Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 59223-59226 [2013-22979]
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
worth, each Bank’s leverage and
permanent capital ratios, and any other
capital ratios, specified by FHFA.
(b) Planning horizon. Each regulated
entity must use a planning horizon of at
least nine quarters over which the
impact of specified scenarios would be
assessed.
(c) Additional analytical techniques.
If FHFA determines that the stress test
methodologies and practices of a
regulated entity are deficient, FHFA
may determine that additional or
alternative analytical techniques and
exercises are appropriate for a regulated
entity to use in identifying, measuring,
and monitoring risks to the financial
soundness of the regulated entity, and
require a regulated entity to implement
such techniques and exercises in order
to fulfill the requirements of this part.
In addition, FHFA will issue guidance
annually to describe the baseline,
adverse, and severely adverse scenarios,
and methodologies to be used in
conducting the annual stress test.
(d) Controls and oversight of stress
testing processes.—(1) The appropriate
senior management of each regulated
entity must ensure that the regulated
entity establishes and maintains a
system of controls, oversight, and
documentation, including policies and
procedures, designed to ensure that the
stress testing processes used by the
regulated entity are effective in meeting
the requirements of this part. These
policies and procedures must, at a
minimum, describe the regulated
entity’s testing practices and
methodologies, validation and use of
stress test results, and processes for
updating the regulated entity’s stress
testing practices consistent with
relevant supervisory guidance;
(2) The board of directors, or a
designated committee thereof, shall
review and approve the policies and
procedures established to comply with
this part as frequently as economic
conditions or the condition of the
regulated entity warrants, but at least
annually; and
(3) Senior management of the
regulated entity and each member of the
board of directors shall receive a
summary of the stress test results.
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§ 1238.5 Required report to FHFA and the
FRB of stress test results and related
information.
(a) Report required for stress tests. On
or before February 5 of each year, the
Enterprises must report the results of
the stress tests required under § 1238.3
to FHFA, and to the FRB, in accordance
with paragraph (b) of this section; and
on or before April 30 of each year, the
Banks must report the results of the
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stress tests required under § 1238.3 to
FHFA, and to the FRB, in accordance
with paragraph (b) of this section;
(b) Content of report for annual stress
test. Each regulated entity must file a
report in the manner and form
established by FHFA.
(c) Confidential treatment of
information submitted. Reports
submitted to FHFA under this part are
FHFA property and records (as defined
in 12 CFR part 1202 of this chapter).
The reports are and include non-public
information contained in or related to
examination, operating, or condition
reports prepared by, on behalf of, or for
the use of, FHFA in connection with the
performance of the agency’s
responsibilities regulating or
supervising its regulated entities.
Disclosure of any reports submitted to
FHFA or the information contained in
any such report is prohibited unless
authorized by this part, legal obligation,
or otherwise by the Director of FHFA.
§ 1238.6 Post-assessment actions by
regulated entities.
Each regulated entity shall take the
results of the stress test conducted
under § 1238.3 into account in making
changes, as appropriate, to the regulated
entity’s capital structure (including the
level and composition of capital); its
exposures, concentrations, and risk
positions; any plans for recovery and
resolution; and to improve overall risk
management. If a regulated entity is
under FHFA conservatorship, any postassessment actions shall require prior
FHFA approval.
§ 1238.7 Publication of results by
regulated entities.
(a) Public disclosure of results
required for stress tests of regulated
entities. The Enterprises must disclose
publicly a summary of the stress test
results for the severely adverse scenario
not earlier than April 15 and not later
than April 30 of each year. Each Bank
must disclose publicly a summary of the
stress test results for the severely
adverse scenario not earlier than July 15
and not later than July 30 of each year.
