Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 65503-65506 [2012-26499]
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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.
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(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
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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
https://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: https://
www.diamond-air.at. You may review
copies of the referenced service
information at the FAA, Small Airplane
ADDRESSES:
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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 https://
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 https://
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
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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.
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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.
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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
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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.
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(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
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13:05 Oct 26, 2012
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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;
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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: https://
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.
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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
https://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.
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ADDRESSES:
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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 https://
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 https://
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 https://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: https://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 https://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 https://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: https://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
