Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 65503-65506 [2012-26499]

Download as PDF Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules rmajette on DSK2TPTVN1PROD with the wiring, and do all associated actions, per the Accomplishment Instructions of Boeing Service Bulletin A3500, Revision 1, dated April 26, 2001. The associated actions include performing a general visual inspection of the area around each fuel boost pump and override pump for evidence of a fuel leak; finding the source of any fuel leak and repairing the affected area; replacing the conduit, if required; and performing a detailed visual inspection of the wiring installed in the conduit for evidence of electrical arcing or a fuel leak, or exposed copper wire. If replacement of the conduit is deferred per the Accomplishment Instructions of Boeing Service Bulletin A3500, Revision 1, dated April 26, 2001, repeat the inspection for fuel leaks every 500 flight hours until the conduit is replaced, and replace the conduit within 6,000 flight hours or 18 months, whichever occurs first. (1) For the purposes of this AD, a general visual inspection is defined as: ‘‘A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or drop-light, and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.’’ (2) For the purposes of this AD, a detailed visual inspection is defined as: ‘‘An intensive visual examination of a specific structural area, system, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at intensity deemed appropriate by the inspector. Inspection aids such as mirror, magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures may be required.’’ (h) Retained Repetitive Inspections This paragraph restates the requirements of paragraph (b) of AD 2001–17–20, Amendment 39–12411 (66 FR 44954, August 27, 2001), with a new compliance time. After replacement of the wiring per paragraph (g) of this AD, repeat the detailed visual inspection of the wiring for the fuel boost pumps and override pumps for damage, such as evidence of electrical arcing or exposed copper wire, or evidence of a fuel leak. After the effective date of this AD, repeat the inspection one time at the earlier of the times specified in paragraphs (h)(1) and (h)(2) of this AD, per the Accomplishment Instructions of Boeing Service Bulletin A3500, Revision 1, dated April 26, 2001. If any electrical arcing or exposed copper wire or evidence of a fuel leak is detected during any inspection per this paragraph, before further flight, do the applicable corrective actions (including finding the source of any fuel leak and repairing the affected area, replacing the wiring, replacing the conduit, or installing new Teflon sleeving; as applicable) according to the Accomplishment Instructions of Boeing Service Bulletin A3500, Revision 1, dated April 26, 2001. Repeat the inspection thereafter at intervals not to exceed 15,000 flight hours. VerDate Mar<15>2010 13:05 Oct 26, 2012 Jkt 229001 (1) Within 30,000 flight hours after the most recent inspection. (2) At the later of the compliance times specified in paragraphs (h)(2)(i) and (h)(2)(ii) of this AD. (i) Within 15,000 flight hours after the most recent inspection. (ii) Within 3 years after the effective date of this AD. (i) Credit for Previous Actions This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before October 1, 2001 (the effective date of AD 2001–17–20, Amendment 39–12411 (66 FR 44954, August 27, 2001)), using Boeing Alert Service Bulletin A3500, dated July 27, 2000, which is not incorporated by reference in this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) AMOCs approved previously in accordance with AD 2001–17–20, Amendment 39–12411 (66 FR 44954, August 27, 2001), are approved as AMOCs for this AD, except for AMOCS that change the inspection frequency. (k) Related Information (1) For more information about this AD, contact Rebel Nichols, Aerospace Engineer, Propulsion Branch, ANM–140S, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057– 3356; phone 425–917–6509; fax 425–917– 6590; email: Rebel.Nichols@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on October 22, 2012. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–26480 Filed 10–26–12; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 65503 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–1148; Directorate Identifier 2012–CE–039–AD] RIN 2120–AA64 Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for 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 overextension of the main landing gear (MLG) shock absorber that could lead to the MLG jamming in the gear bay and result in damage to the aircraft or occupant injury. 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 December 13, 2012. SUMMARY: 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. OttoStra+e 5, A–2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; email: office@diamond-air.at; Internet: http:// www.diamond-air.at. You may review copies of the referenced service information at the FAA, Small Airplane ADDRESSES: E:\FR\FM\29OCP1.SGM 29OCP1 65504 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules 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; 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–2012–1148; Directorate Identifier 2012–CE–039–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 rmajette on DSK2TPTVN1PROD with The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2012– 0174, dated September 4, 2012 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: An incident was reported where a Diamond DA 42 experienced main landing gear (MLG) extension