[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7708-7710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02716]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD; Amendment 
39-21918; AD 2022-03-01]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Diamond Aircraft Industries GmbH (DAI) Model DA 42, DA 42 M-NG, 
and DA 42 NG airplanes. This AD was prompted by mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as dissolved 
or detached fuel tank hose material entering the main fuel tank 
chambers, which could result in restricted fuel flow with consequent 
fuel starvation. This AD requires removing the fuel tank connection 
hoses from service and inspecting the fuel tank connection hoses for 
damage and detached rubber material. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective March 17, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 17, 
2022.

ADDRESSES: For service information identified in this final rule, 
contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-
2700 Wiener Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 
26780; email: <a href="/cdn-cgi/l/email-protection#e08f8686898385a08489818d8f8e84cd818992ce8194"><span class="__cf_email__" data-cfemail="6f000909060c0a2f0b060e0200010b420e061d410e1b">[email protected]</span></a>; website: https://www.diamondaircraft.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability of 
this material at the FAA, call (817) 222-5110. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0952.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0952; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
MCAI, any comments received, and other information. The address for 
Docket Operations is 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: Penelope Trease, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249; phone: 
(303) 342-1094; fax: (303) 342-1088; email: <a href="/cdn-cgi/l/email-protection#88f8ede6ede4e7f8eda6fcfaede9fbedc8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="5121343f343d3e21347f252334302234113730307f363e27">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to DAI Model DA 42, DA 42 
M-NG, and DA 42 NG airplanes with a certain fuel tank connection hose 
installed. The NPRM published in the Federal Register on November 3, 
2021 (86 FR 60600). The NPRM was prompted by MCAI originated by the 
European Union Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union. EASA issued EASA AD 
2019-0218, dated September 3, 2019 (referred to after this as ``the 
MCAI''), to address an unsafe condition on certain DAI Model DA 42, DA 
42M, DA 42 M-NG, and DA 42 NG airplanes. The MCAI states:

    Reports were received of dissolved fuel tank connections hoses. 
Rubber parts were found within the fuel tank. The investigation 
results showed that the affected parts are limited to 2 isolated 
batches, some of which were installed on the production line. Other 
affected parts have been supplied as spare for in-service 
replacement.
    This condition, if not corrected, could lead to restricted fuel 
flow from the tank, possibly resulting in fuel starvation and 
consequent reduced control of the aeroplane.
    To address this potential unsafe condition, DAI issued the 
applicable MSB [Mandatory Service Bulletin], providing instructions 
to identify and replace the affected parts. The applicable MSB 
identifies the MSN [manufacturer serial numbers] of the aeroplanes 
on which affected parts were installed during aeroplane production. 
The applicable MSB also indicates that any other aeroplane may be 
affected, if an affected part supplied as spare was installed.
    For the reason described above, this [EASA] AD requires removal 
and replacement of the affected parts, and, if a removed affected 
part is found damaged, inspection of the fuel tank chambers and 
removal of any detached rubber material. This [EASA] AD also 
prohibits (re)installation of any affected parts.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0952.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. This AD is adopted as proposed in the 
NPRM, except for an editorial correction to the Applicability section. 
Paragraph (c)(1) states the AD applies to the airplanes in paragraph 
(c)(1) ``or'' paragraph (c)(2) when it should state the AD applies to 
airplanes identified in both paragraphs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Diamond Aircraft Mandatory Service Bulletin MSB 
42-138/MSB 42NG-080, dated July 1, 2019 (issued as one document) 
published with Diamond Aircraft Work Instruction WI MSB 42-138/WI-MSB 
42NG-080, Revision 0, dated July 1, 2019 (issued as one document) 
attached. This service information identifies the list of affected fuel 
tank connection hoses and also contains procedures for replacing the

[[Page 7709]]

fuel tank connection hose and inspecting the main fuel tank chambers. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Differences Between This AD and the MCAI or Service Information

    The MCAI applies to the Model DA 42 M airplane and this AD does not 
because it does not have an FAA type certificate.
    The service information specifies reporting information to DAI, and 
this AD does not require reporting.

