[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Rules and Regulations]
[Pages 23657-23659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11162]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-134-AD; Amendment 39-10505; AD 98-09-24]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries Models H-36
``Dimona'' and HK 36 R ``Super Dimona'' Sailplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain Diamond Aircraft Industries (Diamond) Models H-36
``Dimona'' and HK 36 R ``Super Dimona'' sailplanes. This AD requires:
inspecting the elevator rib area for damage on certain Models H-36
``Dimona'' and HK 36 R ``Super
[[Page 23658]]
Dimona'' sailplanes, and either immediately or eventually replacing the
elevator ribs depending on the results of the inspection; replacing the
M6 screws that attach the wheel axle to steel support with M8 screws on
certain Model HK 36 R ``Super Dimona'' sailplanes; and inspecting the
shoulder harness fittings for improper bonding on certain Diamond Model
H-36 ``Dimona'' sailplanes, and repairing any harness with an improper
bond. This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for Austria.
The actions specified by this AD are intended to prevent failure of
either the shoulder harness fittings, elevator rib, or the wheel axle
to steel support attachment, which could result in passenger injury
caused by an inadequate restraint system; reduced sailplane
controllability caused by structural damage to the elevator; and/or
reduced sailplane controllability during takeoff, landing, and ground
operations caused by the installation of incorrect wheel axle screws.
DATES: Effective June 15, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 15, 1998.
ADDRESSES: Service information that applies to this AD may be obtained
from Diamond Aircraft Industries, G.m.b.H., N.A. Otto-Strabe 5, A-2700,
Wiener Neustadt, Austria. This information may also be examined at the
Federal Aviation Administration (FAA), Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 97-CE-134-AD, Room 1558,
601 E. 12th Street, Kansas City, Missouri 64106; or at the Office of
the Federal Register, 800 North Capitol Street, NW, suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Mike Kiesov, Aerospace Engineer,
Small Airplane Directorate, Aircraft Certification Service, FAA, 1201
Walnut, suite 900, Kansas City, Missouri 64106; telephone: (816) 426-
6934; facsimile: (816) 426-2169.
SUPPLEMENTARY INFORMATION:
Events Leading to the Issuance of This AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to certain Diamond
Models H-36 ``Dimona'', and HK 36 R ``Super Dimona'' sailplanes was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on February 13, 1998 (63 FR 7324). The NPRM proposed to require
inspecting the elevator rib area for damage on certain Models H-36
``Dimona'' and HK 36 R ``Super Dimona'' sailplanes, and either
immediately or eventually replacing the elevator ribs depending on the
results of the inspection; replacing the M6 screws that attach the
wheel axle to steel support with M8 screws on all of the affected
airplanes; and inspecting the shoulder harness fittings for improper
bonding on certain Diamond Model H-36 ``Dimona'' sailplanes, and
repairing any harness with an improper bond. Accomplishment of the
proposed actions as specified in the NPRM would be in accordance with
Diamond Work Instruction No. 21, dated March 20, 1996, as referenced in
Diamond Service Bulletin No. 51, dated March 30, 1996; Hoffman Work
Instruction No. 10, dated May 29, 1991, as referenced in Hoffman
Service Bulletin No. 27, dated May 31, 1991; and Hoffman Service
Bulletin 17, dated January 20, 1987.
The NPRM was the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for Austria.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
The FAA inadvertently included the Model H-36 ``Dimona'' sailplanes
in the wheel to axle support screw replacement requirement of the NPRM.
This requirement should only apply to certain Model HK 36 R ``Super
Dimona'' airplanes. The final rule has been changed accordingly.
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
the applicability change in the wheel to axle support screw replacement
requirement and minor editorial corrections. The FAA has determined
that this change and the minor corrections will not add any additional
burden upon the public than was already proposed.
Cost Impact
The FAA estimates that 15 sailplanes in the U.S. registry will be
affected by the elevator portion of this AD, that it will take
approximately 10 workhours per sailplane to accomplish the elevator
portion of this AD, and that the average labor rate is approximately
$60 an hour. Kits cost approximately $100 per sailplane. Based on these
figures, the total cost impact of the elevator portion of this AD on
U.S. operators is estimated to be $10,500, or $700 per sailplane.
The FAA estimates that 2 sailplanes in the U.S. registry will be
affected by the wheel axle screws portion of this AD, that it will take
approximately 6 workhours per sailplane to accomplish the wheel axle
screws portion of this AD, and that the average labor rate is
approximately $60 an hour. Kits cost approximately $165 per sailplane.
Based on these figures, the total cost impact of the wheel axle screws
portion of this AD on U.S. operators is estimated to be $1,050, or $525
per sailplane.
The FAA estimates that 8 sailplanes in the U.S. registry will be
affected by the shoulder harness fittings portion of this AD, that it
will take approximately 6 workhours per sailplane to accomplish the
shoulder harness fittings portion of this action, and that the average
labor rate is approximately $60 an hour. Parts cost approximately $10
per sailplane. Based on these figures, the total cost impact of the
shoulder harness fittings portion of this AD on U.S. operators is
estimated to be $2,960, or $370 per sailplane.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (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); 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. A copy of the final evaluation prepared for this
action is contained in the Rules Docket. A copy of it may be obtained
by contacting the Rules Docket at the location provided under the
caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 23659]]
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
98-09-24 Diamond Aircraft Industries: Amendment 39-10505; Docket
No. 97-CE-134-AD.