The summary may be published on the
regulated entity’s Web site or in any
other form that is reasonably accessible
to the public;
(b) Information to be disclosed in the
summary. The information disclosed by
each regulated entity shall, at a
minimum, include—
(1) A description of the types of risks
being included in the stress test;
(2) A high-level description of the
scenario provided by FHFA, including
key variables (such as GDP,
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59223
unemployment rate, housing prices,
foreclosure rate, etc.);
(3) A general description of the
methodologies employed to estimate
losses, pre-provision net revenue,
allowance for loan losses, and changes
in capital positions over the planning
horizon;
(4) A general description of the use of
the required stress test as one element
in a regulated entity’s overall capital
planning and capital adequacy
assessment. If a regulated entity is under
FHFA conservatorship, this description
shall be coordinated with FHFA;
(5) Aggregate losses, pre-provision net
revenue, allowance for loan losses, net
income, net worth, and each Bank’s
leverage and permanent capital ratios,
pro forma capital levels and capital
ratios (including regulatory and any
other capital ratios specified by FHFA)
over the planning horizon, under the
scenario; and
(6) Such other data fields, in such
form (e.g., aggregated), as the Director
may require.
§ 1238.8
Additional implementing action.
The Director may, in circumstances
considered appropriate, require any
regulated entity not subject to this part
to conduct stress testing hereunder; and
from time to time, issue such guidance
and orders as may be necessary to
facilitate implementation of this part.
Dated September 9, 2013.
Edward J. DeMarco,
Acting Director, Federal Housing Finance
Agency.
[FR Doc. 2013–22586 Filed 9–25–13; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0597; Directorate
Identifier 2013–CE–016–AD; Amendment
39–17593; AD 2013–19–11]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries GmbH Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for
Diamond Aircraft Industries GmbH
Models DA 42, DA 42 NG, and DA 42
M–NG airplanes. This AD results from
mandatory continuing airworthiness
SUMMARY:
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
information (MCAI) issued by an
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The MCAI
describes the unsafe condition as
insufficient clearance between the rod
end safety washer and the nose landing
gear attachment lever causes the rod end
to bend at each gear retraction sequence.
We are issuing this AD to require
actions to address the unsafe condition
on these products.
DATES: This AD is effective October 31,
2013.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of October 31, 2013.
ADDRESSES: You may examine the AD
on the Internet at https://
www.regulations.gov/
#!docketDetail;D=FAA–2013–0597; or in
person at Document Management
Facility, U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
For service information identified in
this AD, contact Diamond Aircraft
Industries GmbH, N.A. Otto-Str.5,
A–2700 Wiener Neustadt, Austria;
telephone: +43 2622 26700; fax: +43
2622 26780; email: office@diamondair.at; Internet: https://
www.diamondaircraft.com/contact/
technical.php. 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.
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:
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Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on July 8, 2013 (78 FR 40642).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
An incident was reported where a
Diamond DA 42 aeroplane experienced an
un-commanded rudder input and yaw after
landing gear retraction, followed by restricted
rudder travel. This situation caused the pilot
to misinterpret this as an engine power loss.
The rudder restriction could be removed by
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extending the landing gear and an uneventful
landing was made.
Subsequent investigation results showed
that the rod end of the nose landing gear
(NLG) actuator, Part Number (P/N) X11–
0006/2, had broken, causing the actuator to
block the nearby rudder steering linkage.
This failure was likely a result of insufficient
clearance between the rod end safety washer
and the NLG attachment lever, causing the
rod end to bend at each gear retraction
sequence.
This condition, if not detected and
corrected, could result in reduced control of
the aeroplane.
Prompted by this event, Diamond Aircraft
Industries (DAI) issued Mandatory Service
Bulletin (MSB) 42–099/MSB 42NG–035,
including Work Instruction (WI) WI–MSB–
42–099/WI–MSB 42NG–035 (published as a
single document), providing instructions to
identify and modify the affected NLG
actuators, which includes installation of a
new rod end bearing and safety washer.
For the reasons described above, this AD
requires an inspection to identify the affected
NLG actuators, P/N X11–0006/2, and, if an
affected unit is installed, modification of the
actuator.
