[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26241-26243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10270]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1172; Directorate Identifier 2012-CE-040-AD;
Amendment 39-17447; AD 2013-04-08 R1]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Powered Gliders
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are revising an airworthiness directive (AD) for certain
Diamond Aircraft Industries GmbH Models HK 36 R, HK 36 TS, and HK 36
TTS powered gliders. AD 2013-04-08 required replacement of each
elevator bell crank assembly and elevator bell crank mount. This AD
retains the actions of AD 2013-04-08 but decreases gliders in the
Applicability by removing the Model H-36 from the Applicability. This
AD was prompted by reports of 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 correct the unsafe condition on these products.
DATES: This final rule is effective May 6, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 9, 2013
(78 FR 14160, March 5, 2013).
We must receive any comments on this AD by June 20, 2013.
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 AD, 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.
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 AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone: 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:
Discussion
On February 14, 2013, we issued AD 2013-04-08, amendment 39-17365
(78 FR 14160, March 5, 2013), for all Diamond Aircraft Industries GmbH
Models HK 36 R, HK 36 TS, and HK 36 TTS powered gliders. That AD
requires replacement of the elevator bell crank assembly and elevator
bell crank mount. That AD resulted from 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 issued
that AD to require actions to address the unsafe condition on these
products.
Actions Since AD Was Issued
Since we issued AD 2013-04-08 (78 FR 14160, March 5, 2013), it was
determined that Model H-36 airplanes do not have the elevator control
and bellcrank assembly part numbers associated with the unsafe
condition of this AD. Since Model H-36 airplanes do not have the unsafe
condition, it is not necessary or possible for those airplanes to
comply with this AD, so we are removing the Model H-36 from the
Applicability section.
Relevant Service Information
We reviewed Diamond Aircraft Industries GmbH Mandatory Service
Bulletin MSB 36-108, dated February 28, 2012; and Diamond Aircraft
[[Page 26242]]
Industries GmbH Work Instruction WI-MSB 36-108, dated February 28,
2012. The service information describes procedures for replacement of
the elevator bell crank assembly and elevator bell crank mount.
FAA's Determination
We are issuing this AD because we evaluated all the relevant
information and determined it is not necessary or possible for Diamond
Aircraft Industries GmbH Model H-36 airplanes to comply with the
previous AD.
AD Requirements
This AD requires accomplishing the actions specified in the service
information described previously.
Change to Existing AD
This AD would retain all requirements of 2013-04-08 (78 FR 14160,
March 5, 2013), but decrease the Applicability by removing Model H-36.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
Diamond Model H-36 does not have the same elevator control and bell
crank assembly. It is not necessary and not possible for these powered
gliders to comply with the AD action items. Therefore, we find that
notice and opportunity for prior public comment are unnecessary and
that good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
the docket number FAA-2012-1172 and 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 AD. We will consider all comments received by the closing date
and may amend this AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
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
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 that 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),
(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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (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 removing airworthiness directive (AD)
2013-04-08 (78 FR 14160, March 5, 2013) and adding the following new
AD:
2013-04-08 R1 Diamond Aircraft Industries GmbH: Amendment 39-17447;
Docket No. FAA-2012-1172; Directorate Identifier 2012-CE-040-AD.
(a) Effective Date
This AD is effective May 6, 2013.
(b) Affected ADs
This AD revises AD 2013-04-08 (78 FR 14160, March 5, 2013),
Amendment 39-17365.
(c) Applicability
This AD applies to the following Diamond Aircraft Industries
GmbH models and serial number (S/N) powered gliders, certificated in
any category: HK 36 R powered gliders, S/Ns 36.300 through 36.414;
HK 36 TS powered gliders, S/Ns 36.415 and 36.416; and HK 36 TTS
powered gliders, S/N 36.393.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) Code 27: Flight Controls.
(e) Unsafe Condition
This AD was prompted by reports of 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 revised AD because we evaluated all the relevant
information and determined it is not necessary or possible for the
Diamond Aircraft Industries GmbH Model H-36 to comply with the
previous AD. 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.
(f) Actions and Compliance
Unless already done, do the following actions specified in
paragraphs (f)(1) and (f)(2) of this AD following Diamond Aircraft
Industries GmbH Mandatory Service Bulletin MSB 36-108 and Diamond
Aircraft
[[Page 26243]]
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 retained from AD 2013-04-08, Amendment
39-17365 (78 FR 14160, March 5, 2013)) or within the next 12 months
after April 9, 2013, (the effective date retained from AD 2013-04-
08, Amendment 39-17365 (78 FR 14160, March 5, 2013)), 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 retained from AD
2013-04-08, Amendment 39-17365 (78 FR 14160, March 5, 2013)), only
install on the powered glider elevator bell crank assemblies with P/
N 820-2730-12-00 and elevator bell crank mounts with P/N 820-2730-
11-00.
(g) Alternative Methods of Compliance (AMOCs)
(1) 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].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(h) Related Information
For more information about this AD, 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].
(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.
(3) The following service information was approved for IBR on
April 9, 2013 (78 FR 14160, March 5, 2013).
(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.
(4) 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.
(5) 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.
(6) 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 April 24, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-10270 Filed 5-3-13; 8:45 am]
BILLING CODE 4910-13-P