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[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Proposed Rules]
[Pages 66409-66411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26971]

========================================================================
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.

========================================================================


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).

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

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: 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.

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 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: 
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

[[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: 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
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