[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Proposed Rules]
[Pages 28594-28596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0638; Directorate Identifier 2017-CE-018-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 Models DA 42, DA 42 M-NG, and 
DA 42 NG 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 crack 
formation on the flap bell crank, which could cause the flap bell crank 
to fail. We are issuing this proposed AD to require actions to address 
the unsafe condition on these products.

DATES:  We must receive comments on this proposed AD by August 7, 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-

[[Page 28595]]

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-2017-
0638; 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-2017-0638; 
Directorate Identifier 2017-CE-018-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. 2017-0074, dated April 28, 2017 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Cracks and deformation have been found on the flap bell crank 
Part Number (P/N) D60-2757-11-00. Frequent high load conditions have 
been identified as the root cause.
    This condition, if not detected and corrected, could lead to 
failure of the flap bell crank and consequent reduced control of the 
aeroplane.
    To address this potential unsafe condition, Diamond Aircraft 
Industries (DAI) issued Mandatory Service Bulletin (MSB) 42-126/MSB 
42NG-066 and the corresponding Work Instruction (WI) MSB 42-126/WI-
MSB 42NG-066 (single document), hereafter referred to as `the 
applicable MSB' in this [EASA] AD, providing inspection and 
modification instructions.
    For the reason described above, this [EASA] AD requires 
modification of the flap control system by installing two spacers to 
replace a single long spacer, repetitive inspections of the flap 
bell crank, and, depending on findings, replacement of the flap bell 
crank with an improved part. Installation of an improved flap bell 
crank constitutes terminating action for the repetitive inspections 
required by this [EASA] AD.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0638.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 42-126 MSB/42NG-066, dated March 27, 2017 (single 
document), and Work Instruction WI-MSB 42-126/WI-MSB 42NG-066, dated 
March 27, 2017 (single document). In combination, this service 
information describes procedures for repetitively inspecting the flap 
bell crank for cracks, replacing the flap bell crank if cracks are 
found, and modification of the flap control system. 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 This 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 will affect 190 products of U.S. 
registry. We also estimate that it would take about 4 work-hours per 
product to comply with the initial inspection requirement of this 
proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the initial 
inspection requirement of this proposed AD on U.S. operators to be 
$64,000, or $340 per product.
    We also estimate that it would take about 2 work-hours per product 
to comply with the repetitive inspection requirement of this proposed 
AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the repetitive 
inspection requirement of this proposed AD on U.S. operators to be 
$32,300, or $170 per product.
    In addition, we estimate that any necessary replacement action 
would take about 1 work-hour and require parts costing $430, for a cost 
of $515 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 proposed 
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:

[[Page 28596]]

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-2017-0638; 
Directorate Identifier 2017-CE-018-AD.

(a) Comments Due Date

    We must receive comments by August 7, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model DA 42, 
DA 42 M-NG, and DA 42 NG airplanes, serial numbers 42.004 through 
42.427, 42.AC001 through 42.AC151, 42.M001 through 42.M026, 42.N001 
through 42.N067, 42.N100 through 42.N129, 42.NC001 through 42.NC008, 
and 42.MN001 through 42.MN033, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(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 crack formation 
on the flap bell crank. We are issuing this AD to prevent failure of 
the flap bell crank, which could result in reduced control.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Inspect the flap bell crank, part number (P/N) D60-2757-11-
00, and modify the flap control system by installing two spacers, P/
N DS BU2-10-06-0065-C, where the flap actuator rod end bearing is 
connected to the flap bell crank, following the Instructions section 
in Diamond Aircraft Industries GmbH (DAI) Work Instruction WI-MSB 
42-126/WI-MSB 42NG-066, dated March 27, 2017 (single document), as 
specified in DAI Mandatory Service Bulletin MSB 42-126/MSB 42NG-066, 
dated March 27, 2017 (single document), at whichever of the 
following compliance times occurs later:
    (i) Before exceeding 600 hours time-in-service (TIS), and 
repetitively thereafter at intervals not to exceed 200 hours TIS.
    (ii) Within the next 100 hours TIS after the effective date of 
this AD or within the next 6 months after the effective date of this 
AD, whichever occurs first, and repetitively thereafter at intervals 
not to exceed 200 hours TIS.
    (2) If any discrepancies are found during any inspection 
required in paragraph (f)(1) of this AD, before further flight, 
replace the flap bell crank with an improved part, P/N D60-2757-11-
00_01, following the Instructions section in DAI Work Instruction 
WI-MSB 42-126/WI-MSB 42NG-066, dated March 27, 2017 (single 
document), as specified in DAI Mandatory Service Bulletin MSB 42-
126/MSB 42NG-066, dated March 27, 2017 (single document). Installing 
P/N D60-2757-11-00_01 terminates the repetitive inspections required 
in paragraph (f)(1) of this AD. This installation as terminating 
action may be done in lieu of the inspections required in paragraph 
(f)(1) 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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2017-0074, dated April 28, 2017. You may examine the MCAI on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-0638. 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 June 19, 2017.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-13139 Filed 6-22-17; 8:45 am]
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