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.

Proposed Rules Federal Register

66409 

Vol. 77, No. 214 

Monday, November 5, 2012 

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). 

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. OttoStrabe 5, A–2700 Wiener Neustadt, 

Austria, telephone: +43 2622 26700; fax: 

+43 2622 26780; email: office@diamond

-air.at; Internet: www.diamond-air.at/

hk36_super_dimona+M52087573

ab0.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: mike.kiesov@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–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 takeoff 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 nonsuitable 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. 

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66410 Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 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-inservice (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: mike.kiesov@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. 

(h) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No.: 2012–0173, dated 

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Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Proposed Rules 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+e 5, A–2700 Wiener Neustadt, 

Austria, telephone: +43 2622 26700; fax: +43 

2622 26780; email: office@diamond-air.at; 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1111; Directorate 

Identifier 2012–NM–114–AD] 

RIN 2120–AA64 

Airworthiness Directives; Hawker 

Beechcraft Corporation (Type 

Certificate Previously Held by 

Raytheon Aircraft Company; Beech 

Aircraft Corporation) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Hawker Beechcraft Corporation (Type 

Certificate previously held by Raytheon 

Aircraft Company; Beech Aircraft 

Corporation) Model 400A airplanes. 

This proposed AD was prompted by a 

report that the wiring for the 5-volt 

direct current (DC) system is undersized 

and does not have adequate circuit 

protection for the smaller gauge wire. 

This proposed AD would require 

installing an in-line fuse in the 5-volt 

DC system for each of the five 

instrument lighting control power 

supplies. We are proposing this AD to 

prevent failure of the wiring, which 

could result in smoke in the cockpit, 

loss of cockpit lighting, and potential 

damage to surrounding wiring for other 

cockpit equipment such as the stick 

shaker function or angle-of-attack 

indicators. 

DATES: We must receive comments on 

this proposed AD by December 20, 

2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Hawker 

Beechcraft Corporation, Department 62, 

P.O. Box 85, Wichita, KS 67201–0085; 

telephone 316–676–8238; fax 316–676– 

6706; email 

tmdc@hawkerbeechcraft.com; Internet 

https://www.hawkerbeechcraft.com/ 

service_support/pubs. You may review 

copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

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 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Richard Rejniak, Aerospace Engineer, 

Electrical Systems and Avionics Branch, 

ACE–119W, FAA, Wichita Aircraft 

Certification Office, 1801 Airport Road, 

Room 100, Mid-Continent Airport, 

Wichita, Kansas 67209; phone: (316) 

946–4128; fax (316) 946–4107; email: 

richard.rejniak@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2012–1111; Directorate Identifier 2012– 

NM–114–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:// 

www.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 

We received a report that the wiring 

for the 5-volt DC system is undersized 

and does not have adequate circuit 

protection for the smaller gauge wire. 

The wire is adequate for normal 

electrical loads, but it cannot safely 

handle the power supply’s maximum 

current. This condition, if not corrected, 

could result in failure of the wiring, 

which could result in smoke in the 

cockpit, loss of cockpit lighting, and 

potential damage to surrounding wiring 

for other cockpit equipment such as the 

stick shaker function or angle-of-attack 

indicators. 

Relevant Service Information 

We reviewed Hawker Beechcraft 

Mandatory Service Bulletin SB 33–4002, 

dated October 2010. The service 

information describes procedures for 

installing an in-line fuse in the 5-volt 

DC system for each of the five 

instrument lighting control power 

supplies. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously. 

Clarification of Service Bulletin Note 

The Hawker Beechcraft Mandatory 

Service Bulletin SB 33–4002, dated 

October 2010, includes a note in the 

Accomplishment Instructions to inform 

operators to contact Hawker Beechcraft 

‘‘should any difficulty be encountered’’ 

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