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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0638; Directorate Identifier 2017-CE-018-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD)
for
certain Diamond Aircraft Industries GmbH Models DA 42, DA 42 M-NG, and
DA 42 NG airplanes. This proposed AD results from 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, which could cause the flap bell crank
to fail. We are issuing this proposed AD to require actions to address
the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by August 7,
2017.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations,
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Strase 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 review 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.
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include "Docket No. FAA-2017-0638;
Directorate Identifier 2017-CE-018-AD" at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2017-0074, dated April 28, 2017 (referred to after this as "the
MCAI"), to correct an unsafe condition for the specified products. 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.
You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2017-0638.
Related Service Information Under 1 CFR Part 51
Diamond Aircraft Industries GmbH has issued 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 NPRM.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Costs of Compliance
We estimate that this proposed AD will affect 190 products of U.S.
registry. We also estimate that it would take about 4 work-hours per
product to comply with the initial inspection requirement of this
proposed 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 proposed AD on U.S. operators to be
$64,000, or $340 per product.
We also estimate that it would take about 2 work-hours per product
to comply with the repetitive inspection requirement of this proposed
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 proposed AD on U.S. operators to be
$32,300, or $170 per product.
In addition, we estimate that any necessary replacement action
would 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 proposed
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
(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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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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