[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Rules and Regulations]
[Pages 16604-16606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05989]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0247; Directorate Identifier 2013-CE-001-AD;
Amendment 39-17397; AD 2013-06-02]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond
Aircraft Industries GmbH Models DA 42 M-NG and DA 42 NG airplanes. This
AD results from mandatory continuing airworthiness information (MCAI)
issued by the aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as the engine air inlet filter is subject to
icing. We are issuing this AD to require actions to address the unsafe
condition on these products.
DATES: This AD is effective April 8, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of April 8, 2013.
We must receive comments on this AD by May 2, 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, 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.
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 (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:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2012-0269, dated December 19, 2012 (referred to after this as
``the MCAI''), to correct
[[Page 16605]]
an unsafe condition for the specified products. The MCAI states:
Three occurrences of in-flight engine control unit (ECU) A/B
caution initiation were reported which were followed by an un-
commanded power reduction. All of these events happened in snow or
moist conditions and resolved themselves in warmer air conditions.
The subsequent investigation identified that the engine air inlet
filter is subject to icing under certain, currently not fully
identified, icing conditions.
The DA 42 NG is equipped with a manually controlled alternate
air valve which bypasses the inlet air filter and provides
sufficient air to the engine. The aeroplane flight manual (AFM)
procedures include procedure for activation of the alternate air
valve in case of power loss but these procedures were not applied by
the pilots in these events.
The DA 42 NG is certified for flights in known icing conditions
during which engine inlet filter icing may occur, therefore it is
expected that flights into suspected icing conditions, where inlet
filter icing may occur, is more likely.
Additional occurrence of dual ECU A/B caution initiation was
reported followed by loss of power and loss of flight altitude.
Again, the alternate air valve was not opened, which would have
immediately resolved the situation.
It has been recognized that the engine control ECU A/B caution
triggers the pilot to focus on engine electrical or fuel supply
problem and thus causes a misinterpretation of the situation. It has
also been identified that the conditions during which air filter
icing may occur could include the critical take-off and climb phase.
This condition, if not corrected, could lead to a loss of engine
power and reduced controllability of the aeroplane.
To address this unsafe condition, DAI revised Supplement S03
``Ice Protection System'' to the aeroplane AFM and issued Service
Information SI 42NG-039 to advise the owners and pilots of the
proper use of the engine alternate air.
For the reasons described above, this AD requires revision of
the aeroplane AFM to incorporate updated Normal and Abnormal
Operating procedures for alternate air valve operation during
suspected rain, snow or visible moisture conditions.
The requirement of this AD is considered as an interim action.
DAI is currently developing a modification that addresses the unsafe
condition identified in this AD.
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:
Service Information No. SI 42NG-039, dated November 14,
2012;
DA 42 NG AFM Temporary Revision TR-M[Auml]M 42-701, Doc.
7.01.15-E, dated November 20, 2012;
DA 42 NG AFM Temporary Revision TR-M[Auml]M 42-701, Doc.
7.01.16-E, dated November 20, 2012; and
DA 42 NG AFM Temporary Revision TR-O[Auml]M-42-200/a, Doc.
7.01.15-E, dated November 30, 2012.
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 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
Interim Action
We consider this AD interim action. The type certificate holder is
looking at developing a modification that addresses the unsafe
condition identified in this AD. When this modification is established,
we may take additional rulemaking action to mandate the modification.
FAA's 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 this
condition, if not corrected, could lead to a loss of engine power and
reduced controllability of the airplane. Therefore, we determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2013-0247; Directorate
Identifier 2013-CE-001-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 26 products of U.S. registry.
We also estimate that it would take about 1 work-hour 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 $0 per product.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $2,210, or $85 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
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 that 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
[[Page 16606]]
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 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:
2013-06-02 Diamond Aircraft Industries GmbH: Amendment 39-17397;
Docket No. FAA-2013-0247; Directorate Identifier 2013-CE-001-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective April 8,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft Industries GmbH Models 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 71: Power Plant.
(e) Reason
This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as the engine air
inlet filter is subject to icing. We are issuing this AD to address
the unsafe condition on these products.
(f) Actions and Compliance
Unless already done, do the following actions within 30 days
after April 8, 2013 (the effective date of this AD).
(1) For Model DA 42 NG airplanes: Incorporate the following into
the applicable pilot's operating handbook (POH)/FAA-approved
airplane flight manual (AFM) into the applicable sections:
(i) Diamond Aircraft DA 42 NG AFM Temporary Revision TR-M[Auml]M
42-701, Doc. 7.01.15-E, dated November 20, 2012;
(ii) Diamond Aircraft DA 42 NG AFM Temporary Revision TR-
M[Auml]M 42-701, Doc. 7.01.16-E, dated November 20, 2012; and
(iii) Diamond Aircraft DA 42 NG AFM Temporary Revision TR-
O[Auml]M-42-200/a, Doc. 7.01.15-E, dated November 30, 2012.
(2) For Model DA 42 M-NG airplanes: Incorporate the following
into the applicable POH/FAA-approved AFM into the applicable
sections:
(i) Diamond Aircraft DA 42 NG AFM Temporary Revision TR-M[Auml]M
42-701, Doc. 7.01.15-E, dated November 20, 2012;
(ii) Diamond Aircraft DA 42 NG AFM Temporary Revision TR-
O[Auml]M-42-200/a, Doc. 7.01.15-E, dated November 30, 2012.
(3) The actions required by paragraphs (f)(1) and (f)(2) of this
AD may be performed by the owner/operator (pilot) holding at least a
private pilot certificate and must be entered into the aircraft
records showing compliance with this AD in accordance with 14 CFR
43.9 (a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417, 121.380, or 135.439.
(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.:
2012-0269, dated December 19, 2012; and Diamond Aircraft Industries
GmbH Service Information No. SI 42NG-039, dated November 14, 2012,
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 DA 42 NG AFM Temporary Revision TR-M[Auml]M
42-701, Doc. 7.01.15-E, dated November 20, 2012;
(ii) Diamond Aircraft DA 42 NG AFM Temporary Revision TR-
M[Auml]M 42-701, Doc. 7.01.16-E, dated November 20, 2012; and
(iii) Diamond Aircraft DA 42 NG AFM Temporary Revision TR-
O[Auml]M-42-200/a, Doc. 7.01.15-E, dated November 30, 2012.
(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, 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 March 7, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-05989 Filed 3-15-13; 8:45 am]
BILLING CODE 4910-13-P