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[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22170-22172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07500]

[[Page 22170]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1148; Directorate Identifier 2012-CE-039-AD; 
Amendment 39-17405; AD 2013-07-01]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond 
Aircraft Industries GmbH Models DA 42, DA 42 M-NG, and DA 42NG 
airplanes. This AD results from mandatory continuing airworthiness 
information (MCAI) issued 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 overextension of the main 
landing gear (MLG) shock absorber that could lead to the MLG jamming in 
the gear bay and result in damage to the aircraft or occupant injury. 
We are issuing this AD to require actions to address the unsafe 
condition on these products.

DATES: This AD is effective May 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 20, 2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590.
    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: office@diamond-air.at; Internet: http://www.diamond-air.at. You 
may review copies of the 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.

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: 
mike.kiesov@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 29, 2012 (77 
FR 65503). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    An incident was reported where a Diamond DA 42 experienced main 
landing gear (MLG) extension problems during approach, with the left 
hand (LH) MLG not down. An uneventful landing was made with minor 
damage to the aeroplane and no injuries to occupants.
    Subsequent investigation results showed that the affected MLG 
leg shock absorber, P/N D60-3277-10-00, had overextended, resulting 
in the MLG being jammed in the gear bay. The overextension had been 
caused by a retaining nut in the MLG shock absorber which had 
loosened itself during operation.
    This condition, if not corrected, could inhibit proper extension 
of the MLG, possibly resulting in damage to the aeroplane and injury 
to occupants.
    Prompted by the reported event, Diamond Aircraft Industries 
(DAI) published Recommended Service Bulletin (RSB) 42-089/RSB 42NG-
017 which includes Working Instruction (WI) WI-RSB-089/WI-RSB 42NG-
017 (published as a single document) to recommend operators to 
modify the affected dampers to P/N D60-3277-10-00--01 standard, 
which incorporates installation of a new retaining nut and a new 
seal system for the MLG damper that is more durable and can 
withstand a greater temperature range.
    Since that RSB was issued, further analysis has shown that the 
risk of a MLG failing to extend is greater than was initially 
determined. Consequently, DAI issued Mandatory Service Bulletin MSB 
42-095/MSB 42NG-026 to alert aeroplane owners and operators 
accordingly. The new MSB contains the same instructions as the 
earlier RSB, but is no longer `at owner's discretion'.
    For the reasons described above, this AD requires modification 
of the affected MLG leg shock absorber, P/N D60-3277-10-00. This AD 
also prohibits installation of unmodified P/N D60-3277-10-00 MLG leg 
shock absorbers.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 65503, October 29, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed with minor 
editorial changes. Diamond Aircraft Industries GmbH provided new 
service information that added marking instructions to annotate the 
part change and modification. The work-hours to mark two parts using 
indelible ink followed with clear coating would be very minimal and not 
impact the estimated cost of compliance. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 65503, October 29, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 65503, October 29, 2012).

Costs of Compliance

    We estimate that this AD will affect 175 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. Required parts would cost about $115 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $49,875, or $285 per product.
    According to the manufacturer, some of the costs of this 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: 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

[[Page 22171]]

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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 the NPRM (77 FR 65503, October 29, 
2012), 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.

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:

2013-07-01 Diamond Aircraft Industries GmbH: Amendment 39-17405; 
Docket No. FAA-2012-1148; Directorate Identifier 2012-CE-039-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 20, 2013

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Models DA 
42, DA 42 M-NG, and DA 42 NG airplanes, all serial numbers, 
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 32: Landing 
Gear.

(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 overextension of 
the MLG shock absorber. We are issuing this AD to prevent the MLG 
jamming in the gear bay, which could result in damage to the 
aircraft or occupant injury.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within the next 200 hours time-in-service (TIS) after May 
20, 2013 (the effective date of this AD) or within the next 12 
months after May 20, 2013 (the effective date of this AD), whichever 
occurs first, do either (i) or (ii) as follows:
    (i) Modify the left hand (LH) and right hand (RH) MLG leg shock 
absorbers P/N D60-3277-10-00 following either:
    (A) The Instructions section of Diamond Aircraft Industries GmbH 
Work Instruction WI-MSB 42-095, MSB 42NG-026, Revision 1, dated 
February 5, 2013, and the Accomplishment/Instructions of Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB 
42NG-026, dated November 11, 2011; or
    (B) The Instructions section of Diamond Aircraft Industries GmbH 
Work Instruction WI-RSB 42-089, WI-RSB 42NG-017, Revision 2, dated 
February 12, 2013, and the Accomplishment/Instructions of Diamond 
Aircraft Industries GmbH Recommended Service Bulletin RSB 42 089/1, 
RSB 42NG-017/1, dated April 19, 2011.
    (ii) Replace each MLG leg shock absorber P/N D60-3277-10-00 with 
a modified unit P/N D60-3277-10-00--01, following, as applicable: 
the Instructions section of Diamond Aircraft Industries GmbH Work 
Instruction WI-RSB 42-089, WI-RSB 42NG-017, Revision 2, dated 
February 12, 2013, and Diamond Aircraft Industries GmbH Recommended 
Service Bulletin RSB 42 089/1, RSB 42NG-017/1, dated April 19, 2011.
    (2) After May 20, 2013 (the effective date of this AD), do not 
install an MLG leg shock absorber P/N D60-3277-10-00 on the 
airplane, unless the shock absorber has been modified following the 
instructions in either paragraph (f)(1)(i)(A) or (f)(1(i)(B) 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: 
mike.kiesov@faa.gov. 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.: 
2012-0174, dated September 4, 2012, for related information.

(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 GmbH Mandatory Service Bulletin 
MSB 42-095, MSB 42NG-026, dated November 11, 2011;
    (ii) Diamond Aircraft Industries GmbH Recommended Service 
Bulletin RSB 42-089/1, RSB 42NG-017/1, dated April 19, 2011;
    (iii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42-095, MSB 42NG-026, Revision 1, dated February 5, 2013; and
    (iv) Diamond Aircraft Industries GmbH Work Instruction WI-RSB 
42-089, WI-RSB 42NG-017, Revision 2, dated February 12, 2013.
    (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

[[Page 22172]]

2622 26780; email: office@diamond-air.at; Internet: http://www.diamond-air.at.
    (4) You may view this service information at FAA, 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.
    (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 March 22, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-07500 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P
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