[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74664-74666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25657]



[[Page 74664]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9318; Directorate Identifier 2016-CE-031-AD; 
Amendment 39-18695; AD 2016-22-06]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Diamond Aircraft Industries GmbH Models DA 40 NG, DA 42 NG, and DA 42 
M-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 cracked autopilot bridle cable 
clamps. We are issuing this AD to correct the unsafe condition on these 
products

DATES: This AD is effective November 16, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 16, 
2016.
    We must receive comments on this AD by December 12, 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 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 view 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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2016-9318.

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-
9318; 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. 2016-0190, dated September 26, 2016 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During an inspection of the pitch and roll control system of an 
aeroplane, cracked autopilot bridle cable clamps were discovered. 
Over[hyphen]torqueing has been determined as a possible reason for 
the cracking.
    This condition, if not corrected, could lead to detachment of 
the clamps from the control system, possibly resulting in reduced 
control of the aeroplane.
    To address this potential unsafe condition, Diamond Aircraft 
Industries (DAI) issued Recommended Service Bulletins DAI RSB 
40NG[hyphen]048, DAI RSB 42NG[hyphen]059 and DAI RSB 42NG[hyphen]059 
Revision 1. Later DAI issued Mandatory Service Bulletins DAI MSB 
40NG[hyphen]048 Revision 1 and DAI MSB 42NG[hyphen]059 Revision 2 
(referred to as `the applicable SB' in this AD) to provide 
inspection instructions. DAI also improved the clamp material in a 
redesign
    For the reasons described above, this AD requires repetitive 
inspections of the auto pilot bridle cable clamps, and replacement 
of clamps with redesigned clamps if cracks are found.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9318.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 40NG-048/1, dated September 9, 2016, Work Instruction WI-
MSB 40NG-048, Revision 1, dated September 9, 2016, Mandatory Service 
Bulletin MSB 42NG-059/2, dated September 9, 2016, and Work Instruction 
WI-MSB 42NG-059, Revision 2, dated September 9, 2016. In paired 
combinations, the mandatory service bulletins and work instructions 
describe procedures for inspecting the autopilot bridle cable clamps 
and replacing the clamps with redesigned clamps if cracks are found on 
the applicable airplane models. 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 AD.

FAA's Determination and Requirements of This 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 
cracked autopilot bridle cable clamp could cause detachment of the 
clamps from the control system and result in reduced control. 
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

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data, views, or arguments about this AD. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2016-9318; Directorate Identifier 2016-CE-031-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 78 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic inspection requirement of this AD. The average 
labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $6,630, or $85 per product.
    In addition, we estimate that any necessary follow-on replacement 
actions will take about 1 work-hour and require parts costing $41 per 
autopilot bridle cable clamp. There are a total of 4 clamps per 
airplane. This AD requires replacing 2 clamps at a time, for a cost of 
$167 per product. We have no way of determining the number of products 
that may need these actions.

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:

2016-22-06 Diamond Aircraft Industries GmbH: Amendment 39-18695; 
Docket No. FAA-2016-9318; Directorate Identifier 2016-CE-031-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 16, 
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Diamond Aircraft Industries 
GmbH model airplanes certificated in any category.
    (1) Model DA 40 NG: Serial numbers 40.N260 through 40.N314;
    (2) Model DA 42 NG: Serial numbers 42.N150 through 42.N223; and
    (3) Model DA 42 M-NG: Serial numbers 42.MN035 through 42.MN052.

(d) Subject

    Air Transport Association of America (ATA) Code 22: Autopilot.

