to inspect the long aileron push rods in both wings for damage and modify the push rods.

Was the Public Invited To Comment?

The FAA encouraged interested persons to participate in the making of this amendment. We did not receive any comments on the proposed rule or on our determination of the cost to the public.

FAA's Determination

What Is FAA's Final Determination on This Issue?

After careful review of all available information related to the subject presented above, we have determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. We have determined that these minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the unsafe condition; and --Do not add any additional burden upon the public than was already proposed in the NPRM.

Cost Impact

How Many Sailplanes Does This AD Impact?

We estimate that this AD affects 45 sailplanes in the U.S. registry.

What Is the Cost Impact of This AD on Owners/Operators of the Affected Sailplanes?

We estimate the following costs to accomplish the inspection:

Total cost per Labor cost

Parts cost

sailplane Total cost on U.S. operators

1 workhour x $60 per hour = $60..... None...................

$60 $60 x 45 = $2,700

We estimate the following costs to accomplish the modification:

Total cost per Labor cost

Parts cost

sailplane Total cost on U.S. operators

2 workhours x $60 per hour = $120... $80....................

$200 $200 x 45 = $9,000

Compliance Time of This AD

Why Is a Compliance Time of 10 Hours Time-in-Service (TIS) Used for the Inspection of the Long Aileron Push Rods?

Normally, FAA uses a 10-hour TIS compliance time for urgent safety of flight conditions. However, sailplane operation varies among operators. It might take operators between 3 months to 12 months or more to accumulate 10 hours TIS. For this reason, FAA has determined that the compliance time of this AD should be 10 hours TIS to ensure this condition is corrected in a timely manner but does not unduly penalize operators.

Regulatory Impact

Does This AD Impact Various Entities?

The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

For the reasons discussed above, I certify that this action (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. A copy of the final evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES.

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 Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

   [[Page 47682]]

   2002-15-01 Diamond Aircraft Industries GMBH: Amendment 39-12829; Docket No. 2002-CE-11-AD.

   (a) What sailplanes are affected by this AD? This AD affects Models H-36 ``Dimona'', HK 36 R ``Super Dimona'', HK 36 TC, HK 36 TS, HK 36 TTC, HK 36 TTC-ECO, HK 36 TTC-ECO (Restricted Category), and HK 36 TTS sailplanes, all serial numbers, that are certificated in any category.

   (b) Who must comply with this AD? Anyone who wishes to operate any of the sailplanes identified in paragraph (a) of this AD must comply with this AD.

   (c) What problem does this AD address? The actions specified by this AD are intended to detect and correct damage in the long aileron push control rods, which could result in failure of the aileron push rods and decreased control. Such failure could lead to aeroelastic flutter.

   (d) What actions must I accomplish to address this problem? To address this problem, you must accomplish the following:

   Actions

   Compliance

   Procedures

   (1) Inspect the long aileron Within the next 10 In accordance with push rods in both wings. hours time-in-

   paragraph 1.8 service (TIS) after Measures of Diamond September 3, 2002 Aircraft Industries (the effective date GmbH Service of this AD).

   Bulletin No. MSB36- 72, dated February 1, 2002; Diamond Aircraft Industries GmbH Work Instruction No. WI- MSB36-72, dated February 1, 2002; and the applicable sailplane maintenance manual.

   (2) If any long aileron push Before further

   In accordance with rods are found damaged

   flight, after the paragraph 1.8 during the inspection

   inspection required Measures of Diamond required in paragraph

   in paragraph (d)(1) Aircraft Industries (d)(1) of this AD, modify of this AD.

   GmbH Service the push rods.

   Bulletin No. MSB36- 72, dated February 1, 2002; Diamond Aircraft Industries GmbH Work Instruction No. WI- MSB36-72, dated February 1, 2002; and the applicable sailplane maintenance manual.

   (3) If no damage is found Within the next 25 In accordance with during the inspection

   hours TIS after paragraph 1.8 required in paragraph

   September 3, 2002 Measures of Diamond (d)(1), modify the push (the effective date Aircraft Industries rods.

   of this AD).

   GmbH Service Bulletin No. MSB36- 72, dated February 1, 2002; Diamond Aircraft Industries GmbH Work Instruction No. WI- MSB36-72, dated February 1, 2002; and the applicable sailplane maintenance manual.

   (e) Can I comply with this AD in any other way? You may use an alternative method of compliance or adjust the compliance time if:

   (1) Your alternative method of compliance provides an equivalent level of safety; and

   (2) The Standards Office Manager, Small Airplane Directorate, approves your alternative. Submit your request through an FAA Principal Maintenance Inspector, who may add comments and then send it to the Standards Office Manager.

   Note 1: This AD applies to each sailplane identified in paragraph (a) of this AD, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For sailplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (e) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if you have not eliminated the unsafe condition, specific actions you propose to address it.

   (f) Where can I get information about any already-approved alternative methods of compliance? Contact Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; facsimile: (816) 329-4090.

   (g) What if I need to fly the sailplane to another location to comply with this AD? The FAA can issue a special flight permit under sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate your sailplane to a location where you can accomplish the requirements of this AD.

   (h) Are any service bulletins incorporated into this AD by reference? Actions required by this AD must be done in accordance with Diamond Aircraft Industries GmbH Service Bulletin No. MSB36-72, dated February 1, 2002; and Diamond Aircraft Industries GmbH Work Instruction No. WI-MSB36-72, dated February 1, 2002. The Director of the Federal Register approved this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. You may get copies from Diamond Aircraft Industries GmbH, N.A. Otto-Strasse 5, A-2700 Wiener Neistadt, Austria; telephone: 43 2622 26 700; facsimile: 43 2622 26 780. You may view copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

   Note 2: The subject of this AD is addressed in Austrian AD No. 111, dated February 26, 2002.

   (i) When does this amendment become effective? This amendment becomes effective on September 3, 2002.

   Issued in Kansas City, Missouri, on July 12, 2002. Dorenda D. Baker, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

   [FR Doc. 02-18333Filed7-19-02; 8:45 am]

   BILLING CODE 4910-13-P