[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Proposed Rules]
[Pages 65503-65506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26499]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1148; Directorate Identifier 2012-CE-039-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).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Diamond Aircraft Industries GmbH Models DA 42, DA 42 M-NG, and DA 42 NG
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
overextension of the main landing gear (MLG) shock absorber that could
lead to the MLG jamming in the gear bay and result in damage to the
aircraft or occupant injury. 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 13,
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[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
[[Page 65504]]
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:
[email protected].
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-2012-1148;
Directorate Identifier 2012-CE-039-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 AD
No.: 2012-0174, dated September 4, 2012 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
An incident was reported where a Diamond DA 42 experienced main
landing gear (MLG) extension problems during approach, with the left
hand (LH) MLG not down. An uneventful landing was made with minor
damage to the aeroplane and no injuries to occupants.
Subsequent investigation results showed that the affected MLG
leg shock absorber, P/N D60-3277-10-00, had overextended, resulting
in the MLG being jammed in the gear bay. The overextension had been
caused by a retaining nut in the MLG shock absorber which had
loosened itself during operation.
This condition, if not corrected, could inhibit proper extension
of the MLG, possibly resulting in damage to the aeroplane and injury
to occupants.
Prompted by the reported event, Diamond Aircraft Industries
(DAI) published Recommended Service Bulletin (RSB) 42-089/RSB 42NG-
017 which includes Working Instruction (WI) WI-RSB-089/WI-RSB 42NG-
017 (published as a single document) to recommend operators to
modify the affected dampers to P/N D60-3277-10-00--01 standard,
which incorporates installation of a new retaining nut and a new
seal system for the MLG damper that is more durable and can
withstand a greater temperature range.
Since that RSB was issued, further analysis has shown that the
risk of a MLG failing to extend is greater than was initially
determined. Consequently, DAI issued Mandatory Service Bulletin MSB
42-095/MSB 42NG-026 to alert aeroplane owners and operators
accordingly. The new MSB contains the same instructions as the
earlier RSB, but is no longer `at owner's discretion'.
For the reasons described above, this AD requires modification
of the affected MLG leg shock absorber, P/N D60-3277-10-00. This AD
also prohibits installation of unmodified P/N D60-3277-10-00 MLG leg
shock absorbers.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued the following service
information:
Mandatory Service Bulletin MSB 42-095, MSB 42NG-026, dated
November 11, 2011;
Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1,
dated April 19, 2011;
Page 202 through page 211 of CHAPTER 32 LANDING GEAR in
Diamond Aircraft DA 42 Series AMM, Doc 7.02.01, Rev. 2, dated
June 30, 2008;
Page 201 through page 213 in Temporary Revision AMM-TR-
O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc 7.02.01,
dated July 14, 2010; and
Page 203 through page 214 of CHAPTER 32 LANDING GEAR in
Diamond Aircraft DA 42 NG AMM, Doc 7.02.15, Rev. 1, dated
October 15, 2009.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
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 175 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 $115 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $49,875, or $285 per product.
According to the manufacturer, some of the costs of this proposed
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 proposed AD would not have federalism
implications under Executive Order 13132. This
[[Page 65505]]
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-2012-1148;
Directorate Identifier 2012-CE-039-AD.
(a) Comments Due Date
We must receive comments by December 13, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft Industries GmbH Models DA
42, DA 42 M-NG, and DA 42 NG airplanes, all serial numbers,
certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 32: Landing
Gear.
(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 overextension of
the main landing gear (MLG) shock absorber. We are issuing this AD
to prevent the MLG jamming in the gear bay, which could result in
damage to the aircraft or occupant injury.
(f) Actions and Compliance
Unless already done, do the following actions:
(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, modify the left
hand (LH) and right hand (RH) MLG leg shock absorbers part number
(P/N) D60-3277-10-00 (no P/N change necessary) following Diamond
Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB
42NG-026, dated November 11, 2011, or replace each MLG leg shock
absorber P/N D60-3277-10-00 with a modified unit P/N D60-3277-10-00-
01, following, as applicable: Diamond Aircraft Industries GmbH
Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1, dated
April 19, 2011; page 202 through page 211 of CHAPTER 32 LANDING GEAR
in Diamond Aircraft DA 42 Series AMM, Doc 7.02.01, Rev. 2,
dated June 30, 2008; page 201 through page 213 in Temporary Revision
AMM-TR-O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc
7.02.01, dated July 14, 2010; and page 203 through page 214 of
CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc
7.02.15, Rev. 1, dated October 15, 2009.
(2) Modification of an airplane following Diamond Aircraft
Industries GmbH Recommended Service Bulletin RSB 42-089/1, RSB 42NG-
017/1, dated April 19, 2011, following working instruction WI-MSB
42-095, MSB 42NG-026, dated November 11, 2011, as referenced in
Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-
095, MSB 42NG-026, dated November 11, 2011, is acceptable to comply
with the requirement of paragraph (f)(1) of this AD.
(3) After the effective date of this AD, do not install an MLG
leg shock absorber P/N D60-3277-10-00 on the airplane, unless the
shock absorber has been modified following Diamond Aircraft
Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB 42NG-026,
dated November 11, 2011, or following Diamond Aircraft Industries
GmbH Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1,
dated April 19, 2011; and following working instruction WI-MSB 42-
095, MSB 42NG-026, dated November 11, 2011, as referenced in Diamond
Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB
42NG-026, dated November 11, 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.:
2012-0174, dated September 4, 2012; Diamond Aircraft Industries GmbH
Mandatory Service Bulletin MSB 42-095, MSB 42NG-026, dated November
11, 2011; Diamond Aircraft Industries GmbH Recommended Service
Bulletin RSB 42-089/1, RSB 42NG-017/1, dated April 19, 2011; page
202 through page 211 of CHAPTER 32 LANDING GEAR in Diamond Aircraft
DA 42 Series AMM, Doc 7.02.01, Rev. 2, dated June 30,
2008; page 201 through page 213 in Temporary Revision AMM-TR-
O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc
7.02.01, dated July 14, 2010; and page 203 through page 214 of
CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc
7.02.15, Rev. 1, dated October 15, 2009, 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: [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.
[[Page 65506]]
Issued in Kansas City, Missouri, on October 22, 2012.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26499 Filed 10-26-12; 8:45 am]
BILLING CODE 4910-13-P