(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 cracked 
autopilot bridle cable clamps, which could cause detachment of the 
clamps from the control system and could result in reduced control.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Within the next 25 hours time-in-service (TIS) after 
November 16, 2016 (the effective date of this AD) or within the next 
3 months after November 16, 2016 (the effective date of this AD), 
whichever occurs first, and repetitively thereafter at intervals not 
to exceed 200 hours TIS, inspect each autopilot bridle cable clamp, 
part numbers (P/Ns) D41-2213-10-53 and D41-2213-10-54. Do the 
inspections following the INSTRUCTIONS section of Diamond Aircraft 
Industries GmbH (DAI) Work Instruction WI-MSB 40NG-048, Revision 1, 
dated September 9, 2016, as specified in the Accomplishments/
Instructions paragraph of DAI Mandatory Service Bulletin MSB 40NG-
048/1, dated September 9, 2016, and the INSTRUCTIONS section of DAI 
Work Instruction WI-MSB 42NG-059, Revision 2, dated September 9, 
2016, as specified in the Accomplishments/Instructions paragraph of 
DAI Mandatory Service Bulletin MSB 42NG-059/2, dated September 9, 
2016, as applicable.

    Note 1 to paragraph (f)(1) of this AD:  The European Aviation 
Safety Agency (EASA) AD No. 2016-0190, dated September 26, 2016, and 
the DAI service bulletins referenced in paragraph (f)(1) of this AD 
allow the compliance time for the initial inspection of each 
autopilot bridle cable clamp to be extended from within the 25 hours 
time-in-service or within the next 3 months, whichever occurs first, 
to 200 hours TIS or 12 months, whichever occurs first, as long as 
the autopilot is deactivated. This AD does not allow for this 
extension.

    (2) If a crack is found in either autopilot bridle cable clamp 
during any inspection required in paragraph (f)(1) of this AD, 
before further flight, replace both autopilot bridle cable clamps 
with improved design autopilot bridle cable clamps, P/Ns D41-2213-
10-53_01 (or higher) and P/N D41-2213-10-54_01 (or higher). Do the 
replacements following the INSTRUCTIONS section of DAI Work 
Instruction WI-MSB 40NG-048, Revision 1, dated September 9, 2016, as 
specified in the Accomplishments/Instructions paragraph of DAI 
Mandatory Service Bulletin MSB 40NG-048/1, dated September 9, 2016, 
and the INSTRUCTIONS section of DAI Work Instruction WI-MSB 42NG-
059, Revision 2, dated September 9, 2016, as specified in the 
Accomplishments/Instructions paragraph of DAI Mandatory Service 
Bulletin MSB 42NG-

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059/2, dated September 9, 2016, as applicable.
    (3) Installing improved design autopilot bridle cable clamps, P/
N D41-2213-10-53_01 (or higher) and P/N D41-2213-10-54_01 (or 
higher) terminates the repetitive inspections required in paragraph 
(f)(1) of this AD.
    (4) As of November 16, 2016 (the effective date of this AD), do 
not install autopilot bridle cable clamps, P/Ns D41-2213-10-53 and 
D41-2213-10-54.

(g) Credit for Actions Done Following Previous Service Information

    This AD allows credit for doing only the initial inspection 
action required in paragraph (f)(1) of this AD if done before 
November 16, 2016 (the effective date of this AD), following DAI 
Recommended Service Bulletin RSB 40NG-048, dated August 24, 2016, 
and DAI Recommended Service Bulletin RSB 42NG-059, dated June 30, 
2016, or DAI Recommended Service Bulletin RSB 42NG-059, Revision 1, 
dated August 24, 2016, as applicable.

(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 MCAI EASA AD No. 2016-0190, dated September 26, 2016, 
DAI Recommended Service Bulletin RSB 40NG-048, dated August 24, 
2016, DAI Recommended Service Bulletin RSB 42NG-059, dated June 30, 
2016, and DAI Recommended Service Bulletin RSB 42NG-059, Revision 1, 
dated August 24, 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-2016-9318.

(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 this AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 40NG-048/1, dated September 9, 2016.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
40NG-048, Revision 1, dated September 9, 2016.
    (iii) Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin MSB 42NG-059/2, dated September 9, 2016.
    (iv) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42NG-059, Revision 2, dated September 9, 2016.
    (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.diamondaircraft.com.
    (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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2016-
9318.
    (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 October 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25657 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-13-P