Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 24843-24846 [2017-11127]

Download as PDF Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the Federal Register. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: asabaliauskas on DSKBBXCHB2PROD with RULES Non-Rechargeable Lithium Battery Installations In lieu of § 25.1353(b)(1) through (4) at Amendment 25–123 or § 25.1353(c)(1) through (4) at earlier amendments, each non-rechargeable lithium battery installation must: 1. Be designed to maintain safe cell temperatures and pressures under all foreseeable operating conditions to prevent fire and explosion. 2. Be designed to prevent the occurrence of self-sustaining, uncontrollable increases in temperature or pressure. 3. Not emit explosive or toxic gases, either in normal operation or as a result of its failure, that may accumulate in hazardous quantities within the airplane. 4. Meet the requirements of § 25.863. 5. Not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more severe failure condition. 6. Have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of it or its individual cells. 7. Have a failure sensing and warning system to alert the flightcrew if its failure affects safe operation of the airplane. Jkt 241001 Issued in Renton, Washington, on May 23, 2017. Michael Kaszycki, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. BILLING CODE 4910–13–P The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the Embraer S.A. Model ERJ 190–300 airplane. 16:13 May 30, 2017 Note: A battery system consists of the battery and any protective, monitoring, and alerting circuitry or hardware inside or outside of the battery. It also includes vents (where necessary) and packaging. For the purpose of these special conditions, a ‘‘battery’’ and ‘‘battery system’’ are referred to as a battery. [FR Doc. 2017–11159 Filed 5–30–17; 8:45 am] Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. VerDate Sep<11>2014 8. Have a means for the flightcrew or maintenance personnel to determine the battery charge state if the battery’s function is required for safe operation of the airplane. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 29 [Docket No. FAA–2016–6940; Notice No. 29– 039–SC] Special Conditions: Bell Helicopter Textron, Inc. (BHTI), Model 525 Helicopters; Crew Alerting System (CAS) The FAA is correcting the special condition published on November 9, 2016 which became effective on December 9, 2016 for the BHTI Model 525 helicopter. This helicopter has a novel or unusual design feature associated with the electronic CAS. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. The special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. SUMMARY: Effective Date: May 31, 2017. FOR FURTHER INFORMATION CONTACT: George Harrum, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222–5110; email George.Harrum@faa.gov. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Correction In the final special condition, FR Doc. 2019–27088, published on November 9, 2016 at 81 FR 78707 make the following correction: 1. On page 78707, in column one, in the heading of the final special condition, revise ‘‘Notice No. 29–039– SW–SC’’ to read as ‘‘Notice No. 29–039– SC’’. Issued in Fort Worth, Texas, on May 19, 2017. Lance Gant, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2017–11070 Filed 5–30–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 Final special conditions; correction. ACTION: SUPPLEMENTARY INFORMATION: Background On November 9, 2016, the FAA published a final special condition entitled ‘‘Special Condition: Bell Helicopter Textron, Inc. (BHTI), Model 525 Helicopters; Crew Alerting System (CAS).’’ 81 FR 78707. In that final special condition, the FAA inadvertently used the incorrect format for the notice number in the header information of the special condition as 29–039–SW–SC. The correct notice number is 29–039–SC. Federal Aviation Administration Federal Aviation Administration, DOT. AGENCY: DATES: 24843 [Docket No. FAA–2017–0506; Directorate Identifier 2017–CE–019–AD; Amendment 39–18907; AD 2017–11–08] RIN 2120–AA64 Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments AGENCY: We are adopting a new airworthiness directive (AD) for Diamond Aircraft Industries GmbH Model DA 42 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as failure of the propeller regulating valve caused by hot exhaust gases coming from fractured engine exhaust pipes. We are issuing this AD to require actions to address the unsafe condition on these products. DATES: This AD is effective May 31, 2017. SUMMARY: E:\FR\FM\31MYR1.SGM 31MYR1 24844 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations asabaliauskas on DSKBBXCHB2PROD with RULES The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 31, 2017. We must receive comments on this AD by July 17, 2017. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this 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@diamondair.at; Internet: http:// www.diamondaircraft.com. You may review this 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. It is also available on the Internet at http:// www.regulations.gov by searching for locating Docket No. FAA–2017–0506. