[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Proposed Rules]
[Pages 7324-7326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3638]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-134-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH Models 
H-36 ``Dimona'' and HK 36 R ``Super Dimona'' Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Diamond Aircraft Industries GmbH 
(Diamond) Models H-36 ``Dimona'' and HK 36 R ``Super Dimona'' 
sailplanes. The proposed AD would require: inspecting the elevator rib 
area for damage on certain Models H-36 ``Dimona'' and HK 36 R ``Super 
Dimona'' sailplanes, and either immediately or eventually replacing the 
elevator ribs depending on the results of the inspection; replacing the 
M6 screws that attach the wheel axle to steel support with M8 screws on 
all of the affected airplanes; and inspecting the shoulder harness 
fittings for improper bonding on certain Diamond Model H-36 ``Dimona'' 
sailplanes, and repairing any harness with an improper bond. The 
proposed AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Austria. 
The actions specified by the proposed AD are intended to prevent 
failure of either the shoulder harness fittings, elevator rib, or the 
wheel axle to steel support attachment, which could result in passenger 
injury caused by an inadequate restraint system; reduced sailplane 
controllability caused by structural damage to the elevator; and/or 
reduced sailplane controllability during takeoff, landing, and ground 
operations caused by the installation of incorrect wheel axle screws.

DATES: Comments must be received on or before March 17, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-134-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106. Comments may be inspected at this 
location between 8 a.m. and 4 p.m., Monday through Friday, holidays 
excepted.
    Service information that applies to the proposed AD may be obtained 
from Diamond Aircraft Industries, G.m.b.H., N.A. Otto-Strabe 5, A-2700, 
Wiener Neustadt, Austria. This information also may be examined at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Kiesov, Aerospace Engineer, 
Small Airplane Directorate, Aircraft Certification Service, FAA, 1201 
Walnut, suite 900, Kansas City, Missouri 64106; telephone: (816) 426-
6934; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-134-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the

[[Page 7325]]

Regional Counsel, Attention: Rules Docket No. 97-CE-134-AD, Room 1558, 
601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

    The Austro Control GmbH, which is the airworthiness authority for 
Austria, notified the FAA that unsafe conditions may exist on certain 
Diamond Models H-36 ``Dimona'', and HK 36 R ``Super Dimona'' 
sailplanes. The Austro Control GmbH reports the following:
    --That a loose elevator rib on one of the above-referenced 
sailplanes was found during normal maintenance. Diamond reported to the 
Austro Control GmbH that improper sealing of the elevator was the cause 
of the problem;
    --That improper bolts may have been installed on the attachment of 
the wheel axle to steel support on certain Models H-36 ``Dimona'' and 
HK 36 R ``Super Dimona'' sailplanes; and
    --That the shoulder harness fittings to the main bulkhead on three 
Model H-36 ``Dimona'' sailplanes were found damaged. An example of how 
these harnesses were damaged is through the impact experienced when the 
canopy is opened with force.
    These conditions, if not corrected in a timely manner, could result 
in failure of either the shoulder harness fittings, elevator rib, or 
the wheel axle to steel support attachment. This could lead to 
passenger injury caused by an inadequate restraint system; reduced 
sailplane controllability caused by structural damage to the elevator; 
and/or reduced sailplane controllability during takeoff, landing, and 
ground operations caused by the installation of incorrect wheel axle 
screws.