problems during approach, with the left hand (LH) MLG not down. An uneventful landing was made with minor damage to the aeroplane and no injuries to occupants. VerDate Mar<15>2010 13:05 Oct 26, 2012 Jkt 229001 Subsequent investigation results showed that the affected MLG leg shock absorber, P/ N D60–3277–10–00, had overextended, resulting in the MLG being jammed in the gear bay. The overextension had been caused by a retaining nut in the MLG shock absorber which had loosened itself during operation. This condition, if not corrected, could inhibit proper extension of the MLG, possibly resulting in damage to the aeroplane and injury to occupants. Prompted by the reported event, Diamond Aircraft Industries (DAI) published Recommended Service Bulletin (RSB) 42– 089/RSB 42NG–017 which includes Working Instruction (WI) WI–RSB–089/WI–RSB 42NG–017 (published as a single document) to recommend operators to modify the affected dampers to P/N D60–3277–10–00_01 standard, which incorporates installation of a new retaining nut and a new seal system for the MLG damper that is more durable and can withstand a greater temperature range. Since that RSB was issued, further analysis has shown that the risk of a MLG failing to extend is greater than was initially determined. Consequently, DAI issued Mandatory Service Bulletin MSB 42–095/ MSB 42NG–026 to alert aeroplane owners and operators accordingly. The new MSB contains the same instructions as the earlier RSB, but is no longer ‘at owner’s discretion’. For the reasons described above, this AD requires modification of the affected MLG leg shock absorber, P/N D60–3277–10–00. This AD also prohibits installation of unmodified P/N D60–3277–10–00 MLG leg shock absorbers. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Diamond Aircraft Industries GmbH has issued the following service information: • Mandatory Service Bulletin MSB 42–095, MSB 42NG–026, dated November 11, 2011; • Recommended Service Bulletin RSB 42–089/1, RSB 42NG–017/1, dated April 19, 2011; • Page 202 through page 211 of CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 Series AMM, Doc # 7.02.01, Rev. 2, dated June 30, 2008; • Page 201 through page 213 in ¨ Temporary Revision AMM–TR–OAM 42–195 of Diamond Aircraft DA 42 AMM, Doc # 7.02.01, dated July 14, 2010; and • Page 203 through page 214 of CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc # 7.02.15, Rev. 1, dated October 15, 2009. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 FAA’s Determination and Requirements of the 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 175 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $115 per product. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $49,875, or $285 per product. 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 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: Diamond Aircraft Industries GmbH: Docket No. FAA–2012–1148; Directorate Identifier 2012–CE–039–AD. (a) Comments Due Date We must receive comments by December 13, 2012. (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, all serial numbers, certificated in any category. rmajette on DSK2TPTVN1PROD with (d) Subject Air Transport Association of America (ATA) Code 32: Landing Gear. (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 VerDate Mar<15>2010 13:05 Oct 26, 2012 Jkt 229001 overextension of the main landing gear (MLG) shock absorber. We are issuing this AD to prevent the MLG jamming in the gear bay, which could result in damage to the aircraft or occupant injury. (f) Actions and Compliance Unless already done, do the following actions: (1) Within the next 200 hours time-inservice (TIS) after the effective date of this AD or within the next 12 months after the effective date of this AD, whichever occurs first, modify the left hand (LH) and right hand (RH) MLG leg shock absorbers part number (P/N) D60–3277–10–00 (no P/N change necessary) following Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB 42–095, MSB 42NG–026, dated November 11, 2011, or replace each MLG leg shock absorber P/N D60–3277–10–00 with a modified unit P/N D60–3277–10–00–01, following, as applicable: Diamond Aircraft Industries GmbH Recommended Service Bulletin RSB 42–089/1, RSB 42NG–017/1, dated April 19, 2011; page 202 through page 211 of CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 Series AMM, Doc # 7.02.01, Rev. 2, dated June 30, 2008; page 201 through page 213 in Temporary Revision ¨ AMM–TR–OAM 42–195 of Diamond Aircraft DA 42 AMM, Doc # 7.02.01, dated July 14, 2010; and page 203 through page 214 of CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc # 7.02.15, Rev. 1, dated October 15, 2009. (2) Modification of an airplane following Diamond Aircraft Industries GmbH Recommended Service Bulletin RSB 42–089/ 1, RSB 42NG–017/1, dated April 19, 2011, following working instruction WI–MSB 42– 095, MSB 42NG–026, dated November 11, 2011, as referenced in Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB 42–095, MSB 42NG–026, dated November 11, 2011, is acceptable to comply with the requirement of paragraph (f)(1) of this AD. (3) After the effective date of this AD, do not install an MLG leg shock absorber P/N D60–3277–10–00 on the airplane, unless the shock absorber has been modified following Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB 42–095, MSB 42NG–026, dated November 11, 2011, or following Diamond Aircraft Industries GmbH Recommended Service Bulletin RSB 42–089/1, RSB 42NG–017/1, dated April 19, 2011; and following working instruction WI– MSB 42–095, MSB 42NG–026, dated November 11, 2011, as referenced in Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB 42–095, MSB 42NG–026, dated November 11, 2011. (g) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, 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, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 65505 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) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, a federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. (h) Related Information Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2012–0174, dated September 4, 2012; Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB 42–095, MSB 42NG–026, dated November 11, 2011; Diamond Aircraft Industries GmbH Recommended Service Bulletin RSB 42–089/1, RSB 42NG–017/1, dated April 19, 2011; page 202 through page 211 of CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 Series AMM, Doc # 7.02.01, Rev. 2, dated June 30, 2008; page 201 through page 213 in Temporary Revision ¨ AMM–TR–OAM 42–195 of Diamond Aircraft DA 42 AMM, Doc # 7.02.01, dated July 14, 2010; and page 203 through page 214 of CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc # 7.02.15, Rev. 1, dated October 15, 2009, for related information. For service information related to 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.diamond-air.at. You may review copies of the 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. E:\FR\FM\29OCP1.SGM 29OCP1 65506 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules Issued in Kansas City, Missouri, on October 22, 2012. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–26499 Filed 10–26–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–1109; Directorate Identifier 2011–NM–172–AD] Examining the AD Docket RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 757–200 and –200PF series airplanes. The existing AD currently requires modification of the nacelle strut and wing structure, and repair of any damage found during the modification. Since we issued that AD, a compliance time error involving the optional threshold formula was discovered, which could allow an airplane to exceed the acceptable compliance time for addressing the unsafe condition. This proposed AD would specify a maximum compliance time limit that overrides the optional threshold formula results. We are proposing this AD to prevent fatigue cracking in primary strut structure and consequent reduced structural integrity of the strut. DATES: We must receive comments on this proposed AD by December 13, 2012. SUMMARY: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. rmajette on DSK2TPTVN1PROD with ADDRESSES: VerDate Mar<15>2010 13:05 Oct 26, 2012 Jkt 229001 For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; phone: 206–544–5000, extension 1; fax: 206–766–5680; Internet: https:// www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. You may examine the AD docket on the Internet at http:// www.regulations.gov; 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 (phone: 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM–120S, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6440; fax: 425–917–6590; email: Nancy.Marsh@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–2012–1109; Directorate Identifier 2011–NM–172–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:// www.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 On August 29, 2003, we issued AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003), for PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 certain Model 757 series airplanes powered by Pratt & Whitney engines. That AD requires modification of the nacelle strut and wing structure, and repair of any damage found during the modification. That AD resulted from reports indicating that the actual operational loads applied to the nacelle are higher than the analytical loads that were used during the initial design. Subsequent analysis and service history, which included numerous reports of fatigue cracking on certain strut and wing structure, indicated that fatigue cracking can occur on the primary strut structure before an airplane reaches its design service objective. We issued that AD to prevent fatigue cracking in primary strut structure and consequent reduced structural integrity of the strut. Actions Since Existing AD (68 FR 53496, September 11, 2003) Was Issued Since we issued AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003), an error in the optional threshold formula of the compliance time was discovered. If the optional threshold formula is used, it could result in an unacceptable compliance time for addressing the unsafe condition. Relevant Service Information AD 2003–18–05, Amendment 39– 13296 (68 FR 53496, September 11, 2003), refers to Boeing Service Bulletin 757–54–0034, dated May 14, 1998; or Revision 1, dated October 11, 2001; as the appropriate source of service information for modifying the nacelle strut and wing structure. Boeing has since revised this service bulletin. We reviewed Boeing Service Bulletin 757– 54–0034, Revision 2, dated May 7, 2009. This service bulletin specifies a compliance time that limits the results from the optional threshold compliance time formula to within eight years from the issuance date of this service bulletin. FAA’s Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would retain all requirements of AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003). This proposed AD would reduce certain compliance times. The optional threshold formula method is limited to within eight years after the effective date of the AD. This proposed E:\FR\FM\29OCP1.SGM 29OCP1

