[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35630-35634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15669]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0640; Directorate Identifier 2017-CE-020-AD; 
Amendment 39-18969; AD 2017-15-09]
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 certain 
Diamond Aircraft Industries GmbH Model DA 42 airplanes. This AD 
requires installing engine exhaust pipe clamps with spring washers, 
repetitively inspecting the engine exhaust pipe clamps for cracks, and 
replacing the clamps if found cracked. 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 correct the unsafe condition 
on these products.

[[Page 35631]]


DATES: This AD is effective August 1, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 1, 
2017.
    We must receive comments on this AD by September 15, 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-2017-0640.

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-
0640; 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 (phone: 
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

    AD 2017-01-12, Amendment 39-18779 (82 FR 5359, January 18, 2017) 
(``AD 2017-01-12'') requires either replacing the engine exhaust pipes 
with new design pipes or installing clamps on the old design pipes on 
Diamond Model DA 42 airplanes. AD 2017-01-12 is based on European 
Aviation Safety Agency (EASA) AD No. 2016-0156R1, dated November 23, 
2016. EASA is the Technical Agent for the Member States of the European 
Community.
    After issuance of AD 2017-01-12, we received reports of cracks on 
the new design engine exhaust pipes. To address this cracking issue, we 
issued AD 2017-11-08, Amendment 39-18907 (82 FR 24843, May 31, 2017) 
(``AD 2017-11-08''). AD 2017-11-08 requires repetitively inspecting the 
new design engine exhaust pipes installed on Diamond Model DA 42 
airplanes and replacing any cracked pipes. AD 2017-11-08 is based on 
EASA AD No. 2017-0090, dated May 17, 2017.
    Since issuance of AD 2017-11-08, we received reports of cracks 
found on the engine exhaust pipe clamps that were installed on the old 
design engine exhaust pipes as a requirement in AD 2017-01-12. The FAA 
and EASA are working concurrently on AD action for the United States 
and Europe. EASA recently issued AD No.: 2017-0120, dated July 13, 
2017, to address actions similar to that of this FAA AD.
    This condition, if not corrected, could result in hot exhaust gases 
coming from the fractured pipes and leading to an uncommanded engine 
in-flight shutdown or overheat damage, which could result in a forced 
landing, consequent damage, and occupant injury.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 42-120/2, dated June 7, 2017, and Work Instruction WI-MSB 
42-120, Revision 3, dated July 6, 2017. In combination, the service 
information describes procedures for installing engine exhaust pipe 
clamps with spring washers and inspecting the engine exhaust pipe 
clamps for cracks, with replacement if cracks are found. 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

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information described previously.

FAA's Justification and 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 
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 find that notice and opportunity for 
prior public comment are impracticable and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2017-0640 and 
Directorate Identifier 2017-CE-020-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 affects 130 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 35632]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Install engine exhaust pipe clamps      4 work-hours x $85 per            * $100            $440         $57,200
 with spring washers.                    hour = $340 (for both
                                         clamps).
Inspect engine exhaust pipe clamps....  2 work-hours x $85 per               N/A             170          22,100
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------
* (for both clamps)

    We estimate the following costs to do any necessary replacements 
that will be required based on the results of the inspections. We have 
no way of determining the number of airplanes that may need these 
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace cracked clamps.....................  4 work-hours x $85 per hour = $340           * $100            $440
                                              (for both clamps).
----------------------------------------------------------------------------------------------------------------
* (for both clamps)

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

    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 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 airworthiness 
directive (AD):

2017-15-09 Diamond Aircraft Industries GmbH: Amendment 39-18969; 
Docket No. FAA-2017-0640; Directorate Identifier 2017-CE-020-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 1, 
2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries (DAI) 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 Technify Motors GmbH TAE 125-02-99 or TAE 125-02-
114 engine installed; and
    (2) DAI part numbers (P/N) D60-7806-00-01 and P/N D60-7806-00-02 
engine exhaust clamps 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 actions in paragraphs (f)(1) through 
(6) of this AD.
    (1) Before or upon accumulating 40 hours time-in-service (TIS) 
on the affected engine exhaust pipes or within the next 10 hours

[[Page 35633]]

