[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54800-54802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21653]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0633; Directorate Identifier 2012-CE-018-AD;
Amendment 39-17170; AD 2012-17-07]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG
airplanes. This AD results from mandatory continuing airworthiness
information (MCAI) issued 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 excessive voids in the adhesive
joint between the center wing spars and the
[[Page 54801]]
upper center wing skins. This condition could cause the wing to fail,
which could result in loss of control of the airplane. We are issuing
this AD to require actions to address the unsafe condition on these
products.
DATES: This AD is effective October 11, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 11,
2012.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
For 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: [email protected]; Internet: http://www.diamond-air.at. 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.
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:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 15, 2012 (77 FR
35890). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
During conversion of a DA 42 to a DA 42 NG, voids were detected
in the adhesive joint between the centre wing spars and the upper
centre wing skins, between the fuselage wall and the engine nacelle.
The available information indicates that wings with voids continue
to meet the certification design limits, provided the voids are
within established criteria.
However, to detect any wings that may have voids exceeding these
criteria, Diamond has issued Mandatory Service Bulletin (MSB) 42-092
and MSB 42NG-022 (single document) that describes instructions for
inspection of the aeroplanes that had these wings installed during
manufacture. Aeroplanes that have voids within the inspection
criteria may continue to operate without restriction, pending the
outcome of ongoing investigations. Aeroplanes that have voids
exceeding the inspection criteria must be repaired.
For reasons described above, the EASA AD required the inspection
of the affected aeroplanes to measure the voids in the adhesive
joint between the centre wing spars and the upper centre wing skins,
the reporting of all findings to Diamond Aircraft Industries and the
repair of any voids exceeding the criteria as specified in the MSB.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 35890, June 15,
2012) or on the determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 35890, June 15, 2012) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 35890, June 15, 2012).
Costs of Compliance
We estimate that this AD will affect 172 products of U.S. registry.
We also estimate that it will 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.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $29,240, or $170 per product.
In addition, we estimate that any necessary follow-on actions will
take about 10 work-hours, for a cost of $850 per product. We have no
way of determining the number of products that may need these actions.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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 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 this AD:
(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.
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 the NPRM, 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.
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,
[[Page 54802]]
the FAA amends 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 adding the following new AD:
2012-17-07 Diamond Aircraft Industries GmbH: Amendment 39-17170;
Docket No. FAA-2012-0633; Directorate Identifier 2012-CE-018-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective October 11,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following Diamond Aircraft Industries
GmbH Models DA 42, DA 42 NG, and DA 42 M-NG airplanes: serial
numbers 42.006 through 42.008, 42.010, 42.012 through 42.014, 42.016
through 42.033, 42.035 through 42.043, 42.045, 42.046, 42.048
through 42.051, 42.053, 42.055 through 42.059, 42.061 through
42.081, 42.083 through 42.093, 42.096 through 42.097, 42.099 through
42.120, 42.122 through 42.125, 42.127 through 42.148, 42.150 through
42.170, 42.172 through 42.176, 42.178, 42.179, 42.181 through
42.200, 42.202 through 42.224, 42.AC001 through 42.AC028, and
42.AC030 through 42.AC052, certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 57, Wings.
(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 excessive voids
in the adhesive joint between the center wing spars and the upper
center wing skins. We are issuing this AD to prevent wing failure,
which could result in loss of control of the airplane.
(f) Actions and Compliance
Unless already done, do the following actions:
(1) Within the next 100 hours time-in-service (TIS) after
October 11, 2012 (the effective date of this AD) or within the next
3 months after October 11, 2012 (the effective date of this AD),
whichever occurs first, inspect the adhesive joint between the
center wing spars and the upper center wing skin following Diamond
Aircraft Industries GmbH Work Instruction WI-MSB-42-092, WI-MSB-
42NG-22, dated May 20, 2011, as specified in Diamond Aircraft
Industries GmbH Mandatory Service Bulletin No. MSB 42-092, MSB 42NG-
022, dated May 20, 2011.
(2) Within 30 days after the inspection required in paragraph
(f)(1) of this AD, using Appendix A of Diamond Aircraft Industries
GmbH Work Instruction WI-MSB-42-092, WI-MSB-42NG-22, dated May 20,
2011, report the results of the inspection to Diamond Aircraft
Industries GmbH at the address in paragraph (i)(3) of this AD.
(3) If, during the inspection required in paragraph (f)(1) of
this AD, voids are detected that exceed the criteria specified in
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-092, WI-
MSB-42NG-22, dated May 20, 2011, before further flight, repair the
airplane following Diamond Aircraft Industries GmbH Work Instruction
WI-MSB-42-092, WI-MSB-42NG-22, dated May 20, 2011, as specified in
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB
42-092, MSB 42NG-022, dated May 20, 2011.
(4) For the purpose of compliance with paragraph (f)(3) of this
AD, a single positioning flight is allowed to a location where the
repair can be done following the provisions specified in Section
III.1 of Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-092, WI-MSB-42NG-22, dated May 20, 2011.
(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:
[email protected]. 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.
2011-0100, dated May 26, 2011; Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB 42-092, MSB 42NG-022, dated May
20, 2011; and Diamond Aircraft Industries GmbH Work Instruction WI-
MSB-42-092, WI-MSB-42NG-22, dated May 20, 2011, for related
information.
(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.
(i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
No. MSB 42-092, MSB 42NG-022, dated May 20, 2011.
(ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-092, WI-MSB-42NG-22, dated May 20, 2011.
(3) 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:
[email protected]; Internet: http://www.diamond-air.at.
(4) You may view this service information at FAA, 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.
(5) 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/index.html.
Issued in Kansas City, Missouri, on August 21, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-21653 Filed 9-5-12; 8:45 am]
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