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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9317; Directorate Identifier 2016-CE-029-AD;
Amendment 39-18779; AD 2017-01-12]
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 Model DA 42 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 an uncommanded engine shutdown during flight due to
failure of the propeller regulating valve caused by hot exhaust gases
escaping from fractured engine exhaust pipes. We are issuing this AD to
require actions to address the unsafe condition on these products.
DATES: This AD is effective February 22, 2017.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 22,
2017.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov by searching for and locating Docket No.FAA-2016-
9317; 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.diamondaircraft.com.
You may view this 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. It is also available on the Internet at http://www.regulations.gov
by searching for Docket No. FAA-2016-9317.
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 by adding an AD that would apply to certain Diamond Aircraft
Industries GmbH Model DA 42 airplanes. The NPRM was published in the
Federal Register on October 25, 2016 (81 FR 73360). 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 European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community, has issued AD No. 2016-0156R1, dated November
23, 2016 (referred to after this as ``the MCAI''). The revised MCAI states:
Two cases were reported of uncommanded engine in-flight shutdown
(IFSD) on DA 42 aeroplanes. Subsequent investigations identified
these occurrences were due to failure of the propeller regulating
valve, caused by hot exhaust gases coming from fractured engine
exhaust pipes. The initiating cracks on the exhaust pipes were not
detected during previous inspections, since those exhaust pipes are
equipped with non-removable heat shields that do not allow
inspection for certain sections of the exhaust pipe.
This condition, if not corrected, could lead to further cases of
IFSD or overheat damage, possibly resulting in a forced landing,
with consequent damage to the aeroplane and injury to occupants.
To address this potential unsafe condition, Diamond Aircraft
Industries (DAI) developed an exhaust pipe without a directly
attached integral heat shield that allows visual inspection over the
entire exhaust pipe length. DAI issued Mandatory Service Bulletin
(MSB) 42-120 and relevant Working Instruction (WI) WI-MSB 42-120,
providing instructions to install the modified exhaust pipes. As an
interim measure, an additional bracket was designed to hold the
exhaust pipe in place in case of a pipe fracture.
Consequently, EASA issued AD 2016-0156, requiring replacement of
the exhaust pipes with pipes having new design, and prohibiting
(re)installation of the previous design pipes.
Since that AD was issued, cracks were identified on modified
exhaust pipes during an inspection. Furthermore, it was determined
that the additional brackets provide a level of safety equivalent to
the modified exhaust pipes. Consequently, DAI revised MSB 42-120,
allowing installation of the additional brackets as alternative to
the installation of the modified exhaust pipes.
For the reasons described above, this AD is revised to reduce
the Applicability, excluding certain post-mod aeroplanes, to allow
only installation of the additional brackets as final solution and
to remove the prohibition of reinstallation of unmodified exhaust
pipes.
The MCAI can be found in the AD docket on the Internet at https://www.regulations.gov/document?D=FAA-2016-9317-0002.
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 the
changes discussed above. We have determined that these 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 42-120, dated June 24, 2016, Mandatory Service Bulletin
MSB 42-120/1, dated November 10, 2016, and Work Instruction WI-MSB 42-
120, dated June 24, 2016. In combination, this service information
describes procedures for replacing the exhaust pipes with exhaust pipes
having a new design. 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 130 products of U.S. registry.
We also estimate that it will take the following to comply with the
requirements of this AD:
It will take about 1 work-hour per product to comply with the
installation of additional exhaust clamps required by this AD. The
average labor rate is $85 per work-hour. Required parts will cost about
$125 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators for the installation of additional exhaust clamps to be
$27,300, or $210 per product.
It will take about 4 work-hours per product to comply with the
exhaust pipe replacement required by this AD. The average labor rate is
$85 per work-hour. Required parts will cost about $1,990 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators for the exhaust pipe replacement requirement to be $302,900,
or $2,330 per product.
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
by searching for and locating Docket No. FAA-2016-
9317; 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
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