[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Rules and Regulations]
[Pages 78708-78711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26808]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9369; Directorate Identifier 2016-CE-034-AD; 
Amendment 39-18710; AD 2016-23-03]
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 all 
Diamond Aircraft Industries GmbH 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 possible loss of engine power and emergency 
landing with consequent damage to the airplane and occupant injury 
caused by a manufacturing quality deficiency in a batch of V-clamps 
that could cause the V-clamp to crack and fail. We are issuing this AD 
to require actions to address the unsafe condition on these products.

DATES: This AD is effective November 29, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 29, 
2016.
    We must receive comments on this AD by December 27, 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-2016-9369.

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-
9369; 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

[[Page 78709]]

for the Member States of the European Community, has issued AD No. 
2016-0203, dated October 10, 2016 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Failures of V-clamps, Part Number (P/N) E4A-41-000-002, 
installed on the turbochargers, have been reported on DA 40 NG 
aeroplanes. One of the failures resulted in engine power loss and 
subsequent emergency landing. Preliminary investigations identified 
a manufacturing quality deficiency in a batch of V-clamps as the 
possible cause of these failures.
    This condition, if not detected and corrected, could lead to 
further occurrences of engine power loss, possibly resulting in an 
emergency landing with consequent damage to the aeroplane and injury 
to occupants.
    To address this potential unsafe condition, DAI designed an 
improved V-clamp, P/N D44-9081-26-03, and issued Mandatory Service 
Bulletin (MSB) 40NG-046 (later revised), providing instructions to 
identify all the parts suspected to be part of the affected batch, 
and to replace these with the new V-clamp. The MSB also introduces 
repetitive inspections of all turbocharger V-clamps, irrespective of 
P/N.
    For the reasons described above, this AD requires repetitive 
visual inspections of the V-clamps and, depending on findings, 
replacement. This AD also requires replacement of certain V-clamps 
with improved clamps.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-9369.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 40NG-046/2, dated July 22, 2016, and Work Instruction WI-
MSB 40NG-046, dated July 14, 2016. In combination, this service 
information describes procedures for inspecting the V-clamp for cracks 
and for correct installation and for replacing cracked and incorrectly 
installed V-clamps with parts of improved 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 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 a 
manufacturing quality deficiency in a batch of V-clamps could cause the 
V-clamp to crack and fail. Failure of the V-clamp could result in loss 
of engine power and possible emergency landing, which could result in 
damage to the airplane and occupant injury. 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-2016-9369; Directorate 
Identifier 2016-CE-034-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 22 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the inspection requirements of this AD. The average labor 
rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the inspection in 
this AD on U.S. operators to be $1,870, or $85 per product.
    We also estimate that it will take about 1 work-hour per product to 
comply with the replacement requirement of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $75 per 
product.
    Based on these figures, we estimate the cost of the replacement in 
this AD on U.S. operators to be $3,520, or $160 per product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to 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 control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is 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.

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

[[Page 78710]]

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:

2016-23-03 Diamond Aircraft Industries GmbH: Amendment 39-18710; 
Docket No. FAA-2016-9369; Directorate Identifier 2016-CE-034-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 29, 
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model DA 40 
NG airplanes, all serial numbers, certificated in any category.

(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. The MCAI describes the unsafe condition as manufacturing 
quality deficiency in a batch of V-clamps that could cause the V-
clamp to crack and fail. We are issuing this AD to prevent failure 
of the V-clamp and possible loss of engine power, which could result 
in emergency landing with consequent damage to the airplane and 
occupant injury.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Within the next 50 hours time-in-service (TIS) after 
November 29, 2016 (the effective date of this AD) or within the next 
2 months after November 29, 2016 (the effective date of this AD), 
whichever occurs first, and repetitively thereafter at intervals not 
to exceed 100 hours TIS, inspect the V-clamp following the 
Instructions section in Diamond Aircraft Industries GmbH (DAI) Work 
Instruction WI-MSB 40NG-046, dated July 14, 2016, as specified in 
DAI Mandatory Service Bulletin MSB 40NG-046/2, dated July 22, 2016.
    (2) If any crack or incorrect installation is found during any 
inspection required in paragraph (f)(1) of this AD, before further 
flight, replace the V-clamp with an improved V-clamp, P/N D44-9081-
26-03. After this replacement, continue with the 100 hour TIS 
repetitive inspection required in paragraph (f)(1) of this AD. Do 
the replacement following the Instructions section in Diamond 
Aircraft Industries GmbH (DAI) Work Instruction WI-MSB 40NG-046, 
dated July 14, 2016, as specified in DAI Mandatory Service Bulletin 
MSB 40NG-046/2, dated July 22, 2016.
    (3) Unless already replaced as required in paragraph (f)(2) of 
this AD, within the next 100 hours TIS after November 29, 2016 (the 
effective date of this AD) or within the next 4 months after 
November 29, 2016 (the effective date of this AD), whichever occurs 
first, replace P/N E4A-41-000-002 V-clamp with an improved P/N D44-
9081-26-03 V-clamp. After this replacement, continue with the 100 
hour TIS repetitive inspection required in paragraph (f)(1) of this 
AD. Do the replacement following the Instructions section in Diamond 
Aircraft Industries GmbH (DAI) Work Instruction WI-MSB 40NG-046, 
dated July 14, 2016, as specified in DAI Mandatory Service Bulletin 
MSB 40NG-046/2, dated July 22, 2016.
    (4) Within 10 days after each inspection required in paragraph 
(f)(1) of this AD, report the results to DAI at the address in 
paragraph (i)(3) of this AD using the Execution Report on page 3 of 
DAI Mandatory Service Bulletin MSB 40NG-046/2, dated July 22, 2016. 
If the initial inspection was done before November 29, 2016 (the 
effective date of this AD), then the report for this inspection is 
required within 10 days after November 29, 2016 (the effective date 
of this AD).
    (5) At the following compliance times, installing a V-clamp P/N 
E4A-41-000-002 is prohibited.
    (i) Anytime a P/N E4A-41-000-002 V-clamp is replaced with an 
improved P/N D44-9081-126-03 V-clamp, as required by paragraphs 
(f)(2) and (3) of this AD; and
    (ii) As of November 29, 2016 (the effective date of this AD), if 
a P/N E4A-41-000-002 V-clamp is not currently installed.

(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. 
2016-0203, dated October 10, 2016, and Diamond Aircraft Temporary 
Revision AMM-TR-M[Auml]M 40-853/b, dated July 15, 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-
2016-9369.

(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 this AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 40NG-046/2, dated July 22, 2016.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
40NG-046, dated July 14, 2016.
    (3) For Diamond Aircraft Industries GmbH service information 
identified in this AD,

[[Page 78711]]

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-
9369.
    (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 31, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-26808 Filed 11-8-16; 8:45 am]
 BILLING CODE 4910-13-P