AD Amdt-39-12870

[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Rules and Regulations]
[Pages 55712-55714]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 02-22129]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-11-AD; Amendment 39-12870; AD 2002-15-01 R1]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH Models 
HK 36 R ``Super Dimona'', HK 36 TC, HK 36 TS, HK 36 TTC, HK 36 TTC-ECO, 
HK 36 TTC-ECO (Restricted Category), and HK 36 TTS Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction.

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SUMMARY: This amendment clarifies information contained in 
Airworthiness Directive (AD) 2002-15-01, which currently requires you 
to inspect the long aileron push rods in both wings for damage and 
modify the push rods on all Diamond Aircraft Industries GmbH (Diamond) 
Models H-36 ``Dimona'', HK 36 R ``Super Dimona'', HK 36 TC, HK 36 TS, 
HK 36 TTC, HK 36 TTC-ECO, HK 36 TTC-ECO (Restricted Category), and HK 
36 TTS sailplanes. The Model H-36 ``Dimona'' sailplane has a different 
flight control system than the rest of the affected sailplanes. This 
particular flight control system makes it impossible for the Model H-36 
``Dimona'' sailplanes to be in compliance with AD 2002-15-01. This 
document deletes these sailplanes from the AD applicability. The 
actions specified by this AD are intended to detect and correct damage 
in the long aileron push control rods, which could result in failure of 
the aileron push rods and decreased control. Such failure could lead to 
aeroelastic flutter.

DATES: This AD becomes effective on September 3, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
September 3, 2002.

ADDRESSES: You may get the service information referenced in this AD 
from Diamond Aircraft Industries GmbH, N.A. Otto-Strasse 5, A-2700 
Wiener Neistadt, Austria; telephone: 43 2622 26 700; facsimile: 43 2622 
26 780. You may view this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2002-CE-11-AD, 901 Locust, Room 506, 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: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Prior Action Did FAA Take on This Subject?

    We issued AD 2002-15-01, Amendment 39-12829 (67 FR 47680, July 22, 
2002), in order to detect and correct damage in the long aileron push 
control rods on all Diamond Models H-36 ``Dimona'', HK 36 R ``Super 
Dimona'', HK 36 TC, HK 36 TS, HK 36 TTC, HK 36 TTC-ECO, HK 36 TTC-ECO 
(Restricted Category), and HK 36 TTS

[[Page 55713]]

sailplanes. This AD currently requires you to inspect the long aileron 
push rods in both wings for damage and modify the push rods.

What Has Happened To Necessitate Further AD Action?

    The Model H-36 ``Dimona'' sailplane has a different flight control 
system than the rest of the affected sailplanes. This particular flight 
control system makes it impossible for the Model H-36 ``Dimona'' 
sailplanes to be in compliance with AD 2002-15-01.
    Consequently, FAA sees a need to clarify AD 2002-15-01 to assure 
that every owner/operator of the affected sailplanes is able to comply 
with the AD action. This is possible by removing the Model H-36 
``Dimona'' sailplanes from the AD applicability.

Correction of Publication

What Is the Purpose of This Document?

    This document clarifies AD 2002-15-01 by removing the Model H-36 
``Dimona'' sailplanes from the AD applicability and adds the amendment 
to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13).

Is It Necessary To Seek Public Input?

    Since this action only clarifies the intent of the compliance time, 
it has no adverse economic impact and imposes no additional burden on 
any person than would have been necessary to comply with AD 2000-23-01. 
Therefore, FAA has determined that prior notice and opportunity for 
public comment are unnecessary.

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 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. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 
2002-15-01, Amendment 39-12829 (67 FR 47680, July 22, 2002), and by 
adding a new AD to read as follows:

2002-15-01 R1  Diamond Aircraft Industries Gmbh: Amendment 39-12870; 
Docket No. 2002-CE-11-AD; Revises AD 2002-15-01, Amendment 39-12829.

    (a) What sailplanes are affected by this AD? This AD affects 
Models HK 36 R ``Super Dimona'', HK 36 TC, HK 36 TS, HK 36 TTC, HK 
36 TTC-ECO, HK 36 TTC-ECO (Restricted Category), and HK 36 TTS 
sailplanes, all serial numbers, that are certificated in any 
category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the sailplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct damage in the long 
aileron push control rods, which could result in failure of the 
aileron push rods and decreased control. Such failure could lead to 
aeroelastic flutter.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

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                 Actions                             Compliance                          Procedures
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(1) Inspect the long aileron push rods    Within the next 10 hours time-in- In accordance with paragraph 1.8
 in both wings.                            service (TIS) after September     Measures of Diamond Aircraft
                                           3, 2002 (the effective date of    Industries GmbH Service Bulletin
                                           this AD), unless already          No. MSB36-72, dated Febraury 1,
                                           accomplished.                     2002; Diamond Aircraft Industries
                                                                             GmbH Work Instruction No. WI-MSB36-
                                                                             72, dated February 1, 2002; and the
                                                                             applicable sailplane maintenance
                                                                             manual.
(2) If any long aileron push rods are     Before further flight, after the  In accordance with paragraph 1.8
 found damaged during the inspection       inspection required in            Measures of Diamond Aircraft
 required in paragraph (d)(1) of this      paragraph (d)(1) of this AD,      Industries GmbH Service Bulletin
 AD, modify the push rods.                 unless already accomplished.      No. MSB36-72, dated Febraury 1,
                                                                             2002; Diamond Aircraft Industries
                                                                             GmbH Work Instruction No. WI-MSB36-
                                                                             72, dated February 1, 2002; and the
                                                                             applicable sailplane maintenance
                                                                             manual.
(3) If no damage is found during the      Within the next 25 hours TIS      In accordance with paragraph 1.8
 inspection required in paragraph          after September 3, 2002 (the      Measures of Diamond Aircraft
 (d)(1), modify the push rods.             effective date of this AD),       Industries GmbH Service Bulletin
                                           unless already accomplished.      No. MSB36-72, dated February 1,
                                                                             2002; Diamond Aircraft Industries
                                                                             GmbH Work Instruction No. WI-MSB36-
                                                                             72, dated February 1, 2002; and the
                                                                             applicable sailplane maintenance
                                                                             manual.
----------------------------------------------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Standards Office Manager, Small Airplane Directorate, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Standards Office Manager.

    Note 1: This AD applies to each sailplane identified in 
paragraph (a) of this AD, 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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Mike Kiesov, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4144; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the sailplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your sailplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Diamond Aircraft Industries GmbH Service Bulletin No. MSB36-72, 
dated February 1, 2002; and Diamond Aircraft Industries GmbH Work 
Instruction No. WI-MSB36-72, dated February 1, 2002. The Director of 
the Federal Register approved this incorporation by reference under 
5 U.S.C. 552(a) and 1 CFR part 51. You may get copies from Diamond 
Aircraft Industries GmbH, N.A. Otto-Strasse

[[Page 55714]]

5, A-2700 Wiener Neistadt, Austria; telephone: 43 2622 26 700; 
facsimile: 43 2622 26 780. You may view copies at the FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 2: The subject of this AD is addressed in Austrian AD No. 
111, dated February 26, 2002.

    (i) Does this AD action affect any existing AD actions? This 
amendment revises 2002-15-01, Amendment 39-12829 (67 FR 47680, July 
22, 2002) .
    (j) When does this amendment become effective? This amendment 
becomes effective on September 3, 2002.

    Issued in Kansas City, Missouri, on August 21, 2002.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-22129 Filed 8-29-02; 8:45 am]
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