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0506; 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 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: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 for the Member States of the European Community, has issued AD No. 2017– 0090, dated May 17, 2017 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for Diamond Aircraft Industries GmbH Model DA 42 and DA 42 M airplanes. The MCAI states: Two cases were reported of uncommanded engine in-flight shutdown (IFSD) on DA 42 aeroplanes. Subsequent investigations identified that these occurrences were due to failure of the propeller regulating valve, caused by hot exhaust gases coming from fractured engine exhaust pipes. The initiating cracks on the exhaust pipes were not detected during previous inspections, since those exhaust pipes are equipped with nonremovable heat shields that do not allow inspection for certain sections of the exhaust pipe. This condition, if not corrected, could lead to further cases of IFSD or overheat damage, possibly resulting in a forced landing, with consequent damage to the aeroplane and injury to occupants. To address this potential unsafe condition, Diamond Aircraft Industries (DAI) developed an exhaust pipe without a directly attached integral heat shield that allows visual inspection over the entire exhaust pipe length. DAI issued Mandatory Service Bulletin (MSB) 42–120 and relevant Working Instruction (WI) WI–MSB 42–120, providing instructions to install the modified exhaust pipes. As an interim measure, an additional bracket was designed to hold the exhaust pipe in place in case of a pipe fracture. EASA issued AD 2016–0156 (later revised), requiring replacement of the exhaust pipes with pipes having the new design, or installation of the additional brackets. Since EASA AD 2016–0156R1 was issued, cracks were found during inspection on modified exhaust pipes. Further investigation determined that, with the modified exhaust pipe design, vibration leads to cracking. To address this potential unsafe condition, DAI published MSB 42–129 providing instructions for inspection of modified exhaust pipes. For the reasons described above, this AD retains the requirements of EASA AD 2016– 0156R1, which is superseded, and requires repetitive inspections of modified exhaust pipes and, depending on findings, repair or replacement. This AD is considered interim action and further AD action may follow upon availability of an improved exhaust pipe design. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2017–0506. Related Service Information Under 1 CFR Part 51 Diamond Aircraft Industries GmbH has issued Mandatory Service Bulletin MSB–42–129, dated May 17, 2017, and Work Instruction WI–OSB–42–122, Revision 2, dated June 24, 2016. Mandatory Service Bulletin MSB–42– 129, dated May 17, 2017, describes PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 procedures for inspecting the DAI part number (P/N) D60–9078–06–01_01 and Technify P/N 52–7810–H0014 01 engine exhaust pipes. Work Instruction WI–OSB–42– 122, Revision 2, dated June 24, 2016, describes procedures for (among other things) replacing the engine exhaust pipes. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of the final rule. FAA’s Determination and Requirements of the 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 issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the AD and MCAI The MCAI allows for either replacement or repair if a cracked exhaust pipe is found during an inspection. This AD will only allow for replacement. If there were to become a parts availability issue at some time, we would consider the welding repair as an alternative method of compliance. In addition, the MCAI supersedes the previous EASA AD 2016–0156R1, which introduced the DAI part number (P/N) D60–9078–06–01_01 and Technify P/N 52–7810–H0014 01 engine exhaust pipes that are the subject of this AD. The FAA is not superseding the corresponding AD 2017–01–12, Amendment 39–18779 (82 FR 5359; January 18, 2017) because there were other options in that AD that would not be affected by this action. Thus AD 2017–01–12 establishes the baseline for the applicability of this AD, and if any of the affected exhaust pipes were installed per AD 2017–01–12 they would be subject to the actions of this AD action. The airplane models affected by the MCAI are the Models DA 42 and DA 42 M. Only the DA 42 is type certificated in the United States so this AD action will only affect the Model DA 42 airplanes. E:\FR\FM\31MYR1.SGM 31MYR1 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations FAA’s Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the affected engine exhaust pipes could crack and cause hot gases to leak from fractured exhaust pipes and lead to an uncommanded engine inflight shutdown. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2017–0506; Directorate Identifier 2017–CE–019– AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. asabaliauskas on DSKBBXCHB2PROD with RULES Costs of Compliance We estimate that this AD will affect 130 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 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 $22,100, or $170 per product. In addition, we estimate that any necessary follow-on actions would take about 2 work-hours and require parts costing $2,100, for a cost of $2,270 per product. We have no way of determining the number of products that may need these actions. According to the design approval holder, some of the costs of this AD (cost of parts) may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 affected individuals. As a result, we have included all costs in our cost estimate. 24845 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ 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 that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. 