[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Proposed Rules]
[Pages 35459-35461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12519]



[[Page 35459]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-11-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply 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 proposed AD would require you to inspect the 
long aileron push rods in both wings for damage and modify the push 
rods. This proposed AD is the result of mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Austria. The actions specified by this proposed 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: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before June 17, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-11-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-11-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed 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 also view this information at the Rules Docket at the 
address above.

FOR FURTHER INFORMATION 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.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments to the 
address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention To?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I be Sure FAA Receives My comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-11-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

What Events Have Caused This Proposed 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 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 Are the Consequences if the Condition Is Not Corrected?

    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.

Is there service information that applies to this subject?

    Diamond has issued:

--Service Bulletin No. MSB36-72, dated February 1, 2002; and
--Work Instruction No. WI-MSB36-72, dated February 1, 2002.

What Are the Provisions of This Service Information?

    The service bulletin includes procedures for:

--Inspecting the long aileron push rods in both wings; and
--Modifying the long aileron push rods.

What Action Did the Austro Control Take?

    The Austro Control classified this service bulletin as mandatory 
and issued Austrian AD Number 111, dated February 26, 2002, in order to 
ensure the continued airworthiness of these sailplanes in Austria.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    These sailplane models are manufactured in Austria and are 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 has kept FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of 
This Proposed AD

What Has FAA Decided?

    The FAA has examined the findings of the Austro Control; reviewed 
all

[[Page 35460]]

available information, including the service information referenced 
above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other 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 of the same type design 
that are on the U.S. registry;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected sailplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

    This proposed AD would require you to incorporate the actions in 
the previously-referenced service bulletin.

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

    Normally, FAA uses a 10-hours 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 compliance time of this proposed AD should be 10 hours TIS to 
ensure this condition is corrected in a timely manner but does not 
unduly penalize operators.

Cost Impact

How Many Sailplanes Would This Proposed AD Impact?

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

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Sailplanes?

    We estimate the following costs to accomplish the proposed 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                 Total cost per           Total cost on U.S.
             Labor cost                    Parts  cost              sailplane                 operators
----------------------------------------------------------------------------------------------------------------
1 workhour  x  $60 per hour=$60....  None..................  $60 per airplane......  $60  x  45 = $2,700
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
modification that would be required based on the results of the 
proposed inspection.

 
------------------------------------------------------------------------
                                                 Total cost   Total cost
            Labor cost             Parts  cost      per        on U.S.
                                                 sailplane    operators
------------------------------------------------------------------------
2 workhours  x  $60 per hour =             $80         $200       $9,000
 $120............................
------------------------------------------------------------------------

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein would 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 proposed rule would not have federalism 
implications under Executive Order 13132.

Would This proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
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 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, under 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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:
Diamond Aircraft Industries GMBH: Docket No. 2002-CE-11-AD
    (a) What sailplanes are affected by this AD? This AD affects the 
following sailplane models, all serial numbers, that are 
certificated in any category:

Model

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)
HK 36 TTS
    (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:

[[Page 35461]]



------------------------------------------------------------------------
           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
                               the effective date    Aircraft Industries
                               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.
(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 in         Measures of Diamond
 required in paragraph         paragraph (d)(1) of   Aircraft Industries
 (d)(1) of this AD, modify     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         effective date of     Measures of Diamond
 (d)(1), modify the push       this AD.              Aircraft Industries
 rods.                                               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) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents 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 these documents at FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106.

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


    Issued in Kansas City, Missouri, on May 10, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-12519 Filed 5-17-02; 8:45 am]
BILLING CODE 4910-13-P