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[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Proposed Rules]
[Pages 65503-65506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26499]

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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]
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 
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 
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 proposed AD to require 
actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by December 13, 
2012.

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 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: office@diamond-air.at; Internet: http://www.diamond-air.at. You may review copies of the referenced service information at 
the FAA, Small Airplane

[[Page 65504]]

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; 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: 
mike.kiesov@faa.gov.

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-2012-1148; 
Directorate Identifier 2012-CE-039-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.: 2012-0174, dated September 4, 2012 (referred to after this as 
``the MCAI''), 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.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued the following service 
information:
     Mandatory Service Bulletin MSB 42-095, MSB 42NG-026, dated 
November 11, 2011;
     Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1, 
dated April 19, 2011;
     Page 202 through page 211 of CHAPTER 32 LANDING GEAR in 
Diamond Aircraft DA 42 Series AMM, Doc  7.02.01, Rev. 2, dated 
June 30, 2008;
     Page 201 through page 213 in Temporary Revision AMM-TR-
O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc  7.02.01, 
dated July 14, 2010; and
     Page 203 through page 214 of CHAPTER 32 LANDING GEAR in 
Diamond Aircraft DA 42 NG AMM, Doc  7.02.15, Rev. 1, dated 
October 15, 2009.
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the 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 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 proposed 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 proposed AD on 
U.S. operators to be $49,875, or $285 per product.
    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: 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

[[Page 65505]]

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2012-1148; 
Directorate Identifier 2012-CE-039-AD.

(a) Comments Due Date

    We must receive comments by December 13, 2012.

(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 main landing gear (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 the 
effective date of this AD or within the next 12 months after the 
effective date of this AD, whichever occurs first, modify the left 
hand (LH) and right hand (RH) MLG leg shock absorbers part number 
(P/N) D60-3277-10-00 (no P/N change necessary) following Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB 
42NG-026, dated November 11, 2011, or 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: Diamond Aircraft Industries GmbH 
Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1, dated 
April 19, 2011; page 202 through page 211 of CHAPTER 32 LANDING GEAR 
in Diamond Aircraft DA 42 Series AMM, Doc  7.02.01, Rev. 2, 
dated June 30, 2008; page 201 through page 213 in Temporary Revision 
AMM-TR-O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc  
7.02.01, dated July 14, 2010; and page 203 through page 214 of 
CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc 
 7.02.15, Rev. 1, dated October 15, 2009.
    (2) Modification of an airplane following Diamond Aircraft 
Industries GmbH Recommended Service Bulletin RSB 42-089/1, RSB 42NG-
017/1, dated April 19, 2011, following working instruction WI-MSB 
42-095, MSB 42NG-026, dated November 11, 2011, as referenced in 
Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-
095, MSB 42NG-026, dated November 11, 2011, is acceptable to comply 
with the requirement of paragraph (f)(1) of this AD.
    (3) After 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 Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB 42NG-026, 
dated November 11, 2011, or following Diamond Aircraft Industries 
GmbH Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1, 
dated April 19, 2011; and following working instruction WI-MSB 42-
095, MSB 42NG-026, dated November 11, 2011, as referenced in Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB 
42NG-026, dated November 11, 2011.

(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; Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin MSB 42-095, MSB 42NG-026, dated November 
11, 2011; Diamond Aircraft Industries GmbH Recommended Service 
Bulletin RSB 42-089/1, RSB 42NG-017/1, dated April 19, 2011; page 
202 through page 211 of CHAPTER 32 LANDING GEAR in Diamond Aircraft 
DA 42 Series AMM, Doc  7.02.01, Rev. 2, dated June 30, 
2008; page 201 through page 213 in Temporary Revision AMM-TR-
O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc  
7.02.01, dated July 14, 2010; and page 203 through page 214 of 
CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc 
 7.02.15, Rev. 1, dated October 15, 2009, for related 
information. 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: 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.

[[Page 65506]]

    Issued in Kansas City, Missouri, on October 22, 2012.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26499 Filed 10-26-12; 8:45 am]
BILLING CODE 4910-13-P
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