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: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2017–11–08 Diamond Aircraft Industries GmbH: Amendment 39–18907; Docket No. FAA–2017–0506; Directorate Identifier 2017–CE–019–AD. (a) Effective Date This airworthiness directive (AD) becomes effective May 31, 2017. (b) Affected ADs None. (c) Applicability This AD applies to Diamond Aircraft Industries GmbH Model DA 42 airplanes, serial numbers 42.004 through 42.427 and 42.AC001 through 42.AC151, certificated in any category, that have: (1) either a TAE 125–02–99 or TAE 125– 02–114 engine installed; and (2) either DAI part number (P/N) D60– 9078–06–01_01 or Technify P/N 52–7810– H0014 01 engine exhaust pipes installed. (d) Subject Air Transport Association of America (ATA) Code 78: Engine Exhaust. (e) Reason This AD was prompted by cracks in the affected engine exhaust pipes, which could cause failure of the propeller regulating valve because of hot exhaust gases coming from the fractured pipes. We are issuing this AD to prevent an uncommanded engine in-flight shutdown or overheat damage, which could result in a forced landing, consequent damage, and occupant injury. (f) Actions and Compliance Unless already done, do the following actions. (1) Before or upon accumulating 40 hours time-in-service (TIS) on the affected engine exhaust pipes or within the next 10 hours TIS after the effective date of this AD, whichever occurs later, and repetitively thereafter at intervals not to exceed 50 hours TIS, inspect each engine exhaust pipe following Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB–42–129, dated May 17, 2017. (2) If any crack(s) is/are found on any engine exhaust pipe during any inspection required by this AD, before further flight, replace the affected engine exhaust pipe(s) following Step 14 (page 8) of Diamond Aircraft Industries GmbH Work Instruction WI–OSB–42–122, Revision 2, dated June 24, 2016. (3) The replacement required by paragraph (f)(2) of this AD does not terminate the repetitive inspections required by paragraph (f)(1) of this AD when a DAI part number (P/N) D60–9078–06–01_01 or Technify P/N E:\FR\FM\31MYR1.SGM 31MYR1 24846 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations 52–7810–H0014 01 engine exhaust pipe is installed. (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. asabaliauskas on DSKBBXCHB2PROD with RULES (h) Related Information Refer to MCAI EASA AD No.: 2017–0090, dated May 17, 2017, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2017–0506. (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 Mandatory Service Bulletin MSB–42–129, dated May 17, 2017. (ii) Diamond Aircraft Industries Work Instruction WI–OSB 42–122, Revision 2, dated June 24, 2016. VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 (3) For Diamond Aircraft Industries GmbH service information identified in this AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; email: office@diamond-air.at; Internet: http://www.diamondaircraft.com. (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. It is also available on the Internet at http:// www.regulations.gov by searching for locating Docket No. FAA–2017–0506. (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. Issued in Kansas City, Missouri, on May 19, 2017. Melvin Johnson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–8783. The Order is also available for inspection 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/code_of_federalregulations/ibr_locations.html. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203–4511. SUPPLEMENTARY INFORMATION: [FR Doc. 2017–11127 Filed 5–30–17; 8:45 am] Authority for This Rulemaking BILLING CODE 4910–13–P The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E airspace at N Bar Ranch Airport, Grass Range, MT, to support the development of IFR operations in standard instrument approach procedures at the airport. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2017–0047; Airspace Docket No. 17–ANM–1] Establishment of Class E Airspace, Grass Range, MT Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E airspace extending upward from 700 feet above the surface at N Bar Ranch, Grass Range, MT, to support the development of instrument flight rules (IFR) operations under standard instrument approach and departure procedures at the airport, for the safety and management of aircraft within the National Airspace System. A correction also is made changing the town name from Grassrange. DATES: Effective 0901 UTC, August 17, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/ SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 History On February 27, 2017, the FAA published in the Federal Register (82 FR 11866) Docket FAA–2017–0047 a notice of proposed rulemaking to establish Class E airspace extending upward from 700 feet above the surface at N Bar Ranch, Grass Range, MT. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24843-24846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11127]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0506; Directorate Identifier 2017-CE-019-AD; 
Amendment 39-18907; AD 2017-11-08]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond 
Aircraft Industries GmbH Model DA 42 airplanes. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as failure of the propeller regulating valve caused by hot 
exhaust gases coming from fractured engine exhaust pipes. We are 
issuing this AD to require actions to address the unsafe condition on 
these products.