Applicability: The following sailplane models and serial
numbers, certificated in any category:
Model H-36 ``Dimona'' sailplanes, all serial numbers; and
Model H 36 R ``Super Dimona'' sailplanes, serial numbers 36301
through 36414.
Note 1: This AD applies to each sailplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For sailplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated in the body of this AD, unless
already accomplished.
To prevent failure of either the shoulder harness fittings,
elevator rib, or the wheel axle to steel support attachment, which
could result in passenger injury caused by an inadequate restraint
system; reduced sailplane controllability caused by structural
damage to the elevator; and/or reduced sailplane controllability
during takeoff, landing, and ground operations caused by the
installation of incorrect wheel axle screws, accomplish the
following:
(a) Within the next 3 calendar months after the effective date
of this AD, accomplish the following:
(1) For the Model H-36 ``Dimona'' sailplanes, all serial
numbers; and the Model HK 36 R ``Super Dimona'' sailplanes, serial
numbers 36301 through 36414, inspect the elevator rib area for
damage. Accomplish this inspection in accordance with Diamond Work
Instruction No. 21, dated March 20, 1996, as referenced in Diamond
Service Bulletin No. 51, dated March 30, 1996.
(2) For the Model HK 36 R ``Super Dimona'' sailplanes, serial
numbers 36301 through 36327, replace the M6 screws that attach the
wheel axle to steel support with M8 screws. Accomplish this
replacement in accordance with Hoffman Work Instruction No. 10,
dated May 29, 1991, as referenced in Hoffman Service Bulletin No.
27, dated May 31, 1991.
(3) For the Model H-36 ``Dimona'' sailplanes, serial numbers
3501 through 3539 and 3601 through 36143, inspect the shoulder
harness fittings for improper bonding. Accomplish this inspection in
accordance with Hoffman Service Bulletin 17, dated January 20, 1987.
(b) Prior to further flight after the inspections required by
paragraphs (a)(1) and (a)(3) of this AD, accomplish the following:
(1) If any damage is found in the elevator rib area on any
sailplane affected by paragraph (a)(1) of this AD, replace the
elevator ribs in accordance with Diamond Work Instruction No. 21,
dated March 20, 1996, as referenced in Diamond Service Bulletin No.
51, dated March 30, 1996.
(2) If an improper bonding is found on the shoulder harness
fittings on any sailplane affected by paragraph (a)(3) of this AD,
repair the shoulder harness fittings in accordance with Hoffman
Service Bulletin 17, dated January 20, 1987.
(c) For the Model H-36 ``Dimona'' sailplanes, all serial
numbers; and the Model HK 36 R ``Super Dimona'' sailplanes, serial
numbers 36301 through 36414, within the next 3,000 hours time-in-
service (TIS) after the effective date of this AD, replace the
elevator ribs, unless already accomplished as required by paragraph
(b)(1) of this AD. Accomplish this replacement in accordance with
Diamond Work Instruction No. 21, dated March 20, 1996, as referenced
in Diamond Service Bulletin No. 51, dated March 30, 1996.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the sailplane to a location where
the requirements of this AD can be accomplished.
(e) An alternative method of compliance or adjustment of the
compliance times that provides an equivalent level of safety may be
approved by the Manager, Small Airplane Directorate, FAA, 1201
Walnut, suite 900, Kansas City, Missouri 64106. The request shall be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Small Airplane
Directorate.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Small Airplane Directorate.
(f) Questions or technical information related to the service
information referenced in this AD should be directed to Diamond
Aircraft Industries, G.m.b.H., N.A. Otto-Strabe 5, A-2700, Wiener
Neustadt, Austria. This service information may be examined at the
FAA, Central Region, Office of the Regional Counsel, Room 1558, 601
E. 12th Street, Kansas City, Missouri 64106.
(g) The inspections, replacements, and repair required by this
AD shall be done in accordance with Diamond Work Instruction No. 21,
dated March 20, 1996, as referenced in Diamond Service Bulletin No.
51, dated March 30, 1996; Hoffman Work Instruction No. 10, dated May
29, 1991, as referenced in Hoffman Service Bulletin No. 27, dated
May 31, 1991; and Hoffman Service Bulletin 17, dated January 20,
1987. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Diamond Aircraft Industries,
G.m.b.H., N.A. Otto-Strabe 5, A-2700, Wiener Neustadt, Austria.
Copies may be inspected at the FAA, Central Region, Office of the
Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City,
Missouri, or at the Office of the Federal Register, 800 North
Capitol Street, NW, suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in Austrian AD No.
85, dated May 29, 1996, for the elevator condition; Austrian AD No.
63, not dated, for the wheel axle screws condition; and Austrian AD
No. 54, not dated, for the shoulder harness fittings condition.
(h) This amendment becomes effective on June 15, 1998.
Issued in Kansas City, Missouri, on April 21, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-11162 Filed 4-29-98; 8:45 am]
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