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[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Proposed Rules]
[Pages 48047-48049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20038]

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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]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries Powered 
Sailplanes

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 Model H-36 ``DIMONA'' powered sailplanes. 
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:

    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.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 22, 
2011.

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[szlig]e 5, A-2700 
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 
26780; e-mail: office@diamond-air.at; 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.

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: 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: 
jim.rutherford@faa.gov.

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-2011-0811; 
Directorate Identifier 2011-CE-026-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 AD 
No. 2011-0110, dated June 16, 2011 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

[[Page 48048]]

    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.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Service Bulletin No. 
MSB 36-105/1, dated May 2, 2011, and Work Instruction WI-MSB 36-105, 
dated April 21, 2011. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

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.

Differences Between This Proposed 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 proposed 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 proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 9 products of U.S. 
registry. We also estimate that it would take about 4.5 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 $172 per product.
    Based on these figures, we estimate the cost of the proposed 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 would 
take about 5 work-hours and require parts costing $275, for a cost of 
$700 per 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 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); 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 proposed AD and placed it in the AD docket.

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: Docket No. FAA-2011-0811; Directorate 
Identifier 2011-CE-026-AD.

Comments Due Date

    (a) We must receive comments by September 22, 2011.

Affected ADs

    (b) None.

Applicability

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

Subject

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

Reason

    (e) 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.

[[Page 48049]]

    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.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 6 months after 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. 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. 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 the effective date of this AD, do not install an air 
brake control system torsion tube on an affected airplane 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.
    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 the effective date of this AD following Diamond Aircraft 
Industries GmbH Service Bulletin No. MSB 36-105, original issue.

FAA AD Differences

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

Other FAA AD Provisions

    (g) 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; e-mail: 
jim.rutherford@faa.gov. 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.

Related Information

    (h) 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. 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; e-mail: office@diamond-air.at; 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.

    Issued in Kansas City, Missouri, on July 26, 2011.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-20038 Filed 8-5-11; 8:45 am]
BILLING CODE 4910-13-P
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