Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 60600-60602 [2021-23908]
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Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
(2) In addition, the Enterprise must
disclose publicly the aggregate amount
of on-balance sheet and off-balance
sheet securitization positions by
exposure type at least quarterly.
(d) Qualitative disclosures. For each
material portfolio of covered positions
as identified using the definitions in
§ 1240.202, the Enterprise must provide
timely public disclosures of the
following information at least annually
after the end of the fourth calendar
quarter, or more frequently in the event
of material changes for each portfolio:
(1) The composition of material
portfolios of covered positions;
(2) The Enterprise’s valuation
policies, procedures, and methodologies
for covered positions including, for
securitization positions, the methods
and key assumptions used for valuing
such positions, any significant changes
since the last reporting period, and the
impact of such change;
(3) The characteristics of the internal
models used for purposes of this
subpart;
(4) A description of the approaches
used for validating and evaluating the
accuracy of internal models and
modeling processes for purposes of this
subpart;
(5) For each market risk category (that
is, interest rate risk, credit spread risk,
equity price risk, foreign exchange risk,
and commodity price risk), a
description of the stress tests applied to
the positions subject to the factor;
(6) The results of the comparison of
the Enterprise’s internal estimates for
purposes of this subpart with actual
outcomes during a sample period not
used in model development;
(7) A description of the Enterprise’s
processes for monitoring changes in the
credit and market risk of securitization
positions, including how those
processes differ for resecuritization
positions; and
(8) A description of the Enterprise’s
policy governing the use of credit risk
mitigation to mitigate the risks of
securitization and resecuritization
positions.
Sandra L. Thompson,
Acting Director, Federal Housing Finance
Agency.
[FR Doc. 2021–23780 Filed 11–2–21; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0952; Project
Identifier 2019–CE–039–AD]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries GmbH Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Diamond Aircraft Industries
GmbH (DAI) Model DA 42, DA 42 M–
NG, and DA 42 NG airplanes. This
proposed AD was prompted by
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
dissolved or detached fuel tank hose
material entering the main fuel tank
chambers, which could result in
restricted fuel flow with consequent fuel
starvation. This proposed AD would
require removing the fuel tank
connection hoses from service and
inspecting the fuel tank connection
hoses for damage and detached rubber
material. The FAA is proposing this AD
to address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by December 20,
2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Diamond Aircraft
Industries GmbH, N.A. Otto-Stra+e 5,
A–2700 Wiener Neustadt, Austria;
phone: +43 2622 26700; fax: +43 2622
26780; email: office@diamond-air.at;
website: https://www.diamond
SUMMARY:
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aircraft.com. You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (816) 329–4148.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0952; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
NPRM, the MCAI, any comments
received, and other information. The
street address for Docket Operations is
listed above.
FOR FURTHER INFORMATION CONTACT:
Penelope Trease, Aviation Safety
Engineer, General Aviation & Rotorcraft
Section, International Validation
Branch, FAA, 26805 E. 68th Avenue,
Denver, CO 80249; phone: (303) 342–
1094; fax: (303) 342–1088; email:
penelope.trease@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0952; Project Identifier
2019–CE–039–AD’’ at the beginning of
your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
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Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Proposed Rules
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Penelope Trease,
Aviation Safety Engineer, General
Aviation & Rotorcraft Section,
International Validation Branch, FAA,
26805 E. 68th Avenue, Denver, CO
80249. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
khammond on DSKJM1Z7X2PROD with PROPOSALS
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0218, dated September 3, 2019
(referred to after this as ‘‘the MCAI’’), to
address an unsafe condition on certain
DAI Model DA 42, DA 42M, DA 42 M–
NG, and DA 42 NG airplanes. The MCAI
states:
Reports were received of dissolved fuel
tank connections hoses. Rubber parts were
found within the fuel tank. The investigation
results showed that the affected parts are
limited to 2 isolated batches, some of which
were installed on the production line. Other
affected parts have been supplied as spare for
in-service replacement.
This condition, if not corrected, could lead
to restricted fuel flow from the tank, possibly
resulting in fuel starvation and consequent
reduced control of the aeroplane.
To address this potential unsafe condition,
DAI issued the applicable MSB [Mandatory
Service Bulletin], providing instructions to
identify and replace the affected parts. The
applicable MSB identifies the MSN
[manufacturer serial numbers] of the
aeroplanes on which affected parts were
installed during aeroplane production. The
applicable MSB also indicates that any other
aeroplane may be affected, if an affected part
supplied as spare was installed.
