[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Rules and Regulations]
[Pages 64793-64795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26300]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0811; Directorate Identifier 2011-CE-026-AD; 
Amendment 39-16839; AD 2011-21-16]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Powered 
Sailplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond 
Aircraft Industries Model H-36 ``DIMONA'' powered sailplanes. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as:

    A report has been received of a failed air brake control system 
torsion tube on a Diamond (formerly Hoffman) H 36 powered sailplane. 
The results of the subsequent investigation show that the failure 
was due to corrosion damage.
    This condition, if not detected and corrected, may lead to 
failure of the air brake control system in flight, resulting in 
reduced control of the aeroplane.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD is effective November 23, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 23, 
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at 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 service information identified in this AD, contact Diamond 
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener 
Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; e-
mail: [email protected]; Internet: http://www.diamond-air.at. You 
may review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, call 
(816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on August 8, 2011 (76 
FR 48047). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A report has been received of a failed air brake control system 
torsion tube on a Diamond (formerly Hoffman) H 36 powered sailplane. 
The results of the subsequent investigation show that the failure 
was due to corrosion damage.
    This condition, if not detected and corrected, may lead to 
failure of the air brake control system in flight, resulting in 
reduced control of the aeroplane.
    To address this unsafe condition, Diamond published Mandatory 
Service Bulletin (MSB) 36-105, containing instructions to test and 
inspect the air brake control system torsion tube for corrosion 
damage and, depending on findings, the application of anticorrosive 
agent to the inside of the torsion tube, or replacement of the 
torsion tube with a serviceable part.
    For the reasons described above, this new AD requires repetitive 
tests and inspections of the air brake control system torsion tube 
and applicable corrective actions, depending on findings.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 48047, August 8, 
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 9 products of U.S. registry. 
We also estimate that it will take about 4.5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will about $172 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $4,990.50, or $554.50 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 5 work-hours and require parts costing $275, for a cost of 
$700 per

[[Page 64794]]

product. We have no way of determining the number of products that may 
need these actions.

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 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.

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 the NPRM (76 FR 48047, August 8, 
2011), 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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-21-16 Diamond Aircraft Industries: Amendment 39-16839; Docket 
No. FAA-2011-0811; Directorate Identifier 2011-CE-026-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 23, 
2011.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Model H-36 
``DIMONA'' powered sailplanes, all serial numbers, certificated in 
any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(e) Reason

    The mandatory continuing airworthiness information (MCAI) 
states:

    A report has been received of a failed air brake control system 
torsion tube on a Diamond (formerly Hoffman) H 36 powered sailplane. 
The results of the subsequent investigation show that the failure 
was due to corrosion damage.
    This condition, if not detected and corrected, may lead to 
failure of the air brake control system in flight, resulting in 
reduced control of the aeroplane.
    To address this unsafe condition, Diamond published Mandatory 
Service Bulletin (MSB) 36-105, containing instructions to test and 
inspect the air brake control system torsion tube for corrosion 
damage and, depending on findings, the application of anticorrosive 
agent to the inside of the torsion tube, or replacement of the 
torsion tube with a serviceable part.
    For the reasons described above, this new AD requires repetitive 
tests and inspections of the air brake control system torsion tube 
and applicable corrective actions, depending on findings.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within the next 6 months after November 23, 2011 (the 
effective date of this AD), remove, test, and inspect the air brake 
control system torsion tube for corrosion damage following Diamond 
Aircraft Industries GmbH Work Instruction WI-MSB 36-105, dated April 
21, 2011, as specified in Diamond Aircraft Industries GmbH Service 
Bulletin No. MSB 36-105/1, dated May 2, 2011.
    (2) If corrosion damage is found during the inspection required 
in paragraph (f)(1) of this AD or during any repetitive inspection 
required in paragraphs (f)(2) and (f)(3) of this AD, before further 
flight after the inspection in which corrosion damage is found, 
replace the affected torsion tube with a serviceable part. Before 
installation, apply an anticorrosive agent to the inside of the 
torsion tube. Do these required actions following Diamond Aircraft 
Industries GmbH Work Instruction WI-MSB 36-105, dated April 21, 
2011, as specified in Diamond Aircraft Industries GmbH Service 
Bulletin No. MSB 36-105/1, dated May 2, 2011. After replacement, 
repetitively thereafter at intervals not to exceed 60 months, 
remove, test, and inspect the newly installed air brake control 
system torsion tube for corrosion damage following the procedures 
specified in paragraph (f)(1) of this AD.
    (3) If no corrosion damage is found during the inspection 
required in paragraph (f)(1) of this AD or during any repetitive 
inspection required in paragraphs (f)(2) and (f)(3) of this AD, 
before reinstalling the torsion tube, apply an anticorrosive agent 
to the inside of the torsion tube. Do these required actions 
following Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
36-105, dated April 21, 2011, as specified in Diamond Aircraft 
Industries GmbH Service Bulletin No. MSB 36-105/1, dated May 2, 
2011. Repetitively thereafter at intervals not to exceed 60 months, 
remove, test, and inspect the air brake control system torsion tube 
for corrosion damage following the procedures specified in paragraph 
(f)(1) of this AD.
    (4) As of November 23, 2011 (the effective date of this AD), do 
not install an air brake control system torsion tube on an affected 
sailplane unless it has been inspected following the procedures 
specified in paragraph (f)(1) of this AD, is found to be corrosion 
free, and an anticorrosive agent has been applied to the inside of 
the tube as specified in Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB 36-105, dated April 21, 2011, as specified in 
Diamond Aircraft Industries GmbH Service Bulletin No. MSB 36-105/1, 
dated May 2, 2011.

    Note 1: Credit will be given for the initial test and inspection 
required in paragraph (f)(1) of this AD and the corrective actions 
required in paragraphs (f)(2) and (f)(3) of this AD if already done 
before November 23, 2011 (the effective date of this AD) following 
Diamond Aircraft Industries GmbH Service Bulletin No. MSB 36-105, 
original issue.


[[Page 64795]]



(g) FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (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: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected]. Before using any approved AMOC on any 
sailplane 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, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2011-0110, dated June 16, 2011; Diamond Aircraft Industries GmbH 
Service Bulletin No. MSB 36-105/1, dated May 2, 2011; and Diamond 
Aircraft Industries GmbH Work Instruction WI-MSB 36-105, dated April 
21, 2011, for related information.

(j) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the 
following service information on the date specified:
    (2) Diamond Aircraft Industries GmbH Service Bulletin No. MSB 
36-105/1, dated May 2, 2011; and Diamond Aircraft Industries GmbH 
Work Instruction WI-MSB 36-105, dated April 21, 2011, approved for 
IBR on November 23, 2011.
    (3) For service information identified in this AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 
26780; E-mail: [email protected]; Internet: http://www.diamond-air.at.
    (4) You may review copies of the service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, 
call (816) 329-4148.
    (5) 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 an NARA facility, 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 October 5, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-26300 Filed 10-18-11; 8:45 am]
BILLING CODE 4910-13-P