[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59223-59226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22979]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0597; Directorate Identifier 2013-CE-016-AD; 
Amendment 39-17593; AD 2013-19-11]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond 
Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG 
airplanes. This AD results from mandatory continuing airworthiness

[[Page 59224]]

information (MCAI) issued 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 insufficient clearance between 
the rod end safety washer and the nose landing gear attachment lever 
causes the rod end to bend at each gear retraction sequence. We are 
issuing this AD to require actions to address the unsafe condition on 
these products.

DATES: This AD is effective October 31, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 31, 
2013.

ADDRESSES: You may examine the AD on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0597; or in person at 
Document Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
    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.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 8, 2013 (78 FR 
40642). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    An incident was reported where a Diamond DA 42 aeroplane 
experienced an un-commanded rudder input and yaw after landing gear 
retraction, followed by restricted rudder travel. This situation 
caused the pilot to misinterpret this as an engine power loss. The 
rudder restriction could be removed by extending the landing gear 
and an uneventful landing was made.
    Subsequent investigation results showed that the rod end of the 
nose landing gear (NLG) actuator, Part Number (P/N) X11-0006/2, had 
broken, causing the actuator to block the nearby rudder steering 
linkage. This failure was likely a result of insufficient clearance 
between the rod end safety washer and the NLG attachment lever, 
causing the rod end to bend at each gear retraction sequence.
    This condition, if not detected and corrected, could result in 
reduced control of the aeroplane.
    Prompted by this event, Diamond Aircraft Industries (DAI) issued 
Mandatory Service Bulletin (MSB) 42-099/MSB 42NG-035, including Work 
Instruction (WI) WI-MSB-42-099/WI-MSB 42NG-035 (published as a 
single document), providing instructions to identify and modify the 
affected NLG actuators, which includes installation of a new rod end 
bearing and safety washer.
    For the reasons described above, this AD requires an inspection 
to identify the affected NLG actuators, P/N X11-0006/2, and, if an 
affected unit is installed, modification of the actuator.
    This AD also prohibits installation of any affected P/N X11-
0006/2 NLG actuators that may be held as spares, unless they are 
modified.

    The MCAI references DAI MSB 42-099 and MSB 42NG-035 (co-published 
as one document), dated April 22, 2013, as the applicable service 
information. DAI subsequently issued revised Mandatory Service 
Bulletins MSB 42-099/1 and MSB 42NG-035/1 (co-published as one 
document), dated May 3, 2013, based on a change to the applicable P/N 
of the NLG actuator. This revision, MSB 42-099/1 and MSB 42NG-035/1 
(co-published as one document), dated May 3, 2013, was referenced in 
the NPRM (78 FR 40642, July 8, 2013). You may examine the MCAI in the 
AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0597-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 40642, July 8, 
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 40642, July 8, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 40642, July 8, 2013).

Costs of Compliance

    We estimate that this AD will affect 170 products of U.S. registry. 
We also estimate that it would take about .5 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $7,225, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions would 
take 2.5 work-hours and require parts costing $235, for a cost of 
$447.50 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 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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,

[[Page 59225]]

    (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.

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 the NPRM, 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.

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:

2013-19-11 Diamond Aircraft Industries GmbH: Amendment 39-17593; 
Docket No. FAA-2013-0597; Directorate Identifier 2013-CE-016-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 31, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Models DA 
42, DA 42 NG, and DA 42 M-NG airplanes, all serial numbers, 
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 32: Landing 
Gear.

(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 insufficient 
clearance between the rod end safety washer and the nose landing 
gear (NLG) attachment lever causes the rod end to bend at each gear 
retraction sequence. We are issuing this AD to detect and correct 
insufficient clearance between the rod end safety washer and the NLG 
attachment lever, which may cause the NLG actuator to break and 
possibly restrict rudder control, resulting in loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions as specified in 
paragraphs (f)(1) and (f)(2) of this AD:
    (1) Within 100 hours time-in-service after October 31, 2013 (the 
effective date of this AD) or 6 calendar months after October 31, 
2013 (the effective date of this AD), whichever occurs first, 
inspect the NLG actuator to identify the part number (P/N) and 
serial number (S/N). If a NLG actuator P/N X11-0006/2 is installed 
with a S/N between 0001 and 0155 (inclusive), modify the actuator by 
replacing the NLG rod end bearing and safety washer with new parts. 
Follow the INSTRUCTIONS section of Diamond Aircraft Industries GmbH 
Work Instructions WI-MSB 42-099 and WI-MSB 42NG-035 (co-published as 
one document), Revision 1, dated May 3, 2013, as specified in the 
Accomplishments/Instructions paragraph of Diamond Aircraft 
Industries GmbH Mandatory Service Bulletins MSB 42-099/1 and MSB 
42NG-035/1 (co-published as one document), dated May 3, 2013.
    (2) As of October 31, 2013 (the effective date of this AD), do 
not install on any airplane an NLG actuator P/N X11-0006/2 with a S/
N between 0001 and 0155 (inclusive), unless the actuator has been 
modified following the INSTRUCTIONS section of Diamond Aircraft 
Industries GmbH Work Instructions WI-MSB 42-099 and WI-MSB 42NG-035 
(co-published as one document), Revision 1, dated May 3, 2013, as 
specified in the Accomplishments/Instructions paragraph of Diamond 
Aircraft Industries GmbH Mandatory Service Bulletins MSB 42-099/1 
and MSB 42NG-035/1 (co-published as one document), dated May 3, 
2013.

(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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2013-0121, dated June 4, 2013, for more information. You may examine 
the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0597-0002.

(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 Industries GmbH Work Instruction WI-MSB 42-
099, Revision 1, dated May 3, 2013; and
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42NG-035, Revision 1, dated May 3, 2013.

    Note 1 to paragraph (i)(2)(i) and (i)(2)(ii):  Diamond Aircraft 
Industries GmbH Work Instructions WI-MSB 42-099, Revision 1, dated 
May 3, 2013; and WI-MSB 42NG-035, Revision 1, dated May 3, 2013, are 
co-published as one document.

    (iii) Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin MSB 42-099/1, dated May 3, 2013; and
    (iv) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 42NG-035/1, dated May 3, 2013.

    Note 2 to paragraph (i)(2)(iii) and (i)(2)(iv):  Diamond 
Aircraft Industries GmbH Mandatory Service Bulletins MSB 42-099/1, 
dated May 3, 2013; and MSB 42NG-035/1, dated May 3, 2013, are co-
published as one document.

    (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 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.
    (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.


[[Page 59226]]


    Issued in Kansas City, Missouri, on September 16, 2013.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-22979 Filed 9-25-13; 8:45 am]
BILLING CODE 4910-13-P