[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24843-24846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11127]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0506; Directorate Identifier 2017-CE-019-AD; 
Amendment 39-18907; AD 2017-11-08]
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 Diamond 
Aircraft Industries GmbH Model DA 42 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 failure of the propeller regulating valve caused by hot 
exhaust gases coming from fractured engine exhaust pipes. We are 
issuing this AD to require actions to address the unsafe condition on 
these products.

DATES: This AD is effective May 31, 2017.

[[Page 24844]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 31, 2017.
    We must receive comments on this AD by July 17, 2017.

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 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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2017-0506.

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-2017-
0506; 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. 2017-0090, dated May 17, 2017 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for Diamond Aircraft Industries 
GmbH Model DA 42 and DA 42 M airplanes. The MCAI states:

    Two cases were reported of uncommanded engine in-flight shutdown 
(IFSD) on DA 42 aeroplanes. Subsequent investigations identified 
that 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. EASA issued AD 
2016-0156 (later revised), requiring replacement of the exhaust 
pipes with pipes having the new design, or installation of the 
additional brackets.
    Since EASA AD 2016-0156R1 was issued, cracks were found during 
inspection on modified exhaust pipes. Further investigation 
determined that, with the modified exhaust pipe design, vibration 
leads to cracking.
    To address this potential unsafe condition, DAI published MSB 
42-129 providing instructions for inspection of modified exhaust 
pipes.
    For the reasons described above, this AD retains the 
requirements of EASA AD 2016-0156R1, which is superseded, and 
requires repetitive inspections of modified exhaust pipes and, 
depending on findings, repair or replacement. This AD is considered 
interim action and further AD action may follow upon availability of 
an improved exhaust pipe design.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0506.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB-42-129, dated May 17, 2017, and Work Instruction WI-OSB-
42-122, Revision 2, dated June 24, 2016. Mandatory Service Bulletin 
MSB-42-129, dated May 17, 2017, describes procedures for inspecting the 
DAI part number (P/N) D60-9078-06-01_01 and Technify P/N 52-7810-H0014 
01 engine exhaust pipes. Work Instruction WI-OSB-42-122, Revision 2, 
dated June 24, 2016, describes procedures for (among other things) 
replacing the engine exhaust pipes. 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 the final rule.

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.

Differences Between the AD and MCAI

    The MCAI allows for either replacement or repair if a cracked 
exhaust pipe is found during an inspection. This AD will only allow for 
replacement. If there were to become a parts availability issue at some 
time, we would consider the welding repair as an alternative method of 
compliance.
    In addition, the MCAI supersedes the previous EASA AD 2016-0156R1, 
which introduced the DAI part number (P/N) D60-9078-06-01_01 and 
Technify P/N 52-7810-H0014 01 engine exhaust pipes that are the subject 
of this AD. The FAA is not superseding the corresponding AD 2017-01-12, 
Amendment 39-18779 (82 FR 5359; January 18, 2017) because there were 
other options in that AD that would not be affected by this action. 
Thus AD 2017-01-12 establishes the baseline for the applicability of 
this AD, and if any of the affected exhaust pipes were installed per AD 
2017-01-12 they would be subject to the actions of this AD action.
    The airplane models affected by the MCAI are the Models DA 42 and 
DA 42 M. Only the DA 42 is type certificated in the United States so 
this AD action will only affect the Model DA 42 airplanes.

[[Page 24845]]

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 the 
affected engine exhaust pipes could crack and cause hot gases to leak 
from fractured exhaust pipes and lead to an uncommanded engine in-
flight shutdown. 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-2017-0506; Directorate 
Identifier 2017-CE-019-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 130 products 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.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $22,100, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 2 work-hours and require parts costing $2,100, for a cost of 
$2,270 per product. We have no way of determining the number of 
products that may need these actions.
    According to the design approval holder, some of the costs of this 
AD (cost of parts) 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 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:

2017-11-08 Diamond Aircraft Industries GmbH: Amendment 39-18907; 
Docket No. FAA-2017-0506; Directorate Identifier 2017-CE-019-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 31, 
2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model DA 42 
airplanes, serial numbers 42.004 through 42.427 and 42.AC001 through 
42.AC151, certificated in any category, that have:
    (1) either a TAE 125-02-99 or TAE 125-02-114 engine installed; 
and
    (2) either DAI part number (P/N) D60-9078-06-01_01 or Technify 
P/N 52-7810-H0014 01 engine exhaust pipes installed.

(d) Subject

    Air Transport Association of America (ATA) Code 78: Engine 
Exhaust.

(e) Reason

    This AD was prompted by cracks in the affected engine exhaust 
pipes, which could cause failure of the propeller regulating valve 
because of hot exhaust gases coming from the fractured pipes. We are 
issuing this AD to prevent an uncommanded engine in-flight shutdown 
or overheat damage, which could result in a forced landing, 
consequent damage, and occupant injury.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Before or upon accumulating 40 hours time-in-service (TIS) 
on the affected engine exhaust pipes or within the next 10 hours TIS 
after the effective date of this AD, whichever occurs later, and 
repetitively thereafter at intervals not to exceed 50 hours TIS, 
inspect each engine exhaust pipe following Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin MSB-42-129, dated May 17, 
2017.
    (2) If any crack(s) is/are found on any engine exhaust pipe 
during any inspection required by this AD, before further flight, 
replace the affected engine exhaust pipe(s) following Step 14 (page 
8) of Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-
122, Revision 2, dated June 24, 2016.
    (3) The replacement required by paragraph (f)(2) of this AD does 
not terminate the repetitive inspections required by paragraph 
(f)(1) of this AD when a DAI part number (P/N) D60-9078-06-01_01 or 
Technify P/N

[[Page 24846]]

52-7810-H0014 01 engine exhaust pipe is 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 EASA AD No.: 2017-0090, dated May 17, 2017, for 
related information. You may examine the MCAI on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2017-0506.

 (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 Mandatory Service Bulletin MSB-
42-129, dated May 17, 2017.
    (ii) Diamond Aircraft Industries Work Instruction WI-OSB 42-122, 
Revision 2, dated June 24, 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-2017-
0506.
    (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 May 19, 2017.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-11127 Filed 5-30-17; 8:45 am]
BILLING CODE 4910-13-P