Relevant Service Information

    The following service information references and provides 
information related to the above-referenced conditions:
    --Diamond Service Bulletin No. 51, dated March 30, 1996, which 
specifies inspecting the elevator rib area for damage on the Diamond 
Models H-36 ``Dimona'' and HK 36 R ``Super Dimona'' airplanes, and 
replacing the elevator ribs. Diamond Work Instruction No. 21, dated 
March 20, 1996, includes the procedures necessary to accomplish the 
above-referenced actions;
    --Hoffman Service Bulletin No. 27, dated May 31, 1991, which 
specifies replacing the M6 screws that attach the wheel axle to steel 
support with M8 screws on the Diamond Models H-36 ``Dimona'' and HK 36 
R ``Super Dimona'' airplanes. Hoffman Work Instruction No. 10, dated 
May 29, 1991, includes the procedures necessary to accomplish the 
above-referenced actions; and
    --Hoffman Service Bulletin 17, dated January 20, 1987, which 
specifies procedures for inspecting the shoulder harness fittings for 
improper bonding on certain Diamond Model H-36 ``Dimona'' sailplanes, 
and repairing any fittings with an improper bonding.
    The Austro Control GmbH classified these service bulletins as 
mandatory and issued the following in order to assure the continued 
airworthiness of these airplanes in Austria: (1) Austrian AD No. 85, 
dated May 29, 1996, for the elevator condition; (2) Austrian AD No. 63, 
not dated, for the wheel axle screws condition; and (3) Austrian AD No. 
54, not dated, for the shoulder harness fittings condition.

The FAA's Determination

    This airplane model is manufactured in Austria and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the Austro Control GmbH has kept the 
FAA informed of the situation described above.
    The FAA has examined the findings of the Austro Control GmbH; 
reviewed all available information, including the service information 
referenced above; and determined that AD action is necessary for 
products of this type design that are certificated for operation in the 
United States.

Explanation of the Provisions of the Proposed AD

    Since unsafe conditions have been identified that are likely to 
exist or develop in other Diamond Models H-36 ``Dimona'' and HK 36 R 
``Super Dimona'' sailplanes of the same type design registered in the 
United States, the FAA is proposing AD action. The proposed AD would 
require inspecting the elevator rib area for damage on certain Models 
H-36 ``Dimona'' and HK 36 R ``Super Dimona'' sailplanes, and either 
immediately or eventually replacing the elevator ribs depending on the 
results of the inspection; replacing the M6 screws that attach the 
wheel axle to steel support with M8 screws on all of the affected 
airplanes; and inspecting the shoulder harness fittings for improper 
bonding on certain Diamond Model H-36 ``Dimona'' sailplanes, and 
repairing any harness with an improper bond. Accomplishment of the 
proposed modifications would be in accordance with the previously 
referenced service information.

Cost Impact

    The FAA estimates that 15 sailplanes in the U.S. registry would be 
affected by the elevator portion of the proposed AD, that it would take 
approximately 10 workhours per sailplane to accomplish the elevator 
portion of the proposed AD, and that the average labor rate is 
approximately $60 an hour. Kits cost approximately $100 per sailplane. 
Based on these figures, the total cost impact of the elevator portion 
of the proposed AD on U.S. operators is estimated to be $10,500, or 
$700 per sailplane.
    The FAA estimates that 2 sailplanes in the U.S. registry would be 
affected by the wheel axle screws portion of the proposed AD, that it 
would take approximately 6 workhours per sailplane to accomplish the 
wheel axle screws portion of the proposed AD, and that the average 
labor rate is approximately $60 an hour. Kits cost approximately $165 
per sailplane. Based on these figures, the total cost impact of the 
wheel axle screws portion of the proposed AD on U.S. operators is 
estimated to be $1,050, or $525 per sailplane.
    The FAA estimates that 8 sailplanes in the U.S. registry would be 
affected by the shoulder harness fittings portion of the proposed AD, 
that it would take approximately 6 workhours per sailplane to 
accomplish the shoulder harness fittings portion of the proposed 
action, and that the average labor rate is approximately $60 an hour. 
Parts cost approximately $10 per sailplane. Based on these figures, the 
total cost impact of the shoulder harness fittings portion of the 
proposed AD on U.S. operators is estimated to be $2,960, or $370 per 
sailplane.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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) if promulgated, 
will not have a significant economic impact, positive or negative, on a 
substantial number of small entities

[[Page 7326]]

under the criteria of the Regulatory Flexibility Act. A copy of the 
draft regulatory evaluation prepared for this action has been placed 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, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

Diamond Aircraft Industries GMBH: Docket No. 97-CE-134-AD.

    Applicability: The following sailplane models and serial 
numbers, certificated in any category:
    Model H-36 ``Dimona'' sailplanes, all serial numbers; and
    Model H 36 R ``Super Dimona'' sailplanes, serial numbers 36301 
through 36414.