Agencies

[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Proposed Rules]
[Pages 65503-65506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26499]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1148; Directorate Identifier 2012-CE-039-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).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
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 
overextension of the main landing gear (MLG) shock absorber that could 
lead to the MLG jamming in the gear bay and result in damage to the 
aircraft or occupant injury. 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 December 13, 
2012.

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-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.diamond-air.at. You may review copies of the referenced service information at 
the FAA, Small Airplane

[[Page 65504]]

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; 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-2012-1148; 
Directorate Identifier 2012-CE-039-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.: 2012-0174, dated September 4, 2012 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    An incident was reported where a Diamond DA 42 experienced main 
landing gear (MLG) extension problems during approach, with the left 
hand (LH) MLG not down. An uneventful landing was made with minor 
damage to the aeroplane and no injuries to occupants.
    Subsequent investigation results showed that the affected MLG 
leg shock absorber, P/N D60-3277-10-00, had overextended, resulting 
in the MLG being jammed in the gear bay. The overextension had been 
caused by a retaining nut in the MLG shock absorber which had 
loosened itself during operation.
    This condition, if not corrected, could inhibit proper extension 
of the MLG, possibly resulting in damage to the aeroplane and injury 
to occupants.
    Prompted by the reported event, Diamond Aircraft Industries 
(DAI) published Recommended Service Bulletin (RSB) 42-089/RSB 42NG-
017 which includes Working Instruction (WI) WI-RSB-089/WI-RSB 42NG-
017 (published as a single document) to recommend operators to 
modify the affected dampers to P/N D60-3277-10-00--01 standard, 
which incorporates installation of a new retaining nut and a new 
seal system for the MLG damper that is more durable and can 
withstand a greater temperature range.
    Since that RSB was issued, further analysis has shown that the 
risk of a MLG failing to extend is greater than was initially 
determined. Consequently, DAI issued Mandatory Service Bulletin MSB 
42-095/MSB 42NG-026 to alert aeroplane owners and operators 
accordingly. The new MSB contains the same instructions as the 
earlier RSB, but is no longer `at owner's discretion'.
    For the reasons described above, this AD requires modification 
of the affected MLG leg shock absorber, P/N D60-3277-10-00. This AD 
also prohibits installation of unmodified P/N D60-3277-10-00 MLG leg 
shock absorbers.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued the following service 
information:
     Mandatory Service Bulletin MSB 42-095, MSB 42NG-026, dated 
November 11, 2011;
     Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1, 
dated April 19, 2011;
     Page 202 through page 211 of CHAPTER 32 LANDING GEAR in 
Diamond Aircraft DA 42 Series AMM, Doc  7.02.01, Rev. 2, dated 
June 30, 2008;
     Page 201 through page 213 in Temporary Revision AMM-TR-
O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc  7.02.01, 
dated July 14, 2010; and
     Page 203 through page 214 of CHAPTER 32 LANDING GEAR in 
Diamond Aircraft DA 42 NG AMM, Doc  7.02.15, Rev. 1, dated 
October 15, 2009.
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the 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 175 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $115 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $49,875, or $285 per product.
    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

[[Page 65505]]

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:

Diamond Aircraft Industries GmbH: Docket No. FAA-2012-1148; 
Directorate Identifier 2012-CE-039-AD.

