[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Proposed Rules]
[Pages 73360-73362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25655]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9317; Directorate Identifier 2016-CE-029-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
certain Diamond Aircraft Industries GmbH Model DA 42 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 an uncommanded engine shutdown
during flight due to failure of the propeller regulating valve caused
by hot exhaust gases escaping from fractured engine exhaust pipes. We
are issuing this AD to correct the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by December 9,
2016.
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.diamondaircraft.com. You may review this 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 by searching for and locating Docket No. FAA-2016-
9317; 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-2016-9317;
Directorate Identifier 2016-CE-029-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. 2016-0156, dated August 2, 2016 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Two cases were reported of uncommanded engine in-flight shutdown
(IFSD) on DA 42 aeroplanes. Subsequent investigations identified
these occurrences were due to failure of the propeller regulating
valve, caused by hot exhaust gases coming from fractured engine
exhaust pipes. The initiating cracks on the exhaust pipes were not
detected during previous inspections, since those exhaust pipes are
equipped with non-removable heat shields that do not allow
inspection for certain sections of the exhaust pipe.
This condition, if not corrected, could lead to further cases of
IFSD or overheat damage, possibly resulting in a forced landing,
with consequent damage to the aeroplane and injury to occupants.
To address this potential unsafe condition, Diamond Aircraft
Industries (DAI) developed an exhaust pipe without a directly
attached integral heat shield that allows visual inspection over the
entire exhaust pipe length. DAI issued Mandatory Service Bulletin
(MSB) 42-120 and relevant Working Instruction (WI) WI-MSB 42-120,
providing instructions to install the modified exhaust pipes. As an
interim measure, an additional bracket was designed to hold the
exhaust pipe in place in case of a pipe fracture.
For the reasons described above, this AD requires replacement of
the exhaust pipes with pipes having new design, and prohibits
(re)installation of the previous design pipes.
You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9317.
Related Service Information Under 1 CFR Part 51
Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin MSB 42-120, dated June 24, 2016, and Work Instruction WI-MSB
42-120, dated June 24, 2016. In combination, this service information
describes procedures for replacing the exhaust
[[Page 73361]]
pipes with exhaust pipes having a new design. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section of this NPRM.
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 would affect 130 products of U.S.
registry. We also estimate that it would take the following to comply
with the requirements of this proposed AD:
It would take about 1 work-hour per product to comply with the
installation of additional exhaust clamps required by this proposed AD.
The average labor rate is $85 per work-hour. Required parts would cost
about $125 per product.
Based on these figures, we estimate the cost of this proposed AD on
U.S. operators for the installation of additional exhaust clamps to be
$27,300, or $210 per product.
It would take about 4 work-hours per product to comply with the
exhaust pipe replacement required by this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $1,990
per product.
Based on these figures, we estimate the cost of this proposed AD on
U.S. operators for the exhaust pipe replacement requirement to be
$302,900, or $2,330 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 proposed AD would not have federalism
implications under Executive Order 13132. This 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
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:
Diamond Aircraft Industries GmbH: Docket No. FAA-2016-9317;
Directorate Identifier 2016-CE-029-AD.
(a) Comments Due Date
We must receive comments by December 9, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft Industries GmbH DA 42
airplanes, serial numbers 42.004 through 42.427 and 42.AC001 through
42.AC151, that have a TAE 125-02-99 or TAE 125-02-114 engine
installed, are equipped with an exhaust pipe, DAI part number (P/N)
D60-9078-06-01, or Technify P/Ns 52-7810-H0001 02, 52-7810-H0001 03,
or 52-7810-H0001 04, and are certificated in any category.
Note to paragraph (c) of this AD: Airplanes equipped with an
exhaust pipe, DAI P/N D60-9078-06-01_01 or Technify P/N 52-7810-
H0014 01, are not affected by this AD.
(d) Subject
Air Transport Association of America (ATA) Code 78: Engine
Exhaust.
(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 an uncommanded
engine shutdown during flight due to failure of the propeller
regulating valve caused by hot exhaust gases escaping from fractured
engine exhaust pipes. We are issuing this AD to prevent failure of
the propeller regulating valve, which could result in forced landing
with consequent damage to the airplane.
(f) Actions and Compliance
Unless already done, do the following actions. For the purpose
of this AD, if the flight hours accumulated since first installation
of an affected exhaust pipe is not known, use the total hours time-
in-service (TIS) accumulated on the airplane.
(1) At whichever of the following compliance times that occurs
later, install additional exhaust pipe clamps following the
INSTRUCTIONS section of Diamond Aircraft Industries GmbH Work
Instruction WI-MSB 42-120, dated June 24, 2016, as specified in the
Accomplishments/Instructions paragraph of Diamond Aircraft
Industries GmbH Mandatory Service Bulletin MSB 42-120, dated June
24, 2016. The replacement required in paragraph (f)(2) of this AD
may be done in lieu of installing additional exhaust pipe clamps.
(i) Before or upon accumulating 1,300 hours TIS since the
affected exhaust pipe was first installed on an airplane; or
(ii) Within the next 200 hours TIS after the effective date of
this AD or within the next 12 months after the effective date of
this AD, whichever occurs first.
(2) At whichever of the following compliance times that occurs
later, replace the exhaust pipes listed in paragraph (c) of this AD
with an exhaust pipe DAI P/N D60-9078-06-01_01 or Technify P/N 52-
7810-H0014 01. Do the replacement following the INSTRUCTIONS section
of Diamond Aircraft Industries GmbH Work Instruction WI-MSB 42-120,
dated June 24, 2016, as specified in the Accomplishments/
Instructions paragraph of Diamond Aircraft Industries GmbH Mandatory
Service Bulletin MSB 42-120, dated June 24, 2016.
[[Page 73362]]
(i) Before or upon accumulating 2,800 hours TIS since the
affected exhaust pipe was first installed on an airplane; or
(ii) Within the next 200 hours TIS after the effective date of
this AD or within the next 12 months after the effective date of
this AD, whichever occurs first.
(3) After installing an exhaust pipe DAI P/N D60-9078-06-01_01
or Technify P/N 52-7810-H0014 01, as required by this AD, do not
install an exhaust pipe listed in paragraph (c) of this AD.
(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.
2016-0156, dated August 2, 2016, for related information. You may
examine the MCAI on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-9317. 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.diamondaircraft.com. You
may review this 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.
Issued in Kansas City, Missouri, on October 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-25655 Filed 10-24-16; 8:45 am]
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