Costs of Compliance

    The FAA estimates that this AD affects 192 airplanes of U.S. 
registry. The FAA estimates that it would take about 30 work-hours to 
do the actions of this AD and require a part costing $188. The average 
labor rate is $85 per work-hour. Based on these figures, the FAA 
estimates the cost to do the actions of this AD on U.S. operators to be 
$525,696 or $2,738 per airplane.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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.
    The FAA is 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

    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 that 
this AD. For the reasons discussed above, I certify this AD.
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 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 airworthiness 
directive:

2022-03-01 Diamond Aircraft Industries GmbH: Amendment 39-21918; 
Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD.

(a) Effective Date

    This AD is effective March 17, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to:
    (1) Diamond Aircraft Industries GmbH (DAI) Model DA 42 NG 
airplanes, serial numbers (S/N) 42.N303 through 42.N314, 42.N319, 
and 42.N320, certificated in any category, with a fuel tank 
connection hose part number (P/N) D4D-2817-10-70 installed; and
    (2) DAI Models DA 42, DA 42 NG, and DA 42 M-NG airplanes, all 
serial numbers, certificated in any category, with a fuel tank 
connection hose P/N D4D-2817-10-70 identified in the Technical 
Details, section I.11, of Diamond Aircraft Mandatory Service 
Bulletin MSB 42-138/MSB 42NG-080, dated July 1, 2019 (issued as one 
document) (Diamond MSB 42-138/42NG-080), installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2810, Fuel Storage.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as dissolved or 
detached fuel tank hose material entering the main fuel tank 
chambers. The FAA is issuing this AD to prevent restricted fuel 
flow, which could result in fuel starvation. The unsafe condition, 
if not addressed, could result in fuel starvation and reduced 
control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Within 100 hours time-in-service (TIS) after the effective 
date of this AD or within 4 months after the effective date of this 
AD, whichever occurs first, replace the main fuel tank connection 
hoses in accordance with the Instructions, sections III.1 and III.2, 
in DAI Work Instruction WI-MSB 42-138/WI-MSB 42NG-080, Revision 0, 
dated July 1, 2019, (issued as one document) attached to Diamond MSB 
42-138/42NG-080. Instead of P/N D4D-2817-10-70_01, you may also 
replace a fuel tank connection hose with P/N D4D-2817-10-70 that is 
not identified in paragraph (c) of this AD.
    (2) As of the effective date of this AD, do not install a fuel 
tank connection hose P/N D4D-2817-10-70 identified in paragraph (c) 
of this AD on any airplane.

(h) No Reporting Requirement

    This AD does not require you to report information as specified 
in the Instructions, step III.1.12, in DAI Work Instruction WI-MSB 
42-138/WI-MSB 42NG-080, Revision 0, dated July 1, 2019, (issued as 
one document) attached to Diamond MSB 42-138/42NG-080.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in paragraph (j)(1) of this AD 
and email to: <a href="/cdn-cgi/l/email-protection#340d1975626719757d66190307041975797b77745255551a535b42"><span class="__cf_email__" data-cfemail="9aa3b7dbccc9b7dbd3c8b7ada9aab7dbd7d5d9dafcfbfbb4fdf5ec">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact Penelope Trease, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 26805 E. 68th Avenue, Denver, 
CO 80249; phone: (303) 342-1094; fax: (303) 342-1088; email: 
<a href="/cdn-cgi/l/email-protection#e6968388838a899683c8929483879583a6808787c8818990"><span class="__cf_email__" data-cfemail="5222373c373e3d22377c262037332137123433337c353d24">[email protected]</span></a>.

[[Page 7710]]

    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2019-0218, dated September 3, 2019, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0952.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 Mandatory Service Bulletin MSB 42-138/MSB 
42NG-080, dated July 1, 2019 (issued as one document) published with 
Diamond Aircraft Work Instruction WI MSB 42-138/WI-MSB 42NG-080, 
Revision 0, dated July 1, 2019 (issued as one document) attached.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 
Wiener Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 
26780; email: <a href="/cdn-cgi/l/email-protection#3a555c5c53595f7a5e535b5755545e175b5348145b4e"><span class="__cf_email__" data-cfemail="8de2ebebe4eee8cde9e4ece0e2e3e9a0ece4ffa3ecf9">[email protected]</span></a>; website: https://www.diamondaircraft.com.
    (4) You may view this service information at FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (817) 222-5110.
    (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, email: <a href="/cdn-cgi/l/email-protection#aaccd884c3c4d9dacfc9dec3c5c4eac4cbd8cb84cdc5dc"><span class="__cf_email__" data-cfemail="0a6c78246364797a6f697e6365644a646b786b246d657c">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 18, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02716 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P


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