DATES: This AD is effective May 31, 2017.

[[Page 24844]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 31, 2017.
    We must receive comments on this AD by July 17, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Diamond 
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener 
Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; 
email: office@diamond-air.at; Internet: http://www.diamondaircraft.com. 
You may review this 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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2017-0506.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0506; 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 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:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2017-0090, dated May 17, 2017 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for Diamond Aircraft Industries 
GmbH Model DA 42 and DA 42 M airplanes. The MCAI states:

    Two cases were reported of uncommanded engine in-flight shutdown 
(IFSD) on DA 42 aeroplanes. Subsequent investigations identified 
that these occurrences were due to failure of the propeller 
regulating valve, caused by hot exhaust gases coming from fractured 
engine exhaust pipes. The initiating cracks on the exhaust pipes 
were not detected during previous inspections, since those exhaust 
pipes are equipped with non-removable heat shields that do not allow 
inspection for certain sections of the exhaust pipe.
    This condition, if not corrected, could lead to further cases of 
IFSD or overheat damage, possibly resulting in a forced landing, 
with consequent damage to the aeroplane and injury to occupants.
    To address this potential unsafe condition, Diamond Aircraft 
Industries (DAI) developed an exhaust pipe without a directly 
attached integral heat shield that allows visual inspection over the 
entire exhaust pipe length. DAI issued Mandatory Service Bulletin 
(MSB) 42-120 and relevant Working Instruction (WI) WI-MSB 42-120, 
providing instructions to install the modified exhaust pipes. As an 
interim measure, an additional bracket was designed to hold the 
exhaust pipe in place in case of a pipe fracture. EASA issued AD 
2016-0156 (later revised), requiring replacement of the exhaust 
pipes with pipes having the new design, or installation of the 
additional brackets.
    Since EASA AD 2016-0156R1 was issued, cracks were found during 
inspection on modified exhaust pipes. Further investigation 
determined that, with the modified exhaust pipe design, vibration 
leads to cracking.
    To address this potential unsafe condition, DAI published MSB 
42-129 providing instructions for inspection of modified exhaust 
pipes.
    For the reasons described above, this AD retains the 
requirements of EASA AD 2016-0156R1, which is superseded, and 
requires repetitive inspections of modified exhaust pipes and, 
depending on findings, repair or replacement. This AD is considered 
interim action and further AD action may follow upon availability of 
an improved exhaust pipe design.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0506.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB-42-129, dated May 17, 2017, and Work Instruction WI-OSB-
42-122, Revision 2, dated June 24, 2016. Mandatory Service Bulletin 
MSB-42-129, dated May 17, 2017, describes procedures for inspecting the 
DAI part number (P/N) D60-9078-06-01_01 and Technify P/N 52-7810-H0014 
01 engine exhaust pipes. Work Instruction WI-OSB-42-122, Revision 2, 
dated June 24, 2016, describes procedures for (among other things) 
replacing the engine exhaust pipes. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section of the final rule.

