```

[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26241-26243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10270]

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

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.

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

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: 
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 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: 
mike.kiesov@faa.gov.

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: mike.kiesov@faa.gov.
    (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: mike.kiesov@faa.gov.

(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: 
office@diamond-air.at; 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
```