[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]


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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.

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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