[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Proposed Rules]
[Pages 60600-60602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23908]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Diamond Aircraft Industries GmbH (DAI) Model DA 42, DA 42 
M-NG, and DA 42 NG airplanes. This proposed 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 dissolved or detached fuel tank hose material entering the 
main fuel tank chambers, which could result in restricted fuel flow 
with consequent fuel starvation. This proposed AD would require 
removing the fuel tank connection hoses from service and inspecting the 
fuel tank connection hoses for damage and detached rubber material. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by December 
20, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Diamond 
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener 
Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 26780; email: 
[email protected]; website: https://www.diamondaircraft.com. You 
may view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0952; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249; phone: 
(303) 342-1094; fax: (303) 342-1088; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0952; Project Identifier 
2019-CE-039-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as

[[Page 60601]]

private, and that is relevant or responsive to this NPRM, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission containing CBI as ``PROPIN.'' 
The FAA will treat such marked submissions as confidential under the 
FOIA, and they will not be placed in the public docket of this NPRM. 
Submissions containing CBI should be sent to Penelope Trease, Aviation 
Safety Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0218, dated September 3, 2019 (referred to after this as 
``the MCAI''), to address an unsafe condition on certain DAI Model DA 
42, DA 42M, DA 42 M-NG, and DA 42 NG airplanes. The MCAI states:

    Reports were received of dissolved fuel tank connections hoses. 
Rubber parts were found within the fuel tank. The investigation 
results showed that the affected parts are limited to 2 isolated 
batches, some of which were installed on the production line. Other 
affected parts have been supplied as spare for in-service 
replacement.
    This condition, if not corrected, could lead to restricted fuel 
flow from the tank, possibly resulting in fuel starvation and 
consequent reduced control of the aeroplane.
    To address this potential unsafe condition, DAI issued the 
applicable MSB [Mandatory Service Bulletin], providing instructions 
to identify and replace the affected parts. The applicable MSB 
identifies the MSN [manufacturer serial numbers] of the aeroplanes 
on which affected parts were installed during aeroplane production. 
The applicable MSB also indicates that any other aeroplane may be 
affected, if an affected part supplied as spare was installed.
    For the reason described above, this [EASA] AD requires removal 
and replacement of the affected parts, and, if a removed affected 
part is found damaged, inspection of the fuel tank chambers and 
removal of any detached rubber material. This [EASA] AD also 
prohibits (re)installation of any affected parts.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0952.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Mandatory Service Bulletin (MSB) 
42-138/MSB 42NG-080, dated July 1, 2019 (issued as one document) 
published with Diamond Aircraft Work Instruction (WI) MSB 42-138/WI-MSB 
42NG-080, dated July 1, 2019 (issued as one document) attached. This 
service information identifies the list of affected fuel tank 
connection hoses and also contains procedures for replacing the fuel 
tank connection hose and inspecting the main fuel tank chambers. 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 ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require removing the affected fuel tank 
connection hoses from service. This proposed AD would also require 
inspecting the fuel tank connection hoses and, if there is damage, 
inspecting the main fuel tank chambers and removing any detached rubber 
material.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI applies to the Model DA 42 M airplane and this proposed AD 
would not because it does not have an FAA type certificate.
    The service information specifies reporting information to DAI, and 
this proposed AD would not require reporting.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 192 airplanes of U.S. registry. The FAA estimates that it would 
take about 30 work-hours to do the actions of this proposed AD and 
require a part costing $188. The average labor rate is $85 per work-
hour. Based on these figures, the FAA estimates the cost to do the 
actions of this proposed AD on U.S. operators to be $525,696 or $2,738 
per airplane.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

[[Page 60602]]

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:

Diamond Aircraft Industries GmbH: Docket No. FAA-2021-0952; Project 
Identifier 2019-CE-039-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 20, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to:
    (1) Diamond Aircraft Industries GmbH (DAI) Model DA 42 NG 
airplanes, serial numbers (S/N) 42.N303 through 42.N314, 42.N319, 
and 42.N320, certificated in any category, with a fuel tank 
connection hose part number (P/N) D4D-2817-10-70 installed; or
    (2) DAI Models DA 42, DA 42 NG, and DA 42 M-NG airplanes, all 
serial numbers, certificated in any category, with a fuel tank 
connection hose P/N D4D-2817-10-70 identified in the Technical 
Details, section I.11, of Diamond Aircraft Mandatory Service 
Bulletin MSB 42-138/MSB 42NG-080, dated July 1, 2019 (issued as one 
document) (MSB 42-138/42NG-080), installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2810, Fuel Storage.

(e) Unsafe Condition

    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 dissolved or 
detached fuel tank hose material entering the main fuel tank 
chambers. The FAA is issuing this AD to prevent restricted fuel 
flow, which could result in fuel starvation. The unsafe condition, 
if not addressed, could result in fuel starvation and reduced 
control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Within 100 hours time-in-service (TIS) after the effective 
date of this AD or within 4 months after the effective date of this 
AD, whichever occurs first, replace the main fuel tank connection 
hoses in accordance with the Instructions, sections III.1 and III.2, 
in DAI Work Instruction WI-MSB 42-138 and WI-MSB 42NG-080, Revision 
0, dated July 1, 2019, (issued as one document) attached to MSB 42-
138/42NG-080. Instead of P/N D4D-2817-10-70_01, you may also replace 
a fuel tank connection hose with P/N D4D-2817-10-70 that is not 
identified in paragraph (c) of this AD.
    (2) As of the effective date of this AD, do not install a fuel 
tank connection hose P/N D4D-2817-10-70 identified in paragraph (c) 
of this AD on any airplane.

(h) No Reporting Requirement

    This AD does not require you to report information as specified 
in the Instructions, step III.1.12, in DAI Work Instruction WI-MSB 
42-138/WI-MSB 42NG-080 (single document), Revision 0, dated July 1, 
2019, which is co-published as one document with MSB 42-138/42NG-
080.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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 certification office, send it to the 
attention of the person identified in paragraph (j)(1) of this AD or 
email to: [email protected].
    (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.

(j) Related Information

    (1) For more information about this AD, contact Penelope Trease, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 26805 E. 68th Avenue, Denver, 
CO 80249; phone: (303) 342-1094; fax: (303) 342-1088; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2019-0218, dated September 3, 2019, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2021-0952.
    (3) For service information identified in this AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 
Wiener Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 
26780; email: [email protected]; website: https://www.diamondaircraft.com. You may view this referenced service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on 
the availability of this material at the FAA, call (816) 329-4148.

    Issued on October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23908 Filed 11-2-21; 8:45 am]
BILLING CODE 4910-13-P