(a) Comments Due Date

    We must receive comments by December 13, 2012.

(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, all serial numbers, 
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 32: Landing 
Gear.

(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 overextension of 
the main landing gear (MLG) shock absorber. We are issuing this AD 
to prevent the MLG jamming in the gear bay, which could result in 
damage to the aircraft or occupant injury.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within the next 200 hours time-in-service (TIS) after the 
effective date of this AD or within the next 12 months after the 
effective date of this AD, whichever occurs first, modify the left 
hand (LH) and right hand (RH) MLG leg shock absorbers part number 
(P/N) D60-3277-10-00 (no P/N change necessary) following Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB 
42NG-026, dated November 11, 2011, or replace each MLG leg shock 
absorber P/N D60-3277-10-00 with a modified unit P/N D60-3277-10-00-
01, following, as applicable: Diamond Aircraft Industries GmbH 
Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1, dated 
April 19, 2011; page 202 through page 211 of CHAPTER 32 LANDING GEAR 
in Diamond Aircraft DA 42 Series AMM, Doc  7.02.01, Rev. 2, 
dated June 30, 2008; page 201 through page 213 in Temporary Revision 
AMM-TR-O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc  
7.02.01, dated July 14, 2010; and page 203 through page 214 of 
CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc 
 7.02.15, Rev. 1, dated October 15, 2009.
    (2) Modification of an airplane following Diamond Aircraft 
Industries GmbH Recommended Service Bulletin RSB 42-089/1, RSB 42NG-
017/1, dated April 19, 2011, following working instruction WI-MSB 
42-095, MSB 42NG-026, dated November 11, 2011, as referenced in 
Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-
095, MSB 42NG-026, dated November 11, 2011, is acceptable to comply 
with the requirement of paragraph (f)(1) of this AD.
    (3) After the effective date of this AD, do not install an MLG 
leg shock absorber P/N D60-3277-10-00 on the airplane, unless the 
shock absorber has been modified following Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB 42NG-026, 
dated November 11, 2011, or following Diamond Aircraft Industries 
GmbH Recommended Service Bulletin RSB 42-089/1, RSB 42NG-017/1, 
dated April 19, 2011; and following working instruction WI-MSB 42-
095, MSB 42NG-026, dated November 11, 2011, as referenced in Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-095, MSB 
42NG-026, dated November 11, 2011.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, 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, 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. 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2012-0174, dated September 4, 2012; Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin MSB 42-095, MSB 42NG-026, dated November 
11, 2011; Diamond Aircraft Industries GmbH Recommended Service 
Bulletin RSB 42-089/1, RSB 42NG-017/1, dated April 19, 2011; page 
202 through page 211 of CHAPTER 32 LANDING GEAR in Diamond Aircraft 
DA 42 Series AMM, Doc  7.02.01, Rev. 2, dated June 30, 
2008; page 201 through page 213 in Temporary Revision AMM-TR-
O[Auml]M 42-195 of Diamond Aircraft DA 42 AMM, Doc  
7.02.01, dated July 14, 2010; and page 203 through page 214 of 
CHAPTER 32 LANDING GEAR in Diamond Aircraft DA 42 NG AMM, Doc 
 7.02.15, Rev. 1, dated October 15, 2009, for related 
information. For service information related to 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.diamond-air.at. You may review copies of the 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.


[[Page 65506]]


    Issued in Kansas City, Missouri, on October 22, 2012.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26499 Filed 10-26-12; 8:45 am]
BILLING CODE 4910-13-P