For the reason described above, this
[EASA] AD requires removal and
replacement of the affected parts, and, if a
removed affected part is found damaged,
inspection of the fuel tank chambers and
removal of any detached rubber material.
This [EASA] AD also prohibits
(re)installation of any affected parts.
You may examine the MCAI in the
AD docket at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0952.
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Related Service Information Under 1
CFR Part 51
The FAA reviewed Diamond Aircraft
Mandatory Service Bulletin (MSB) 42–
138/MSB 42NG–080, dated July 1, 2019
(issued as one document) published
with Diamond Aircraft Work Instruction
(WI) MSB 42–138/WI–MSB 42NG–080,
dated July 1, 2019 (issued as one
document) attached. This service
information identifies the list of affected
fuel tank connection hoses and also
contains procedures for replacing the
fuel tank connection hose and
inspecting the main fuel tank chambers.
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 ADDRESSES.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI and service information
referenced above. The FAA is issuing
this NPRM after determining the unsafe
condition described previously is likely
to exist or develop on other products of
the same type design.
60601
of this proposed AD on U.S. operators
to be $525,696 or $2,738 per airplane.
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some of the
costs of this AD may be covered under
warranty, thereby reducing the cost
impact on affected operators.
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.
The FAA is 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
The MCAI applies to the Model DA 42
M airplane and this proposed AD would
not because it does not have an FAA
type certificate.
The service information specifies
reporting information to DAI, and this
proposed AD would not require
reporting.
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Costs of Compliance
List of Subjects in 14 CFR Part 39
The FAA estimates that this AD, if
adopted as proposed, would affect 192
airplanes of U.S. registry. The FAA
estimates that it would take about 30
work-hours to do the actions of this
proposed AD and require a part costing
$188. The average labor rate is $85 per
work-hour. Based on these figures, the
FAA estimates the cost to do the actions
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Proposed AD Requirements in This
NPRM
This proposed AD would require
removing the affected fuel tank
connection hoses from service. This
proposed AD would also require
inspecting the fuel tank connection
hoses and, if there is damage, inspecting
the main fuel tank chambers and
removing any detached rubber material.
Differences Between This Proposed AD
and the MCAI or Service Information
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The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
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Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Proposed Rules
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Diamond Aircraft Industries GmbH: Docket
No. FAA–2021–0952; Project Identifier
2019–CE–039–AD.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by December 20,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to:
(1) Diamond Aircraft Industries GmbH
(DAI) Model DA 42 NG airplanes, serial
numbers (S/N) 42.N303 through 42.N314,
42.N319, and 42.N320, certificated in any
category, with a fuel tank connection hose
part number (P/N) D4D–2817–10–70
installed; or
(2) DAI Models DA 42, DA 42 NG, and DA
42 M–NG airplanes, all serial numbers,
certificated in any category, with a fuel tank
connection hose P/N D4D–2817–10–70
identified in the Technical Details, section
I.11, of Diamond Aircraft Mandatory Service
Bulletin MSB 42–138/MSB 42NG–080, dated
July 1, 2019 (issued as one document) (MSB
42–138/42NG–080), installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2810, Fuel Storage.
(e) Unsafe Condition
This AD was prompted by 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 dissolved
or detached fuel tank hose material entering
the main fuel tank chambers. The FAA is
issuing this AD to prevent restricted fuel
flow, which could result in fuel starvation.
The unsafe condition, if not addressed, could
result in fuel starvation and reduced control
of the airplane.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within 100 hours time-in-service (TIS)
after the effective date of this AD or within
4 months after the effective date of this AD,
whichever occurs first, replace the main fuel
tank connection hoses in accordance with the
Instructions, sections III.1 and III.2, in DAI
Work Instruction WI–MSB 42–138 and WI–
MSB 42NG–080, Revision 0, dated July 1,
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17:30 Nov 02, 2021
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2019, (issued as one document) attached to
MSB 42–138/42NG–080. Instead of P/N D4D–
2817–10–70_01, you may also replace a fuel
tank connection hose with P/N D4D–2817–
10–70 that is not identified in paragraph (c)
of this AD.
(2) As of the effective date of this AD, do
not install a fuel tank connection hose P/N
D4D–2817–10–70 identified in paragraph (c)
of this AD on any airplane.
