22170 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations 

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. 

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+e 5, 

A–2700 Wiener Neustadt, Austria, 

telephone: +43 2622 26700; fax: +43 

2622 26780; email: office@diamondair.at; Internet: http://www.diamondair.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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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-inservice (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+e 5, A–2700 Wiener Neustadt, 

Austria, telephone: +43 2622 26700; fax: +43 

mstockstill on DSK4VPTVN1PROD with RULES

22172 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations 

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/ibrlocations.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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1094; Directorate 

Identifier 2011–NM–070–AD; Amendment 

39–17412; AD 2013–07–08] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 757 

airplanes. This AD was prompted by 

reports that inspections of the wing 

center section revealed defective, 

misapplied, or missing secondary fuel 

vapor barriers on the center fuel tank. 

This AD requires inspecting for 

discrepancies and insufficient coverage 

of the secondary fuel barrier, 

determining the thickness of the 

secondary fuel barrier, and corrective 

actions if necessary. We are issuing this 

AD to detect and correct defective 

surfaces and insufficient thickness of 

the secondary fuel barrier, which could 

allow fuel leaks or fumes into the 

pressurized cabin, and allow fuel or fuel 

vapors to come in contact with an 

ignition source, which could result in a 

fire or an explosion. 

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: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

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 this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

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 FURTHER INFORMATION CONTACT: 

Kevin Nguyen, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue SW., Renton, 

WA 98057–3356; phone: (425) 917– 

6501; fax: (425) 917–6590; email: 

kevin.nguyen@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 published in the Federal 

Register on October 26, 2011 (76 FR 

66200). That NPRM proposed to require 

inspecting for discrepancies and 

insufficient coverage of the secondary 

fuel barrier, determining the thickness 

of the secondary fuel barrier, and 

corrective actions if necessary. 

Actions Since NPRM (76 FR 66200, 

October 26, 2011) Was Issued 

The NPRM (76 FR 66200, October 26, 

2011) referred to Boeing Service 

Bulletin 757–57–0060, Revision 2, dated 

May 24, 2007; and Boeing Service 

Bulletin 757–57–0061, Revision 1, dated 

May 24, 2007; as the appropriate 

sources of service information for 

accomplishing the proposed actions. 

Since we issued the NPRM (76 FR 

66200, October 26, 2011), we have 

reviewed Boeing Service Bulletin 757– 

57–0060, Revision 4, dated December 7, 

2012; and Boeing Service Bulletin 757– 

57–0061, Revision 3, dated December 7, 

2012. We also reviewed Boeing Service 

Bulletin 757–57–0060, Revision 3, dated 

May 9, 2012; and Boeing Service 

Bulletin 757–57–0061, Revision 2, dated 

May 4, 2012. Among other things, these 

service bulletins eliminate a reference to 

the ‘‘upper panel’’ from certain steps of 

the Accomplishment Instructions. 

Boeing Service Bulletin 757–57–0061, 

Revision 2, dated May 4, 2012, also 

removed references to Group 2 airplanes 

from certain parts of the 

Accomplishment Instructions. 

This final rule has been revised to 

reference the latest revisions of this 

service information. In addition, the 

reference to ‘‘upper panel’’ has been 

removed from paragraph (h) of this AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (76 FR 66200, 

October 26, 2011) and the FAA’s 

response to each comment. Boeing 

supported the NPRM. FedEx had no 

technical objections to the NPRM. 

Request To Extend the Compliance 

Time 

American Airlines (AA) requested 

that we revise the NPRM (76 FR 66200, 

October 26, 2011) to extend the 

compliance time specified in paragraph 

(g) of the NPRM from 60 months to 72 

months to align with the regular heavy 

check interval for Model 757 airplanes. 

AA added that, based on current 

findings and the design of the vapor 

barrier, safety of flight is not affected by 

extending the compliance time. 

We agree with extending the 

compliance time to 72 months. The 

purpose of the secondary fuel barrier on 

Model 757 airplanes is to contain leaks 

due to fastener failures, primary tank 

sealant failures, and/or structural 

cracking of the center fuel tank. Model 

757 airplanes have not had a history of 

those failures, thus extending the 

compliance time from 60 months to 72 

months is acceptable for operators to 

accomplish the inspections during a 

regularly scheduled heavy maintenance 

check. We revised paragraphs (g), (h), 

(i), and (j) of this AD accordingly. 

Request To Provide Credit for Previous 

Actions 

British Airways PLc requested that we 

revise the NPRM (76 FR 66200, October 

26, 2011) to provide credit for Groups 1, 

2, and 3 airplanes for accomplishing the 

actions specified in Boeing Service 

mstockstill on DSK4VPTVN1PROD with RULES