This AD also prohibits installation of any
affected P/N X11–0006/2 NLG actuators that
may be held as spares, unless they are
modified.
proposed in the NPRM (78 FR 40642,
July 8, 2013).
The MCAI references DAI MSB 42–
099 and MSB 42NG–035 (co-published
as one document), dated April 22, 2013,
as the applicable service information.
DAI subsequently issued revised
Mandatory Service Bulletins MSB 42–
099/1 and MSB 42NG–035/1 (copublished as one document), dated May
3, 2013, based on a change to the
applicable P/N of the NLG actuator.
This revision, MSB 42–099/1 and MSB
42NG–035/1 (co-published as one
document), dated May 3, 2013, was
referenced in the NPRM (78 FR 40642,
July 8, 2013). You may examine the
MCAI in the AD docket on the Internet
at https://www.regulations.gov/
#!documentDetail;D=FAA–2013–0597–
0002.
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.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (78
FR 40642, July 8, 2013) or on the
determination of the cost to the public.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting this AD
as proposed. We have determined that
these minor changes:
• Are consistent with the intent that
was proposed in the NPRM (78 FR
40642, July 8, 2013) for correcting the
unsafe condition; and
• Do not add any additional burden
upon the public than was already
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Costs of Compliance
We estimate that this AD will affect
170 products of U.S. registry. We also
estimate that it would take about .5
work-hour per product to comply with
the basic requirements of this AD. The
average labor rate is $85 per work-hour.
Based on these figures, we estimate
the cost of the AD on U.S. operators to
be $7,225, or $42.50 per product.
In addition, we estimate that any
necessary follow-on actions would take
2.5 work-hours and require parts costing
$235, for a cost of $447.50 per product.
We have no way of determining the
number of products that may need these
actions.
According to the manufacturer, some
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected individuals. We
do not control warranty coverage for
affected individuals. As a result, we
have included all costs in our cost
estimate.
Authority for This Rulemaking
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Examining the AD Docket
You may examine the AD docket on
the Internet at 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 the NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone (800) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2013–19–11 Diamond Aircraft Industries
GmbH: Amendment 39–17593; Docket
No. FAA–2013–0597; Directorate
Identifier 2013–CE–016–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective October 31, 2013.
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(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft
Industries GmbH Models DA 42, DA 42 NG,
and DA 42 M–NG airplanes, all serial
numbers, certificated in any category.
(d) Subject
Air Transport Association of America
(ATA) Code 32: Landing Gear.
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Jkt 229001
(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 insufficient
clearance between the rod end safety washer
and the nose landing gear (NLG) attachment
lever causes the rod end to bend at each gear
retraction sequence. We are issuing this AD
to detect and correct insufficient clearance
between the rod end safety washer and the
NLG attachment lever, which may cause the
NLG actuator to break and possibly restrict
rudder control, resulting in loss of control.
(f) Actions and Compliance
Unless already done, do the following
actions as specified in paragraphs (f)(1) and
(f)(2) of this AD:
(1) Within 100 hours time-in-service after
October 31, 2013 (the effective date of this
AD) or 6 calendar months after October 31,
2013 (the effective date of this AD),
whichever occurs first, inspect the NLG
actuator to identify the part number (P/N)
and serial number (S/N). If a NLG actuator P/
N X11–0006/2 is installed with a S/N
between 0001 and 0155 (inclusive), modify
the actuator by replacing the NLG rod end
bearing and safety washer with new parts.
Follow the INSTRUCTIONS section of
Diamond Aircraft Industries GmbH Work
Instructions WI–MSB 42–099 and WI–MSB
42NG–035 (co-published as one document),
Revision 1, dated May 3, 2013, as specified
in the Accomplishments/Instructions
paragraph of Diamond Aircraft Industries
GmbH Mandatory Service Bulletins MSB 42–
099/1 and MSB 42NG–035/1 (co-published as
one document), dated May 3, 2013.
