Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 24843-24846 [2017-11127]
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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:
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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.
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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:
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Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
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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
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this 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: https://
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 https://
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 https://
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 https://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
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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.
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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 https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this 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:
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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
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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.
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(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 https://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: https://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 https://
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: https://
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 https://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 https://www.faa.gov/
SUMMARY:
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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
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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 https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener
Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780;
email: office@diamond-air.at; Internet: https://www.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 https://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 https://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 https://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 https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this 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
https://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: https://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 https://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: https://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