[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