    Note 1: This AD applies to each sailplane identified in the 
preceding applicability provision, 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 the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Compliance: Required as indicated in the body of this AD, unless 
already accomplished.
    To prevent failure of either the shoulder harness fittings, 
elevator rib, or the wheel axle to steel support attachment, which 
could result in passenger injury caused by an inadequate restraint 
system; reduced sailplane controllability caused by structural 
damage to the elevator; and/or reduced sailplane controllability 
during takeoff, landing, and ground operations caused by the 
installation of incorrect wheel axle screws, accomplish the 
following:
    (a) Within the next 3 calendar months after the effective date 
of this AD, accomplish the following:
    (1) For the Model H-36 ``Dimona'' sailplanes, all serial 
numbers; and the Model HK 36 R ``Super Dimona'' sailplanes, serial 
numbers 36301 through 36414, inspect the elevator rib area for 
damage. Accomplish this inspection in accordance with Diamond Work 
Instruction No. 21, dated March 20, 1996, as referenced in Diamond 
Service Bulletin No. 51, dated March 30, 1996.
    (2) For the Model H-36 ``Dimona'' sailplanes, all serial 
numbers; and the Model HK 36 R ``Super Dimona'' sailplanes, serial 
numbers 36301 through 36327, replace the M6 screws that attach the 
wheel axle to steel support with M8 screws. Accomplish this 
replacement in accordance with Hoffman Work Instruction No. 10, 
dated May 29, 1991, as referenced in Hoffman Service Bulletin No. 
27, dated May 31, 1991.
    (3) For the Model H-36 ``Dimona'' sailplanes, serial numbers 
3501 through 3539 and 3601 through 36143, inspect the shoulder 
harness fittings for improper bonding. Accomplish this inspection in 
accordance with Hoffman Service Bulletin 17, dated January 20, 1987.
    (b) Prior to further flight after the inspections required by 
paragraphs (a)(1) and (a)(3) of this AD, accomplish the following:
    (1) If any damage is found in the elevator rib area on any 
sailplane affected by paragraph (a)(1) of this AD, replace the 
elevator ribs in accordance with Diamond Work Instruction No. 21, 
dated March 20, 1996, as referenced in Diamond Service Bulletin No. 
51, dated March 30, 1996.
    (2) If an improper bonding is found on the shoulder harness 
fittings on any sailplane affected by paragraph (a)(3) of this AD, 
repair the shoulder harness fittings in accordance with Hoffman 
Service Bulletin 17, dated January 20, 1987.
    (c) For the Model H-36 ``Dimona'' sailplanes, all serial 
numbers; and the Model HK 36 R ``Super Dimona'' sailplanes, serial 
numbers 36301 through 36414, within the next 3,000 hours time-in-
service (TIS) after the effective date of this AD, replace the 
elevator ribs, unless already accomplished as required by paragraph 
(b)(1) of this AD. Accomplish this replacement in accordance with 
Diamond Work Instruction No. 21, dated March 20, 1996, as referenced 
in Diamond Service Bulletin No. 51, dated March 30, 1996.
    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the sailplane to a location where 
the requirements of this AD can be accomplished.
    (e) An alternative method of compliance or adjustment of the 
compliance times that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, FAA, 1201 
Walnut, suite 900, Kansas City, Missouri 64106. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (f) Questions or technical information related to the service 
information referenced in this AD should be directed to Diamond 
Aircraft Industries, G.m.b.H., N.A. Otto-Strabe 5, A-2700, Wiener 
Neustadt, Austria. This service information may be examined at the 
FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 
E. 12th Street, Kansas City, Missouri 64106.

    Note 3: The subject of this AD is addressed in Austrian AD No. 
85, dated May 29, 1996, for the elevator condition; Austrian AD No. 
63, not dated, for the wheel axle screws condition; and Austrian AD 
No. 54, not dated, for the shoulder harness fittings condition.

    Issued in Kansas City, Missouri, on February 6, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-3638 Filed 2-12-98; 8:45 am]
BILLING CODE 4910-13-P