[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Proposed Rules]
[Pages 66409-66411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26971]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 /
Proposed Rules
[[Page 66409]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1172; Directorate Identifier 2012-CE-040-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Diamond Aircraft Industries GmbH Model H-36, HK 36 R, HK 36 TS, and HK
36 TTS airplanes. This proposed AD results from 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 proposed AD to require actions to
address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by December 20,
2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[beta]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.
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1172;
Directorate Identifier 2012-CE-040-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2012-0173, dated September 3, 2012 (referred to after this as
``the MCAI''), 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.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued 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. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.
[[Page 66410]]
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Costs of Compliance
We estimate that this proposed 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 proposed 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 the proposed 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify this proposed
regulation:
(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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new AD:
Diamond Aircraft Industries GmbH: Docket No. FAA-2012-1172;
Directorate Identifier 2012-CE-040-AD.
(a) Comments Due Date
We must receive comments by December 20, 2012.
(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 the
effective date of this AD, or within the next 12 months after 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 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
[[Page 66411]]
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. For service information
related to 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.
Issued in Kansas City, Missouri, on October 25, 2012.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26971 Filed 11-2-12; 8:45 am]
BILLING CODE 4910-13-P