[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Rules and Regulations]
[Pages 14160-14162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04089]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1172; Directorate Identifier 2012-CE-040-AD; 
Amendment 39-17365; AD 2013-04-08]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond 
Aircraft Industries GmbH

[[Page 14161]]

Model H-36, HK 36 R, HK 36 TS, and HK 36 TTS airplanes. 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 installation of an unsuitable self-locking nut on the bell 
crank of the elevator push rod that can cause failure of the elevator, 
resulting in loss of control. We are issuing this AD to require actions 
to address the unsafe condition on these products.

DATES: This AD is effective April 9, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 9, 2013.

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; 
email: [email protected]; Internet: www.diamond-air.at/hk36--
super--dimona+M52087573ab0.html. 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: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
[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 November 5, 2012 (77 
FR 66409). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A HK 36 R aeroplane recently experienced an in-flight elevator 
control failure after take-off which resulted in an uncontrolled 
landing. The results of the subsequent investigation revealed that 
the elevator control rod had disconnected from the elevator bell 
crank in the tail section of the fuselage, as a result of 
installation of a non-suitable self-locking nut.
    The subsequent design review of the affected elevator bell crank 
joint with elevator control rod identified that its current 
configuration has a failure potential when components such as thin 
self-securing nuts and bearings are aging and original clearance of 
the control system cannot be maintained in service. Both the designs 
of elevator bell crank and elevator control rod are installed in DV 
20 aeroplanes.
    This condition, if not corrected, could lead to further cases of 
elevator control failure, likely resulting in reduced control of the 
aeroplane, consequent damage to the aeroplane and injury to the 
occupants.
    To address this concern, Diamond Aircraft Industries (DAI) 
published Mandatory Service Bulletin (MSB) 36-108 and MSB 20-061/1 
to improve the affected elevator control joint by embodiment of new 
design which prevents elevator bell crank and push rod 
disconnection.
    For reasons described above, this AD requires replacement of 
aeroplane elevator bell cranks with improved parts and prohibits 
installation of any previous design elevator bell crank.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 66409, November 5, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 66409, November 5, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 66409, November 5, 2012).

Costs of Compliance

    We estimate that this AD will affect 25 products of U.S. registry. 
We also estimate that it would take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $352 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $13,050, or $522 per product.

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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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, 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.

[[Page 14162]]

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:

2013-04-08 Diamond Aircraft Industries GmbH: Amendment 39-17365; 
Docket No. FAA-2012-1172; Directorate Identifier 2012-CE-040-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 9, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Diamond Aircraft Industries 
GmbH models and serial number (S/N) airplanes, certificated in any 
category: H-36 and HK 36 R airplanes, S/Ns 36.300 through 36.414; HK 
36 TS airplanes, S/Ns 36.415 and 36.416; and HK 36 TTS airplane, S/N 
36.393.

(d) Subject

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

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated 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 installation of 
an unsuitable self-locking nut on the bell crank of the elevator 
push rod that can cause failure of the elevator, resulting in loss 
of control. We are issuing this AD to prevent disconnection of the 
elevator bell crank and push rod.

 (f) Actions and Compliance

    Unless already done, do the following actions following Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin MSB 36-108 and 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 36-108, 
both dated February 28, 2012:
    (1) Within the next 200 hours time-in-service (TIS) after April 
9, 2013 (the effective date of this AD) or within the next 12 months 
after April 9, 2013 (the effective date of this AD), whichever 
occurs first, replace each elevator bell crank assembly with part 
number (P/N) 820-2730-12-00, and replace each elevator bell crank 
mount with P/N 820-2730-11-00.
    (2) After April 9, 2013 (the effective date of this AD), only 
install on the airplane elevator bell crank assemblies with P/N 820-
2730-12-00 and elevator bell crank mounts with P/N 820-2730-11-00.

(g) 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: Mike Kiesov, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
[email protected]. Before using any approved AMOC on any airplane 
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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2012-0173, dated September 3, 2012; Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin MSB 36-108, dated February 28, 2012; and 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 36-108, 
dated February 28, 2012, for related information.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 36-108, dated February 28, 2012.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
36-108, dated February 28, 2012.
    (3) For Diamond Aircraft Industries GmbH 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; email: 
[email protected]; Internet: www.diamond-air.at/hk36--super--
dimona+M52087573ab0.html.
    (4) You may view this service information at 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 view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on February 14, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-04089 Filed 3-4-13; 8:45 am]
BILLING CODE 4910-13-P