TIS after August 1, 2017 (the effective date of this AD), whichever 
occurs later, do the actions in paragraphs (f)(1)(i) and (ii) of 
this AD.
    (i) Inspect each engine exhaust clamp for cracks following III.3 
Action 3--Inspection of exhaust clamp for cracks of the INSTRUCTIONS 
section of Diamond Aircraft Industries GmbH (DAI) Work Instruction 
WI-MSB 42-120, Revision 3, dated July 6, 2017, as specified in DAI 
Mandatory Service Bulletin MSB 42-120/2, dated June 7, 2017.
    (ii) Reinstall any uncracked clamp or replace with a new clamp 
and incorporate spring washers following III.2 Action 2--
installation of additional exhaust clamp in the INSTRUCTIONS section 
of DAI Work Instruction WI-MSB 42-120, Revision 3, dated July 6, 
2017, as specified in DAI Mandatory Service Bulletin MSB 42-120/2, 
dated June 7, 2017. See figure 1 to paragraph (f)(1)(ii) of this AD 
for additional information on the sequence of installation actions 
as identified in DAI Work Instruction WI-MSB 42-120, Revision 3, 
dated July 6, 2017. Credit is not given for installation of an 
engine exhaust clamp installed following DAI Work Instruction WI-MSB 
42-120, Revision 1, dated December 14, 2016, (installation of 
exhaust clamp without spring washers), or DAI Work Instruction MSB-
42-120, Revision 2, dated June 7, 2017.
[GRAPHIC] [TIFF OMITTED] TR01AU17.000

    (2) Within 25 hours TIS after the installation required by 
paragraph (f)(1)(ii) of this AD and repetitively thereafter at 
intervals not to exceed 25 hours TIS, inspect each engine exhaust 
clamp for cracks following III.3 Action 3--Inspection of exhaust 
clamp for cracks of the INSTRUCTIONS section DAI Work Instruction 
WI-MSB 42-120, Revision 3, dated July 6, 2017, as specified in DAI 
Mandatory Service Bulletin MSB 42-120/2, dated June 7, 2017.
    (3) If any crack(s) is found on any engine exhaust clamp during 
any inspection required by this AD, before further flight, replace 
or modify the affected engine exhaust clamp(s) following III.2 
Action 2--installation of additional exhaust clamp in the 
INSTRUCTIONS section of DAI Work Instruction WI-MSB 42-120, Revision 
3, dated July 6, 2017, as specified in DAI Mandatory Service 
Bulletin MSB 42-120/2, dated June 7, 2017.
    (4) If during any replacement or modification required by this 
AD the exhaust clamp assembly cannot be installed without side force 
using step 10 of III.2 Action 2--installation of additional exhaust 
clamp in the INSTRUCTIONS section of DAI Work Instruction WI-MSB 42-
120, Revision 3, dated July 6, 2017, before further flight contact 
the FAA at the address specified in paragraph (i) of this AD to 
obtain and incorporate an FAA-approved repair/modification approved 
specifically for this AD. The FAA will coordinate with the European 
Aviation Safety Agency (EASA) and DAI for the development of a 
repair/modification to address the specific problem.
    (5) The replacement required by paragraphs (f)(1)(ii) or (f)(3) 
of this AD does not terminate the repetitive inspections required by 
paragraph (f)(2) of this AD when DAI part numbers (P/N) D60-7806-00-
01 and P/N D60-7806-00-02 engine exhaust clamps are installed.
    (6) Within 10 days after any inspection where a cracked clamp is 
found or within 10 days after August 1, 2017 (the effective date of 
this AD), whichever occurs later, report the results to the FAA at 
the address specified in paragraph (i)(1) of this AD and to DAI at 
the address specified in paragraph (j)(3) of this AD. Report all the 
information included in the Appendix to this AD.

(g) Paperwork Reduction Act Burden Statement

    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.

[[Page 35634]]

(h) Alternative Methods of Compliance (AMOCs)

    (1) 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. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the ACO, send it to the attention of the person 
identified in paragraph (i) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD, 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].
    (2) Refer to MCAI EASA AD No.: 2017-0120, dated July 13, 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-2017-0640.

(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 the AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 42-120/2, dated June 7, 2017.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42-120, Revision 3, dated July 6, 2017.
    (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-
0640.
    (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.

Appendix to AD 2017-15-09

Airplane Serial Number:------------------------------------------------

Total Hours TIS of the Airplane:---------------------------------------

Total Hours TIS Since Clamp was Installed:-----------------------------

Clamp was installed on:

__ Left-hand Engine Only
__ Right-hand Engine Only
__ Both Engines

Number of Inspections Since Found Cracked:-----------------------------

Clamp installed per: ___ Section 8, ___ Section 9, or ___Section 10 
of subsection III.2 of Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB 42-120, Revision 3, dated July 6, 2017.

Clamp installed per the following Revision level of Diamond Aircraft 
Industries GmbH Work Instruction WI-MSB 42-120:
__ Original Issue
__ Revision 1
__ Revision 2

    Issued in Kansas City, Missouri, on July 19, 2017.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-15669 Filed 7-31-17; 8:45 am]
 BILLING CODE 4910-13-P