(2) As of October 31, 2013 (the effective
date of this AD), do not install on any
airplane an NLG actuator P/N X11–0006/2
with a S/N between 0001 and 0155
(inclusive), unless the actuator has been
modified following the INSTRUCTIONS
section of Diamond Aircraft Industries GmbH
Work Instructions WI–MSB 42–099 and WI–
MSB 42NG–035 (co-published as one
document), Revision 1, dated May 3, 2013, as
specified in the Accomplishments/
Instructions paragraph of Diamond Aircraft
Industries GmbH Mandatory Service
Bulletins MSB 42–099/1 and MSB 42NG–
035/1 (co-published as one document), dated
May 3, 2013.
(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.
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59225
(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.
(h) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2013–0121, dated
June 4, 2013, for more information. You may
examine the MCAI in the AD docket on the
Internet at https://www.regulations.gov/
#!documentDetail;D=FAA–2013–0597–0002.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Diamond Aircraft Industries GmbH
Work Instruction WI–MSB 42–099, Revision
1, dated May 3, 2013; and
(ii) Diamond Aircraft Industries GmbH
Work Instruction WI–MSB 42NG–035,
Revision 1, dated May 3, 2013.
Note 1 to paragraph (i)(2)(i) and (i)(2)(ii):
Diamond Aircraft Industries GmbH Work
Instructions WI–MSB 42–099, Revision 1,
dated May 3, 2013; and WI–MSB 42NG–035,
Revision 1, dated May 3, 2013, are copublished as one document.
(iii) Diamond Aircraft Industries GmbH
Mandatory Service Bulletin MSB 42–099/1,
dated May 3, 2013; and
(iv) Diamond Aircraft Industries GmbH
Mandatory Service Bulletin MSB 42NG–035/
1, dated May 3, 2013.
Note 2 to paragraph (i)(2)(iii) and (i)(2)(iv):
Diamond Aircraft Industries GmbH
Mandatory Service Bulletins MSB 42–099/1,
dated May 3, 2013; and MSB 42NG–035/1,
dated May 3, 2013, are co-published as one
document.
(3) For Diamond Aircraft Industries GmbH
service information identified in this AD,
contact Diamond Aircraft Industries GmbH,
N.A. Otto-Str.5, A–2700 Wiener Neustadt,
Austria; telephone: +43 2622 26700; fax: +43
2622 26780; email: office@diamond-air.at;
Internet: https://www.diamondaircraft.com/
contact/technical.php.
(4) You may view this 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
Issued in Kansas City, Missouri, on
September 16, 2013.
Pat Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–22979 Filed 9–25–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 117
[Docket No. FAA–2013–0655]
Clarification of Implementation of
Regulations and Exemption Policy
With Regard to Early Implementation
and Transition
Federal Aviation
Administration (FAA), DOT.
ACTION: Clarification and Exemption
Policy.
AGENCY:
The FAA has issued a final
flight, duty, and rest rule that will go
into effect on January 4, 2014. This
document provides an interpretation
clarifying that the new flight, duty, and
rest rule will apply to a flight duty
period that begins on or after January 4,
2014. This document also clarifies FAA
policy with regard to: exemption
petitions asking for an early
implementation date for the
requirements of part 117; and
exemption petitions asking for an early
transition to the requirements of part
117.
SUMMARY:
Send exemption requests to the
docket on or before October 15, 2013.
ADDRESSES: Send exemption requests
identified by docket number FAA–
2013–0655 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for making your
submission electronically.
• Mail: Send the exemption petition
to Docket Operations, M–30; U.S.
Department of Transportation (DOT),
1200 New Jersey Avenue SE., Room
W12–140, West Building Ground Floor,
Washington, DC 20590–0001.
• Hand Delivery or Courier: Take the
exemption petition to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Fax: Fax the exemption petition to
Docket Operations at 202–493–2251.
