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[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54800-54802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21653]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0633; Directorate Identifier 2012-CE-018-AD; 
Amendment 39-17170; AD 2012-17-07]
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 certain 
Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG 
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 excessive voids in the adhesive 
joint between the center wing spars and the

[[Page 54801]]

upper center wing skins. This condition could cause the wing to fail, 
which could result in loss of control of the airplane. We are issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective October 11, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 11, 
2012.

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 June 15, 2012 (77 FR 
35890). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During conversion of a DA 42 to a DA 42 NG, voids were detected 
in the adhesive joint between the centre wing spars and the upper 
centre wing skins, between the fuselage wall and the engine nacelle. 
The available information indicates that wings with voids continue 
to meet the certification design limits, provided the voids are 
within established criteria.
    However, to detect any wings that may have voids exceeding these 
criteria, Diamond has issued Mandatory Service Bulletin (MSB) 42-092 
and MSB 42NG-022 (single document) that describes instructions for 
inspection of the aeroplanes that had these wings installed during 
manufacture. Aeroplanes that have voids within the inspection 
criteria may continue to operate without restriction, pending the 
outcome of ongoing investigations. Aeroplanes that have voids 
exceeding the inspection criteria must be repaired.
    For reasons described above, the EASA AD required the inspection 
of the affected aeroplanes to measure the voids in the adhesive 
joint between the centre wing spars and the upper centre wing skins, 
the reporting of all findings to Diamond Aircraft Industries and the 
repair of any voids exceeding the criteria as specified in the MSB.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 35890, June 15, 
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 except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 35890, June 15, 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 35890, June 15, 2012).

Costs of Compliance

    We estimate that this AD will affect 172 products of U.S. registry. 
We also estimate that it will 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.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $29,240, or $170 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 10 work-hours, for a cost of $850 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 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 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, 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,

[[Page 54802]]

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:

2012-17-07 Diamond Aircraft Industries GmbH: Amendment 39-17170; 
Docket No. FAA-2012-0633; Directorate Identifier 2012-CE-018-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 11, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Diamond Aircraft Industries 
GmbH Models DA 42, DA 42 NG, and DA 42 M-NG airplanes: serial 
numbers 42.006 through 42.008, 42.010, 42.012 through 42.014, 42.016 
through 42.033, 42.035 through 42.043, 42.045, 42.046, 42.048 
through 42.051, 42.053, 42.055 through 42.059, 42.061 through 
42.081, 42.083 through 42.093, 42.096 through 42.097, 42.099 through 
42.120, 42.122 through 42.125, 42.127 through 42.148, 42.150 through 
42.170, 42.172 through 42.176, 42.178, 42.179, 42.181 through 
42.200, 42.202 through 42.224, 42.AC001 through 42.AC028, and 
42.AC030 through 42.AC052, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 57, Wings.

(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 excessive voids 
in the adhesive joint between the center wing spars and the upper 
center wing skins. We are issuing this AD to prevent wing failure, 
which could result in loss of control of the airplane.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within the next 100 hours time-in-service (TIS) after 
October 11, 2012 (the effective date of this AD) or within the next 
3 months after October 11, 2012 (the effective date of this AD), 
whichever occurs first, inspect the adhesive joint between the 
center wing spars and the upper center wing skin following Diamond 
Aircraft Industries GmbH Work Instruction WI-MSB-42-092, WI-MSB-
42NG-22, dated May 20, 2011, as specified in Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin No. MSB 42-092, MSB 42NG-
022, dated May 20, 2011.
    (2) Within 30 days after the inspection required in paragraph 
(f)(1) of this AD, using Appendix A of Diamond Aircraft Industries 
GmbH Work Instruction WI-MSB-42-092, WI-MSB-42NG-22, dated May 20, 
2011, report the results of the inspection to Diamond Aircraft 
Industries GmbH at the address in paragraph (i)(3) of this AD.
    (3) If, during the inspection required in paragraph (f)(1) of 
this AD, voids are detected that exceed the criteria specified in 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-092, WI-
MSB-42NG-22, dated May 20, 2011, before further flight, repair the 
airplane following Diamond Aircraft Industries GmbH Work Instruction 
WI-MSB-42-092, WI-MSB-42NG-22, dated May 20, 2011, as specified in 
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB 
42-092, MSB 42NG-022, dated May 20, 2011.
    (4) For the purpose of compliance with paragraph (f)(3) of this 
AD, a single positioning flight is allowed to a location where the 
repair can be done following the provisions specified in Section 
III.1 of Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-092, WI-MSB-42NG-22, dated May 20, 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. 
2011-0100, dated May 26, 2011; Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin No. MSB 42-092, MSB 42NG-022, dated May 
20, 2011; and Diamond Aircraft Industries GmbH Work Instruction WI-
MSB-42-092, WI-MSB-42NG-22, dated May 20, 2011, 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 
No. MSB 42-092, MSB 42NG-022, dated May 20, 2011.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-092, WI-MSB-42NG-22, dated May 20, 2011.
    (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 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/index.html.

    Issued in Kansas City, Missouri, on August 21, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-21653 Filed 9-5-12; 8:45 am]
BILLING CODE 4910-13-P
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