FAA's Determination and Requirements of the 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between the AD and MCAI

    The MCAI allows for either replacement or repair if a cracked 
exhaust pipe is found during an inspection. This AD will only allow for 
replacement. If there were to become a parts availability issue at some 
time, we would consider the welding repair as an alternative method of 
compliance.
    In addition, the MCAI supersedes the previous EASA AD 2016-0156R1, 
which introduced the DAI part number (P/N) D60-9078-06-01_01 and 
Technify P/N 52-7810-H0014 01 engine exhaust pipes that are the subject 
of this AD. The FAA is not superseding the corresponding AD 2017-01-12, 
Amendment 39-18779 (82 FR 5359; January 18, 2017) because there were 
other options in that AD that would not be affected by this action. 
Thus AD 2017-01-12 establishes the baseline for the applicability of 
this AD, and if any of the affected exhaust pipes were installed per AD 
2017-01-12 they would be subject to the actions of this AD action.
    The airplane models affected by the MCAI are the Models DA 42 and 
DA 42 M. Only the DA 42 is type certificated in the United States so 
this AD action will only affect the Model DA 42 airplanes.

[[Page 24845]]

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
affected engine exhaust pipes could crack and cause hot gases to leak 
from fractured exhaust pipes and lead to an uncommanded engine in-
flight shutdown. Therefore, we determined that notice and opportunity 
for public comment before issuing this AD are impracticable and that 
good cause exists for making this amendment effective in fewer than 30 
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2017-0506; Directorate 
Identifier 2017-CE-019-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 130 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 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 $22,100, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 2 work-hours and require parts costing $2,100, for a cost of 
$2,270 per product. We have no way of determining the number of 
products that may need these actions.
    According to the design approval holder, some of the costs of this 
AD (cost of parts) 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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:

2017-11-08 Diamond Aircraft Industries GmbH: Amendment 39-18907; 
Docket No. FAA-2017-0506; Directorate Identifier 2017-CE-019-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 31, 
2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model DA 42 
airplanes, serial numbers 42.004 through 42.427 and 42.AC001 through 
42.AC151, certificated in any category, that have:
    (1) either a TAE 125-02-99 or TAE 125-02-114 engine installed; 
and
    (2) either DAI part number (P/N) D60-9078-06-01_01 or Technify 
P/N 52-7810-H0014 01 engine exhaust pipes installed.

(d) Subject

    Air Transport Association of America (ATA) Code 78: Engine 
Exhaust.

(e) Reason

    This AD was prompted by cracks in the affected engine exhaust 
pipes, which could cause failure of the propeller regulating valve 
because of hot exhaust gases coming from the fractured pipes. We are 
issuing this AD to prevent an uncommanded engine in-flight shutdown 
or overheat damage, which could result in a forced landing, 
consequent damage, and occupant injury.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Before or upon accumulating 40 hours time-in-service (TIS) 
on the affected engine exhaust pipes or within the next 10 hours TIS 
after the effective date of this AD, whichever occurs later, and 
repetitively thereafter at intervals not to exceed 50 hours TIS, 
inspect each engine exhaust pipe following Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin MSB-42-129, dated May 17, 
2017.
    (2) If any crack(s) is/are found on any engine exhaust pipe 
during any inspection required by this AD, before further flight, 
replace the affected engine exhaust pipe(s) following Step 14 (page 
8) of Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-
122, Revision 2, dated June 24, 2016.
    (3) The replacement required by paragraph (f)(2) of this AD does 
not terminate the repetitive inspections required by paragraph 
(f)(1) of this AD when a DAI part number (P/N) D60-9078-06-01_01 or 
Technify P/N

[[Page 24846]]

52-7810-H0014 01 engine exhaust pipe is installed.

(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 EASA AD No.: 2017-0090, dated May 17, 2017, for 
related information. You may examine the MCAI on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2017-0506.

 (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 Mandatory Service Bulletin MSB-
42-129, dated May 17, 2017.
    (ii) Diamond Aircraft Industries Work Instruction WI-OSB 42-122, 
Revision 2, dated June 24, 2016.
    (3) For Diamond Aircraft Industries GmbH service information 
identified in this AD, contact Diamond Aircraft Industries GmbH, 
N.A. Otto-Stra[szlig]e 5, A-2700 Wiener Neustadt, Austria, 
telephone: +43 2622 26700; fax: +43 2622 26780; email: 
office@diamond-air.at; Internet: http://www.diamondaircraft.com.
    (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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2017-
0506.
    (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.

    Issued in Kansas City, Missouri, on May 19, 2017.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-11127 Filed 5-30-17; 8:45 am]
BILLING CODE 4910-13-P