[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Proposed Rules]
[Pages 35890-35892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14705]


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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]
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 Models DA 42, DA 42 NG, and DA 
42 M-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 excessive 
voids in the adhesive joint between the center wing spars and the 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 
proposed AD to require actions to address the unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by July 30, 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 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-2012-0633; 
Directorate Identifier 2012-CE-018-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. 2011-0100, dated May 26, 2011 (referred to after this as ``the 
MCAI''), 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

[[Page 35891]]

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.

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 No. MSB 42-092 MSB 42NG-022, dated May 20, 2011, and Work 
Instruction WI-MSB-42-092 WI-MSB-42NG-22, dated May 20, 2011. 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 172 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.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $29,240, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
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 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 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-2012-0633; 
Directorate Identifier 2012-CE-018-AD.

(a) Comments Due Date

    We must receive comments by July 30, 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 the 
effective date of this AD or within the next 3 months after 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

[[Page 35892]]

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 (h) 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. 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.

    Issued in Kansas City, Missouri, on May 11, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-14705 Filed 6-14-12; 8:45 am]
BILLING CODE 4910-13-P