(h) No Reporting Requirement
This AD does not require you to report
information as specified in the Instructions,
step III.1.12, in DAI Work Instruction WI–
MSB 42–138/WI–MSB 42NG–080 (single
document), Revision 0, dated July 1, 2019,
which is co-published as one document with
MSB 42–138/42NG–080.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in paragraph (j)(1) of this AD or
email to: 9-AVS-AIR-730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(j) Related Information
(1) For more information about this AD,
contact Penelope Trease, Aviation Safety
Engineer, General Aviation & Rotorcraft
Section, International Validation Branch,
FAA, 26805 E. 68th Avenue, Denver, CO
80249; phone: (303) 342–1094; fax: (303)
342–1088; email: penelope.trease@faa.gov.
(2) Refer to European Union Aviation
Safety Agency (EASA) AD 2019–0218, dated
September 3, 2019, for more information.
You may examine the EASA AD in the AD
docket at https://www.regulations.gov by
searching for and locating it in Docket No.
FAA–2021–0952.
(3) For service information identified in
this AD, contact Diamond Aircraft Industries
GmbH, N.A. Otto-Stra+e 5, A–2700 Wiener
Neustadt, Austria; phone: +43 2622 26700;
fax: +43 2622 26780; email: office@diamondair.at; website: https://www.diamond
aircraft.com. You may view this referenced
service information at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO
64106. For information on the availability of
this material at the FAA, call (816) 329–4148.
Issued on October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–23908 Filed 11–2–21; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2021–0631; FRL–9125–01–
R2]
Disapproval of Interstate Transport
Requirements for the 2008 Ozone
National Ambient Air Quality
Standards; New York and New Jersey
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to
disapprove State Implementation Plan
(SIP) submissions from New York and
New Jersey regarding the requirements
of section 110(a)(2)(D)(i)(I) of the Clean
Air Act (CAA) for the 2008 ozone
national ambient air quality standards
(NAAQS). This provision requires that
each state’s SIP contain adequate
provisions to prohibit emissions from
within the state from significantly
contributing to nonattainment or
interfering with maintenance of the
NAAQS in other states. This
requirement is part of the broader
‘‘infrastructure’’ requirements of CAA
section 110(a)(2), which are designed to
ensure that the structural components of
each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA.
DATES: Written comments must be
received on or before December 3, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2021–0631 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Proposed Rules]
[Pages 60600-60602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23908]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Diamond Aircraft Industries GmbH (DAI) Model DA 42, DA 42
M-NG, and DA 42 NG airplanes. This proposed AD was prompted by
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 dissolved or detached fuel tank hose material entering the
main fuel tank chambers, which could result in restricted fuel flow
with consequent fuel starvation. This proposed AD would require
removing the fuel tank connection hoses from service and inspecting the
fuel tank connection hoses for damage and detached rubber material. The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by December
20, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener
Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 26780; email:
[email protected]; website: https://www.diamondaircraft.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0952; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249; phone:
(303) 342-1094; fax: (303) 342-1088; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0952; Project Identifier
2019-CE-039-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as
[[Page 60601]]
private, and that is relevant or responsive to this NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this NPRM.
Submissions containing CBI should be sent to Penelope Trease, Aviation
Safety Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0218, dated September 3, 2019 (referred to after this as
``the MCAI''), to address an unsafe condition on certain DAI Model DA
42, DA 42M, DA 42 M-NG, and DA 42 NG airplanes. The MCAI states:
Reports were received of dissolved fuel tank connections hoses.
Rubber parts were found within the fuel tank. The investigation
results showed that the affected parts are limited to 2 isolated
batches, some of which were installed on the production line. Other
affected parts have been supplied as spare for in-service
replacement.
This condition, if not corrected, could lead to restricted fuel
flow from the tank, possibly resulting in fuel starvation and
consequent reduced control of the aeroplane.
To address this potential unsafe condition, DAI issued the
applicable MSB [Mandatory Service Bulletin], providing instructions
to identify and replace the affected parts. The applicable MSB
identifies the MSN [manufacturer serial numbers] of the aeroplanes
on which affected parts were installed during aeroplane production.
The applicable MSB also indicates that any other aeroplane may be
affected, if an affected part supplied as spare was installed.
For the reason described above, this [EASA] AD requires removal
and replacement of the affected parts, and, if a removed affected
part is found damaged, inspection of the fuel tank chambers and
removal of any detached rubber material. This [EASA] AD also
prohibits (re)installation of any affected parts.
