[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Rules and Regulations]
[Pages 47680-47682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18333]


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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.

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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.
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(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. 02-18333 Filed 7-19-02; 8:45 am]
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