Docket: Documents received may be
read at https://www.regulations.gov at
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DATES:
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any time. Follow the online instructions
for accessing the docket or go to the
Docket Operations in Room W12–140 of
the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
technical questions, contact Dale E.
Roberts, Air Transportation Division,
Flight Standards Service, Federal
Aviation Administration; email
dale.e.roberts@faa.gov. For legal
questions, contact Alex Zektser, Office
of the Chief Counsel, Regulations
Division, Federal Aviation
Administration; email alex.zektser@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2012, the FAA
published a final rule entitled,
‘‘Flightcrew Member Duty and Rest
Requirements.’’ 1 In that rule, the FAA
created a new part, part 117, which
generally contains new flight, duty, and
rest regulations for part 121 passenger
operations and certain part 91
operations. Part 117 will go into effect
on January 4, 2014.2
Recently, the FAA received questions
about the exact time at which part 117
will apply to a certificate holder’s
operations on or after January 4, 2014.
The FAA also received a petition,
submitted by Airlines for America
(A4A) and the Regional Airline
Association (RAA), asking for an
industry-wide exemption to permit
certificate-holder implementation of
part 117 prior to January 4. In addition,
representatives from American Airlines
and A4A have met with FAA officials
and requested that FAA consider
allowing airlines to switch to part 117
in a phased approach over a multi-day
period.
This document responds to the
concerns raised in the implementation
questions, the A4A/RAA exemption
petition, and the American Airlines/
A4A meeting. First, this document
provides an interpretation clarifying at
which point on or after January 4, 2014,
a certificate holder must apply part 117
to its operations. Second, this document
makes several findings with regard to
exemption petitions from individual
certificate holders asking for permission
to implement part 117 prior to January
4. Third, this document clarifies FAA
policy with regard to exemption
1 Flightcrew
Member Duty and Rest Requirements
Final Rule, 77 FR 330 (Jan. 4, 2012).
2 Flightcrew Member Duty and Rest
Requirements; Technical Correction, 78 FR 11090
(Feb. 15, 2013).
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petitions from individual certificate
holders asking for a phased transition to
the requirements of part 117. Fourth,
this document provides some guidelines
to individual certificate holders for
submitting exemption petitions for early
implementation and/or early transition
to part 117.
Discussion
A. Applicability of Part 117 on January
4, 2014
As stated above, part 117 will become
effective on January 4, 2014.3 The
regulatory text of part 117 does not
contain a grandfather clause that would
exempt operations that commence prior
to January 4. Thus, part 117 could be
interpreted as immediately applying to
all part 121 passenger operations taking
place at midnight on January 4.
However, such an interpretation
would take a narrow view regarding
how part 121 passenger operations are
to transition to the new part 117
requirements. This is because § 117.25
requires that a flightcrew member be
provided with a 10-hour rest period that
includes an 8-hour sleep opportunity
immediately prior to beginning a flight
duty period (FDP) under part 117. If part
117 was to become immediately
applicable on midnight January 4,
flightcrew members conducting part 121
passenger operations at that time would
be confronted with the requirements of
§ 117.25 in the middle of their duty day.
To avoid this scenario, the FAA
clarifies the implementation of part 117
as follows. A flightcrew member who
begins a duty day under part 121 prior
to January 4, 2014 is allowed to
complete that duty day on January 4
under the flight, duty, and rest rules in
effect at the time that the duty day
commenced. However, once the duty
day ends and the flightcrew member is
released to begin a rest period, that
flightcrew member is then subject to the
provisions of part 117.
We note that there are some
provisions in the flight, duty, and rest
regulations of part 121 that, in certain
situations, require an extended rest
period after a duty day ends.4
Accordingly, we emphasize that the rest
period received by a flightcrew member
switching from part 121 flight, duty, and
rest rules to part 117 must comply with
both § 117.25 and the pertinent flight,
duty, and rest rules of part 121.5
3 Id.
4 See, e.g., 14 CFR 121.503(b) (requiring a 16-hour
rest period if a pilot has flown for more than eight
hours in a 24-consecutive-hour period).
