[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42029-42031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0638; Product Identifier 2017-CE-018-AD; Amendment 
39-19019; AD 2017-18-10]
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 M-NG, and DA 42 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 crack formation on the flap bell 
crank, which could cause the flap bell crank to fail. We are issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective October 11, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 11, 
2017.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0638; 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: <a href="/cdn-cgi/l/email-protection#553a33333c363015313c34383a3b3178343c277b3421"><span class="__cf_email__" data-cfemail="523d34343b313712363b333f3d3c367f333b207c3326">[email protected]</span></a>; Internet: http://www.diamondaircraft.com. 
You may view this referenced service information at the FAA, Policy and 
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call (816) 
329-4148. It is also available on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2017-0638.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#caa7a3a1afe4a1a3afb9a5bc8aacababe4ada5bc"><span class="__cf_email__" data-cfemail="65080c0e004b0e0c00160a13250304044b020a13">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Diamond Aircraft 
Industries GmbH Models DA 42, DA 42 M-NG, and DA 42 NG airplanes. The 
NPRM was published in the Federal Register on June 23, 2017 (82 FR 
28594). The NPRM proposed to correct an unsafe condition for the 
specified products and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country. The MCAI states:

    Cracks and deformation have been found on the flap bell crank 
Part Number (P/N) D60-2757-11-00. Frequent high load conditions have 
been identified as the root cause.
    This condition, if not detected and corrected, could lead to 
failure of the flap bell crank and consequent reduced control of the 
aeroplane.
    To address this potential unsafe condition, Diamond Aircraft 
Industries (DAI) issued Mandatory Service Bulletin (MSB) 42-126/MSB 
42NG-066 and the corresponding Work Instruction (WI) MSB 42-126/WI-
MSB 42NG-066 (single document), hereafter referred to as `the 
applicable MSB' in this [EASA] AD, providing inspection and 
modification instructions.
    For the reason described above, this [EASA] AD requires 
modification of the flap control system by installing two spacers to 
replace a single long spacer, repetitive inspections of the flap 
bell crank, and, depending on findings, replacement of the flap bell 
crank with an improved part. Installation of an improved flap bell 
crank constitutes terminating action for the repetitive inspections 
required by this [EASA] AD.

    The MCAI can be found in the AD docket on the Internet at https://www.regulations.gov/document?D=FAA-2017-0638-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM 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 this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin MSB 42-126 MSB/42NG-066, dated March 27, 2017 (single 
document), and Work Instruction WI-MSB 42-126/WI-MSB 42NG-066, dated 
March 27, 2017 (single document). In combination, this service 
information describes procedures for repetitively inspecting the flap 
bell crank for cracks, replacing the flap bell crank if cracks are 
found, and modification of the flap control system. 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 the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD will affect 190 products of U.S. registry. 
We also estimate that it will take about 4 work-hours per product to 
comply with the initial inspection requirement of this AD. The average 
labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the initial 
inspection requirement of this AD on U.S. operators to be $64,000, or 
$340 per product.
    We also estimate that it will take about 2 work-hours per product 
to

[[Page 42030]]

comply with the repetitive inspection requirement of this AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the repetitive 
inspection requirement of this AD on U.S. operators to be $32,300, or 
$170 per product.
    In addition, we estimate that any necessary replacement action will 
take about 1 work-hour and require parts costing $430, for a cost of 
$515 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes and domestic 
business jet transport airplanes to the Director of the Policy and 
Innovation Division.

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 by searching for and locating Docket No. FAA-2017-
0638; 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, 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:

2017-18-10 Diamond Aircraft Industries GmbH: Amendment 39-19019; 
Docket No. FAA-2017-0638; Product Identifier 2017-CE-018-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 11, 
2017.

(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, serial numbers 42.004 
through 42.427, 42.AC001 through 42.AC151, 42.M001 through 42.M026, 
42.N001 through 42.N067, 42.N100 through 42.N129, 42.NC001 through 
42.NC008, and 42.MN001 through 42.MN033, certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(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 crack formation 
on the flap bell crank. We are issuing this AD to prevent failure of 
the flap bell crank, which could result in reduced control.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Inspect the flap bell crank, part number (P/N) D60-2757-11-
00, and modify the flap control system by installing two spacers, P/
N DS BU2-10-06-0065-C, where the flap actuator rod end bearing is 
connected to the flap bell crank, following the Instructions section 
in Diamond Aircraft Industries GmbH (DAI) Work Instruction WI-MSB 
42-126/WI-MSB 42NG-066, dated March 27, 2017 (single document), as 
specified in DAI Mandatory Service Bulletin MSB 42-126/MSB 42NG-066, 
dated March 27, 2017 (single document), at whichever of the 
following compliance times occurs later:
    (i) Before exceeding 600 hours time-in-service (TIS), and 
repetitively thereafter at intervals not to exceed 200 hours TIS.
    (ii) Within the next 100 hours TIS after October 11, 2017 (the 
effective date of this AD) or within the next 6 months after October 
11, 2017 (the effective date of this AD), whichever occurs first, 
and repetitively thereafter at intervals not to exceed 200 hours 
TIS.
    (2) If any discrepancies are found during any inspection 
required in paragraph (f)(1) of this AD, before further flight, 
replace the flap bell crank with an improved part, P/N D60-2757-11-
00_01, following the Instructions section in DAI Work Instruction 
WI-MSB 42-126/WI-MSB 42NG-066, dated March 27, 2017 (single 
document), as specified in DAI Mandatory Service Bulletin MSB 42-
126/MSB 42NG-066, dated March 27, 2017 (single document). Installing 
P/N D60-2757-11-00_01 terminates the repetitive inspections required 
in paragraph (f)(1) of this AD. This installation as terminating 
action may be done in lieu of the inspections required in paragraph 
(f)(1) of this AD.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Small Airplane

[[Page 42031]]

Standards Branch, 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, Small Airplane 
Standards Branch, FAA 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#1b7672707e3570727e68746d5b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="274a4e4c42094c4e425448516741464609404851">[email protected]</span></a>. 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, Small Airplane 
Standards Branch, FAA; or the European Aviation Safety Agency 
(EASA); or if there is a delegated foreign airworthiness authority 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2017-0074, dated April 28, 2017. You may examine the MCAI on the 
Internet at https://www.regulations.gov/document?D=FAA-2017-0638-0002.

(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 this AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 42-126/MSB 42NG-066, dated March 27, 2017 (single document).
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42-126/WI-MSB 42NG-066, dated March 27, 2017 (single document).
    (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: 
<a href="/cdn-cgi/l/email-protection#4d222b2b242e280d29242c20222329602c243f632c39"><span class="__cf_email__" data-cfemail="a1cec7c7c8c2c4e1c5c8c0cccecfc58cc0c8d38fc0d5">[email protected]</span></a>; Internet: http://www.diamondaircraft.com.
    (4) You may view this service information at the FAA, Policy and 
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148. In addition, you can access this service information 
on the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-0638.
    (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/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 28, 2017.
Melvin Johnson,
Deputy Director, Policy and Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2017-18624 Filed 9-5-17; 8:45 am]
 BILLING CODE 4910-13-P


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