Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 42029 

Havilland Way, Sidney, British Columbia 

V8L 5V5, Canada; telephone +1–250–656– 

7227; fax +1–250–656–0673; email acstechnical.publications@vikingair.com; 

Internet http://www.vikingair.com. 

(6) You may view this service information 

at the FAA, Transport Standards Branch, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(7) 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/ibrlocations.html. 

Issued in Renton, Washington, on August 

16, 2017. 

Jeffrey E. Duven, 

Director, System Oversight Division, Aircraft 

Certification Service. 

[FR Doc. 2017–17838 Filed 9–5–17; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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+e 5, 

A–2700 Wiener Neustadt, Austria, 

telephone: +43 2622 26700; fax: +43 

2622 26780; email: office@diamondair.at; 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: 

mike.kiesov@faa.gov. 

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: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• 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 workhours 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 


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42030 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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-inservice (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 


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Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 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: 

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) 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=FAA2017-0638-0002. 

(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+e 5, A–2700 Wiener Neustadt, 

Austria, telephone: +43 2622 26700; fax: +43 

2622 26780; email: office@diamond-air.at; 

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/ibrlocations.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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 112 

[Docket No. FDA–2011–N–0921] 

Standards for the Growing, Harvesting, 

Packing, and Holding of Produce for 

Human Consumption: What You Need 

To Know About the Food and Drug 

Administration Regulation; Small 

Entity Compliance Guide; Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA, the Agency, or 

we) is announcing the availability of a 

guidance for industry entitled 

‘‘Standards for the Growing, Harvesting, 

Packing, and Holding of Produce for 

Human Consumption: What You Need 

to Know About the FDA Regulation: 

Small Entity Compliance Guide.’’ The 

small entity compliance guide (SECG) is 

intended to help small entities comply 

with the final rule entitled ‘‘Standards 

for the Growing, Harvesting, Packing, 

and Holding of Produce for Human 

Consumption.’’ 

DATES: The announcement of the 

guidance is published in the Federal 

Register on September 6, 2017. 

ADDRESSES: You may submit either 

electronic or written comments on 

Agency guidances at any time as 

follows: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff Office, FDA will post your 

comment, as well as any attachments, 

except for information submitted, 

marked and identified, as confidential, 

if submitted as detailed in 

‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2011–N–0921 for ‘‘What You Need to 

Know About the FDA Regulation: 

Standards for the Growing, Harvesting, 

Packing, and Holding of Produce for 

Human Consumption—Small Entity 

Compliance Guide.’’ Received 

comments will be placed in the docket 

and, except for those submitted as 

‘‘Confidential Submissions,’’ publicly 

viewable at https://www.regulations.gov 

or at the Dockets Management Staff 

Office between 9 a.m. and 4 p.m., 

Monday through Friday. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ The 

Agency will review this copy, including 

the claimed confidential information, in 

its consideration of comments. The 

second copy, which will have the 

claimed confidential information 

redacted/blacked out, will be available 

for public viewing and posted on 

https://www.regulations.gov. Submit 

both copies to the Dockets Management 

Staff. If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 


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