Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 59223-59226 [2013-22979]

Download as PDF 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. mstockstill on DSK4VPTVN1PROD with RULES § 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 VerDate Mar<15>2010 17:00 Sep 25, 2013 Jkt 229001 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, PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 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: E:\FR\FM\26SER1.SGM 26SER1 59224 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 http:// 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: http:// 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: mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 17:00 Sep 25, 2013 Jkt 229001 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 http://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 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 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, E:\FR\FM\26SER1.SGM 26SER1 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 http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains 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. mstockstill on DSK4VPTVN1PROD with RULES (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. VerDate Mar<15>2010 18:10 Sep 25, 2013 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. PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 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 http://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: http://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: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. E:\FR\FM\26SER1.SGM 26SER1 59226 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 http://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 http://www.regulations.gov at mstockstill on DSK4VPTVN1PROD with RULES DATES: VerDate Mar<15>2010 17:00 Sep 25, 2013 Jkt 229001 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). PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 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 http://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: http://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 http://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 http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains 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 http://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: http://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: http://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