[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]
 BILLING CODE 4910-13-P