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: office@diamond-air.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 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 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.