You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0952.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Diamond Aircraft Mandatory Service Bulletin (MSB)
42-138/MSB 42NG-080, dated July 1, 2019 (issued as one document)
published with Diamond Aircraft Work Instruction (WI) MSB 42-138/WI-MSB
42NG-080, dated July 1, 2019 (issued as one document) attached. This
service information identifies the list of affected fuel tank
connection hoses and also contains procedures for replacing the fuel
tank connection hose and inspecting the main fuel tank chambers. 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 ADDRESSES.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require removing the affected fuel tank
connection hoses from service. This proposed AD would also require
inspecting the fuel tank connection hoses and, if there is damage,
inspecting the main fuel tank chambers and removing any detached rubber
material.
Differences Between This Proposed AD and the MCAI or Service
Information
The MCAI applies to the Model DA 42 M airplane and this proposed AD
would not because it does not have an FAA type certificate.
The service information specifies reporting information to DAI, and
this proposed AD would not require reporting.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 192 airplanes of U.S. registry. The FAA estimates that it would
take about 30 work-hours to do the actions of this proposed AD and
require a part costing $188. The average labor rate is $85 per work-
hour. Based on these figures, the FAA estimates the cost to do the
actions of this proposed AD on U.S. operators to be $525,696 or $2,738
per airplane.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.
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.
The FAA is 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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
[[Page 60602]]
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 airworthiness
directive:
Diamond Aircraft Industries GmbH: Docket No. FAA-2021-0952; Project
Identifier 2019-CE-039-AD.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 20, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to:
(1) Diamond Aircraft Industries GmbH (DAI) Model DA 42 NG
airplanes, serial numbers (S/N) 42.N303 through 42.N314, 42.N319,
and 42.N320, certificated in any category, with a fuel tank
connection hose part number (P/N) D4D-2817-10-70 installed; or
(2) DAI Models DA 42, DA 42 NG, and DA 42 M-NG airplanes, all
serial numbers, certificated in any category, with a fuel tank
connection hose P/N D4D-2817-10-70 identified in the Technical
Details, section I.11, of Diamond Aircraft Mandatory Service
Bulletin MSB 42-138/MSB 42NG-080, dated July 1, 2019 (issued as one
document) (MSB 42-138/42NG-080), installed.
(d) Subject
Joint Aircraft System Component (JASC) Code 2810, Fuel Storage.
(e) Unsafe Condition
This AD was prompted by 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 dissolved or
detached fuel tank hose material entering the main fuel tank
chambers. The FAA is issuing this AD to prevent restricted fuel
flow, which could result in fuel starvation. The unsafe condition,
if not addressed, could result in fuel starvation and reduced
control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Within 100 hours time-in-service (TIS) after the effective
date of this AD or within 4 months after the effective date of this
AD, whichever occurs first, replace the main fuel tank connection
hoses in accordance with the Instructions, sections III.1 and III.2,
in DAI Work Instruction WI-MSB 42-138 and WI-MSB 42NG-080, Revision
0, dated July 1, 2019, (issued as one document) attached to MSB 42-
138/42NG-080. Instead of P/N D4D-2817-10-70_01, you may also replace
a fuel tank connection hose with P/N D4D-2817-10-70 that is not
identified in paragraph (c) of this AD.
(2) As of the effective date of this AD, do not install a fuel
tank connection hose P/N D4D-2817-10-70 identified in paragraph (c)
of this AD on any airplane.
(h) No Reporting Requirement
This AD does not require you to report information as specified
in the Instructions, step III.1.12, in DAI Work Instruction WI-MSB
42-138/WI-MSB 42NG-080 (single document), Revision 0, dated July 1,
2019, which is co-published as one document with MSB 42-138/42NG-
080.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in paragraph (j)(1) of this AD or
email to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(j) Related Information
(1) For more information about this AD, contact Penelope Trease,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 26805 E. 68th Avenue, Denver,
CO 80249; phone: (303) 342-1094; fax: (303) 342-1088; email:
[email protected].
(2) Refer to European Union Aviation Safety Agency (EASA) AD
2019-0218, dated September 3, 2019, for more information. You may
examine the EASA AD in the AD docket at https://www.regulations.gov
by searching for and locating it in Docket No. FAA-2021-0952.
(3) For service information identified in this AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700
Wiener Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622
26780; email: [email protected]; website: https://www.diamondaircraft.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on
the availability of this material at the FAA, call (816) 329-4148.
Issued on October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23908 Filed 11-2-21; 8:45 am]
BILLING CODE 4910-13-P