5 We note, however, that the regulations do not
require that the rest period provided under § 117.25
be kept separate from the rest period provided
E:\FR\FM\26SER1.SGM
26SER1
]]>Agencies
[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59223-59226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22979]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0597; Directorate Identifier 2013-CE-016-AD;
Amendment 39-17593; AD 2013-19-11]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond
Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG
airplanes. This AD results from mandatory continuing airworthiness
[[Page 59224]]
information (MCAI) issued by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as insufficient clearance between
the rod end safety washer and the nose landing gear attachment lever
causes the rod end to bend at each gear retraction sequence. We are
issuing this AD to require actions to address the unsafe condition on
these products.
DATES: This AD is effective October 31, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 31,
2013.
ADDRESSES: You may examine the AD on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2013-0597; or in person at
Document Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
For service information identified in this AD, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Str.5, A-2700 Wiener Neustadt,
Austria; telephone: +43 2622 26700; fax: +43 2622 26780; email:
office@diamond-air.at; Internet: https://www.diamondaircraft.com/contact/technical.php. 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.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email:
mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 8, 2013 (78 FR
40642). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
An incident was reported where a Diamond DA 42 aeroplane
experienced an un-commanded rudder input and yaw after landing gear
retraction, followed by restricted rudder travel. This situation
caused the pilot to misinterpret this as an engine power loss. The
rudder restriction could be removed by extending the landing gear
and an uneventful landing was made.
Subsequent investigation results showed that the rod end of the
nose landing gear (NLG) actuator, Part Number (P/N) X11-0006/2, had
broken, causing the actuator to block the nearby rudder steering
linkage. This failure was likely a result of insufficient clearance
between the rod end safety washer and the NLG attachment lever,
causing the rod end to bend at each gear retraction sequence.
This condition, if not detected and corrected, could result in
reduced control of the aeroplane.
Prompted by this event, Diamond Aircraft Industries (DAI) issued
Mandatory Service Bulletin (MSB) 42-099/MSB 42NG-035, including Work
Instruction (WI) WI-MSB-42-099/WI-MSB 42NG-035 (published as a
single document), providing instructions to identify and modify the
affected NLG actuators, which includes installation of a new rod end
bearing and safety washer.
For the reasons described above, this AD requires an inspection
to identify the affected NLG actuators, P/N X11-0006/2, and, if an
affected unit is installed, modification of the actuator.
This AD also prohibits installation of any affected P/N X11-
0006/2 NLG actuators that may be held as spares, unless they are
modified.
The MCAI references DAI MSB 42-099 and MSB 42NG-035 (co-published
as one document), dated April 22, 2013, as the applicable service
information. DAI subsequently issued revised Mandatory Service
Bulletins MSB 42-099/1 and MSB 42NG-035/1 (co-published as one
document), dated May 3, 2013, based on a change to the applicable P/N
of the NLG actuator. This revision, MSB 42-099/1 and MSB 42NG-035/1
(co-published as one document), dated May 3, 2013, was referenced in
the NPRM (78 FR 40642, July 8, 2013). You may examine the MCAI in the
AD docket on the Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2013-0597-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 40642, July 8,
2013) or on the determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 40642, July 8, 2013) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 40642, July 8, 2013).
Costs of Compliance
We estimate that this AD will affect 170 products of U.S. registry.
We also estimate that it would take about .5 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $7,225, or $42.50 per product.
