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[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Proposed Rules]
[Pages 40642-40644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16316]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0597; Directorate Identifier 2013-CE-016-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 NG, and DA 42 M-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 
insufficient clearance between the rod end safety washer and the nose 
landing gear attachment lever causes the rod end to bend at each gear 
retraction sequence. 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 August 22, 2013.

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-Str.5, A-2700 Wiener 
Neustadt, Austria; telephone: +43 2622 26700; fax: +43 2622 26780; 
email: office@diamond-air.at; Internet: http://www.diamondaircraft.com/contact/technical.php. 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.

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 MCAI, 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-2013-0597; 
Directorate Identifier 2013-CE-016-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.: 2013-0121, dated June 4, 2013 (referred to after this as ``the 
MCAI''), to correct an

[[Page 40643]]

unsafe condition for the specified products. The MCAI states:

An incident was reported where a Diamond DA 42 aeroplane experienced 
an un-commanded rudder input and yaw after landing gear retraction, 
followed by restricted rudder travel. This situation caused the 
pilot to misinterpret this as an engine power loss. The rudder 
restriction could be removed by extending the landing gear and an 
uneventful landing was made.
Subsequent investigation results showed that the rod end of the nose 
landing gear (NLG) actuator, Part Number (P/N) X11-0006/2, had 
broken, causing the actuator to block the nearby rudder steering 
linkage. This failure was likely a result of insufficient clearance 
between the rod end safety washer and the NLG attachment lever, 
causing the rod end to bend at each gear retraction sequence.
This condition, if not detected and corrected, could result in 
reduced control of the aeroplane.
Prompted by this event, Diamond Aircraft Industries (DAI) issued 
Mandatory Service Bulletin (MSB) 42-099/MSB 42NG-035, including Work 
Instruction (WI) WI-MSB-42-099/WI-MSB 42NG-035 (published as a 
single document), providing instructions to identify and modify the 
affected NLG actuators, which includes installation of a new rod end 
bearing and safety washer.
For the reasons described above, this AD requires an inspection to 
identify the affected NLG actuators, P/N X11-0006/2, and, if an 
affected unit is installed, modification of the actuator.
This AD also prohibits installation of any affected P/N X11-0006/2 
NLG actuators that may be held as spares, unless they are modified.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 42-099/1, MSB 42NG-035/1, dated May 3, 2013; and Work 
Instruction WI-MSB-42-099, WI-MSB 42NG-035, Revision 1, dated May 3, 
2013. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.
    EASA AD No.: 2013-0121 references MSB 42-099/MSB 42NG-035, dated 
April 22, 2013, as the applicable service information. DAI subsequently 
revised this mandatory service bulletin to MSB 42-099/1, MSB 42NG-035/
1, dated May 3, 2013, based on a change to the applicable P/N of the 
NLG actuator. This revision, MSB 42-099/1, MSB 42NG-035/1, dated May 3, 
2013, is referenced in this NPRM.

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 170 products of U.S. 
registry. We also estimate that it would take about .5 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $7,225, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 2.5 work-hours and require parts costing $235, for a cost of 
$447.50 per product. We have no way of determining the number of 
products that may need these actions.
    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 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

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:

Diamond Aircraft Industries GmbH: Docket No. FAA-2013-0597; 
Directorate Identifier 2013-CE-016-AD.

(a) Comments Due Date

    We must receive comments by August 22, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Models DA 
42, DA 42 NG, and DA 42 M-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 insufficient 
clearance between the rod end safety washer and the nose landing 
gear (NLG) attachment

[[Page 40644]]

lever causes the rod end to bend at each gear retraction sequence. 
We are issuing this AD to detect and correct insufficient clearance 
between the rod end safety washer and the nose landing gear (NLG) 
attachment lever, which may cause the NLG actuator to break and 
possibly restrict rudder control, resulting in loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions as specified in 
paragraphs (f)(1) and (f)(2) of this AD:
    (1) Within 100 hours time-in-service after the effective date of 
this AD or 6 calendar months after the effective date of this AD, 
whichever occurs first, inspect the NLG actuator to identify the 
part number (P/N) and serial number (S/N). If a NLG actuator P/N 
X11-0006/2 is installed with a S/N between 0001 and 0155 
(inclusive), modify the actuator by replacing the NLG rod end 
bearing and safety washer with new parts. Follow the INSTRUCTIONS 
section of Work Instruction WI-MSB-42-099, WI-MSB 42NG-035, Revision 
1, dated May 3, 2013, as specified in the Accomplishments/
Instructions paragraph of Mandatory Service Bulletin MSB 42-099/1, 
MSB 42NG-035/1, dated May 3, 2013.
    (2) As of the effective date of this AD, do not install on any 
airplane a NLG actuator P/N X11-0006/2 with a S/N between 0001 and 
0155 (inclusive), unless the actuator has been modified following 
the INSTRUCTIONS section of Work Instruction WI-MSB-42-099, WI-MSB 
42NG-035, Revision 1, dated May 3, 2013, as specified in the 
Accomplishments/Instructions paragraph of Mandatory Service Bulletin 
MSB 42-099/1, MSB 42NG-035/1, dated May 3, 2013.

(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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2013-0121, dated June 4, 2013, for related information, which can be 
found in the AD docket on the Internet at http://www.regulations.gov. For service information related to this AD, 
contact Diamond Aircraft Industries GmbH, N.A. Otto-Str.5, A-2700 
Wiener Neustadt, Austria; telephone: +43 2622 26700; fax: +43 2622 
26780; email: office@diamond-air.at; Internet: http://www.diamondaircraft.com/contact/technical.php. 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.

    Issued in Kansas City, Missouri on June 28, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-16316 Filed 7-5-13; 8:45 am]
BILLING CODE 4910-13-P
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