[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25363-25365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09431]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0348; Directorate Identifier 2013-CE-005-AD;
Amendment 39-17439; AD 2013-08-21]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond
Aircraft Industries Model DA 40 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 chafing between the charge air tubing and the engine
firewall that may cause a hole in the charge air tubing, which could
result in loss of charged air pressure with consequent loss of engine
power and loss of control. We are issuing this AD to require actions to
address the unsafe condition on these products.
DATES: This AD is effective May 21, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 21, 2013.
We must receive comments on this AD by June 17, 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-Str.5, A-2700 Wiener Neustadt,
Austria; telephone: +43 2622 26700; fax: +43 2622 26780; email:
[email protected]; Internet: http://www.diamondaircraft.com/contact/technical.php. 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 EASA
AD 2013-0018, dated January 21, 2013 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
An occurrence of loss of engine charge air pressure was
reported, which prompted an in-flight Engine Control Unit warning.
The investigation results identified that chafing caused a hole in
the charge air tubing where it touched the engine firewall. Further
investigation results identified other DA 40 NG aeroplanes with
chafing marks in this area.
To prevent chafing between the charged air tube and engine
firewall, DAI issued Recommended SB 40NG-011 to replace the charged
air elbow hose between the turbocharger and intercooler with an
aluminium tube to improve the durability of the charged air system.
After issuance of SB 40NG-011, an additional occurrence of a
hole in a charge air tube was reported, apparently caused by
chafing. The results of the subsequent investigation revealed that
the improved design cannot assure the necessary clearance between
the charged air tubing and surrounding parts.
This condition, if not corrected, could lead to loss of charged
air pressure, possibly resulting in loss of engine power and reduced
control of the aeroplane.
To address this unsafe condition, DAI issued Mandatory SB 40NG-
18, providing instructions to inspect the charged air tubing from
the turbocharger to the intercooler and replacement of affected
parts with an improved design.
For the reasons described above, this AD requires repetitive
inspections of charged air tubing for the presence of the chafing
marks and, depending on findings, replacement of damaged tubing, or
installation of improved design tubing.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin 40NG-018/1, dated November 20, 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.
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 there
is only one airplane on the U.S. registry affected by this unsafe
condition, and the required modification has been completed on the
specific airplane. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are unnecessary and that good
cause exists for making this amendment effective in fewer than 30 days.
[[Page 25364]]
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-2013-0348; Directorate
Identifier 2013-CE-005-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 1 product 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 AD. The average labor rate
is $85 per work-hour. Required parts would cost about $1,381 per
product.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $1,551, or $1,551 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 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:
2013-08-21 Diamond Aircraft Industries: Amendment 39-17439; Docket
No. FAA-2013-0348; Directorate Identifier 2013-CE-005-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective May 21,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following Diamond Aircraft Industries
GmbH airplanes, certificated in any category:
(1) Model DA 40 NG airplanes serial numbers 40.N001 through
40.N084; and
(2) Model DA 40 NG airplanes, all serial numbers, that have been
converted from the Model DA 40 D.
(d) Subject
Air Transport Association of America (ATA) Code 81:
Turbocharging.
(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. We are issuing this AD to detect and correct chafing
between the charge air tubing and the engine firewall that may cause
a hole in the charge air tubing and could result in loss of charged
air pressure with consequent loss of engine power and loss of
control.
(f) Actions and Compliance
Unless already done, do the actions specified in paragraphs
(f)(1) through (f)(6).
(1) Initially within the next 50 hours time-in-service (TIS)
after May 21, 2013 (the effective date of this AD) or within the
next 60 days after May 21, 2013 (the effective date of this AD),
whichever occurs first, and repetitively thereafter at intervals not
to exceed 50 hours TIS inspect, the charged air tubing from the
turbocharger to the intercooler for chafing marks following the
Accomplishments/Instructions section of Diamond Aircraft Industries
GmbH Mandatory Service Bulletin 40NG-018/1, dated November 26, 2012.
(2) If chafing marks are found on the charged air tubing during
any inspection required in paragraph (f)(1) of this AD, before
further flight, replace the charged air tubing with an airworthy
part or modify the airplane with the improved design parts as
specified in paragraph (f)(3) of this AD. Follow the Instructions
section of Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
40NG-018, Revision 1, dated November 26, 2012, as specified in the
Accomplishments/Instructions section of Diamond Aircraft Industries
GmbH Mandatory Service Bulletin 40NG-018/1, dated November 26, 2012.
If you choose to replace with an airworthy part instead of modifying
the airplane as specified in paragraph (f)(3) of this AD, you must
continue the repetitive inspections required in paragraph (f)(1) of
this AD until the modification required in paragraph (f)(3) of this
AD.
(3) Within the next 200 hours TIS after May 21, 2013 (the
effective date of this AD) or within the next 12 months after May
21, 2013 (the effective date of this AD), whichever occurs first,
unless already done as the corrective action specified in paragraph
(f)(2) of this AD, modify the airplane with the improved design
parts. Follow the Instructions sections Diamond Aircraft Industries
GmbH Work Instruction WI-MSB-40NG-018, Revision 1, dated November
26, 2012, as specified in the Accomplishments/Instructions section
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40NG-
018/1, dated November 26, 2012.
(4) Modification of the airplane with improved design parts as
specified in paragraph (f)(3) of this AD terminates the repetitive
inspection requirements in paragraph (f)(1) of this AD.
(5) After the modification specified in paragraph (f)(3) of this
AD, do not install charge air elbow hose part number (P/N) SNS5X-O-
60--72-90 [deg], charge air tube P/N D44-8126-00-05, or charge air
hose P/N D44-8122-00-10 on any airplane.
(6) After May 21, 2013 (the effective date of this AD), Diamond
Aircraft Industries
[[Page 25365]]
GmbH Recommended Service Bulletin 40NG-011, dated February 28, 2012,
is no longer valid, and any actions following Diamond Aircraft
Industries GmbH Recommended Service Bulletin 40NG-011, dated
February 28, 2012, are prohibited.
(g) Credit for Actions Accomplished in Accordance With Previous Service
Information
If, before May 21, 2013 (the effective date of this AD), you
performed the actions in the Accomplishments/Instructions section of
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40NG-
018, dated November 22, 2012, you met the requirements of paragraphs
(f)(1), (f)(2), and (f)(3) of this AD.
(h) 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.
(i) Related Information
Refer to European Aviation Safety Agency (EASA) AD 2013-0018,
dated January 21, 2013; and Diamond Aircraft Industries GmbH
Mandatory Service Bulletin 40NG-018, dated November 22, 2012, for
related information.
(j) 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
40NG-018/1, dated November 26, 2012.
(ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
40NG-018, Revision 1, dated November 26, 2012.
(3) For Diamond Aircraft Industries GmbH service information
identified in this AD, contact Diamond Aircraft Industries GmbH,
N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; telephone: +43
2622 26700; fax: +43 2622 26780; email: [email protected];
Internet: http://www.diamondaircraft.com/contact/technical.php.
(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/ibr-locations.html.
Issued in Kansas City, Missouri on April 15, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-09431 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-13-P