In addition, we estimate that any necessary follow-on actions would
take 2.5 work-hours and require parts costing $235, for a cost of
$447.50 per product. We have no way of determining the number of
products that may need these actions.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
[[Page 59225]]
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
Examining the AD Docket
You may examine the AD docket on the Internet at 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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2013-19-11 Diamond Aircraft Industries GmbH: Amendment 39-17593;
Docket No. FAA-2013-0597; Directorate Identifier 2013-CE-016-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective October 31,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft Industries GmbH Models DA
42, DA 42 NG, and DA 42 M-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 insufficient
clearance between the rod end safety washer and the nose landing
gear (NLG) attachment lever causes the rod end to bend at each gear
retraction sequence. We are issuing this AD to detect and correct
insufficient clearance between the rod end safety washer and the NLG
attachment lever, which may cause the NLG actuator to break and
possibly restrict rudder control, resulting in loss of control.
(f) Actions and Compliance
Unless already done, do the following actions as specified in
paragraphs (f)(1) and (f)(2) of this AD:
(1) Within 100 hours time-in-service after October 31, 2013 (the
effective date of this AD) or 6 calendar months after October 31,
2013 (the effective date of this AD), whichever occurs first,
inspect the NLG actuator to identify the part number (P/N) and
serial number (S/N). If a NLG actuator P/N X11-0006/2 is installed
with a S/N between 0001 and 0155 (inclusive), modify the actuator by
replacing the NLG rod end bearing and safety washer with new parts.
Follow the INSTRUCTIONS section of Diamond Aircraft Industries GmbH
Work Instructions WI-MSB 42-099 and WI-MSB 42NG-035 (co-published as
one document), Revision 1, dated May 3, 2013, as specified in the
Accomplishments/Instructions paragraph of Diamond Aircraft
Industries GmbH Mandatory Service Bulletins MSB 42-099/1 and MSB
42NG-035/1 (co-published as one document), dated May 3, 2013.
(2) As of October 31, 2013 (the effective date of this AD), do
not install on any airplane an NLG actuator P/N X11-0006/2 with a S/
N between 0001 and 0155 (inclusive), unless the actuator has been
modified following the INSTRUCTIONS section of Diamond Aircraft
Industries GmbH Work Instructions WI-MSB 42-099 and WI-MSB 42NG-035
(co-published as one document), Revision 1, dated May 3, 2013, as
specified in the Accomplishments/Instructions paragraph of Diamond
Aircraft Industries GmbH Mandatory Service Bulletins MSB 42-099/1
and MSB 42NG-035/1 (co-published as one document), dated May 3,
2013.
(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.
(h) Related Information
Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2013-0121, dated June 4, 2013, for more information. You may examine
the MCAI in the AD docket on the Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2013-0597-0002.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 42-
099, Revision 1, dated May 3, 2013; and
(ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB
42NG-035, Revision 1, dated May 3, 2013.
Note 1 to paragraph (i)(2)(i) and (i)(2)(ii): Diamond Aircraft
Industries GmbH Work Instructions WI-MSB 42-099, Revision 1, dated
May 3, 2013; and WI-MSB 42NG-035, Revision 1, dated May 3, 2013, are
co-published as one document.
(iii) Diamond Aircraft Industries GmbH Mandatory Service
Bulletin MSB 42-099/1, dated May 3, 2013; and
(iv) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
MSB 42NG-035/1, dated May 3, 2013.
Note 2 to paragraph (i)(2)(iii) and (i)(2)(iv): Diamond
Aircraft Industries GmbH Mandatory Service Bulletins MSB 42-099/1,
dated May 3, 2013; and MSB 42NG-035/1, dated May 3, 2013, are co-
published as one document.
(3) For Diamond Aircraft Industries GmbH service information
identified in this AD, contact Diamond Aircraft Industries GmbH,
N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; telephone: +43
2622 26700; fax: +43 2622 26780; email: office@diamond-air.at;
Internet: https://www.diamondaircraft.com/contact/technical.php.
(4) You may view this 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 59226]]
Issued in Kansas City, Missouri, on September 16, 2013.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-22979 Filed 9-25-13; 8:45 am]
BILLING CODE 4910-13-P
