Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 7708-7710 [2022-02716]
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7708
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2021–0886.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on January 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–02748 Filed 2–9–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0952; Project
Identifier 2019–CE–039–AD; Amendment
39–21918; AD 2022–03–01]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries GmbH Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting 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 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 AD requires
removing the fuel tank connection hoses
from service and inspecting the fuel
tank connection hoses for damage and
detached rubber material. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 17,
2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of March 17, 2022.
ADDRESSES: For service information
identified in this final rule, 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:
jspears on DSK121TN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:22 Feb 09, 2022
Jkt 256001
office@diamond-air.at; 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 (817) 222–5110. It is also
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0952.
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
final rule, the MCAI, any comments
received, and other information. The
address for Docket Operations is U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
FOR 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:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to DAI Model DA 42, DA 42 M–
NG, and DA 42 NG airplanes with a
certain fuel tank connection hose
installed. The NPRM published in the
Federal Register on November 3, 2021
(86 FR 60600). The NPRM was
prompted by MCAI originated by the
European Union Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union. EASA 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
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Frm 00030
Fmt 4700
Sfmt 4700
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.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the costs.
Conclusion
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 reviewed
the relevant data and determined that
air safety requires adopting this AD as
proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on these products. This AD is
adopted as proposed in the NPRM,
except for an editorial correction to the
Applicability section. Paragraph (c)(1)
states the AD applies to the airplanes in
paragraph (c)(1) ‘‘or’’ paragraph (c)(2)
when it should state the AD applies to
airplanes identified in both paragraphs.
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,
Revision 0, 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
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10FER1
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations
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.
Differences Between This AD and the
MCAI or Service Information
The MCAI applies to the Model DA 42
M airplane and this AD does not
because it does not have an FAA type
certificate.
The service information specifies
reporting information to DAI, and this
AD does not require reporting.
Costs of Compliance
The FAA estimates that this AD
affects 192 airplanes of U.S. registry.
The FAA estimates that it would take
about 30 work-hours to do the actions
of this 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 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.
jspears on DSK121TN23PROD with RULES1
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
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
VerDate Sep<11>2014
16:22 Feb 09, 2022
Jkt 256001
responsibilities among the various
levels of government. For the reasons
discussed above, I certify that this AD.
For the reasons discussed above, I
certify this AD.
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) 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.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2022–03–01 Diamond Aircraft Industries
GmbH: Amendment 39–21918; Docket
No. FAA–2021–0952; Project Identifier
2019–CE–039–AD.
(a) Effective Date
This AD is effective March 17, 2022.
(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; and
(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)
(Diamond MSB 42–138/42NG–080),
installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2810, Fuel Storage.
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Frm 00031
Fmt 4700
Sfmt 4700
7709
(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/WI–MSB
42NG–080, Revision 0, dated July 1, 2019,
(issued as one document) attached to
Diamond 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, Revision
0, dated July 1, 2019, (issued as one
document) attached to Diamond 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 and
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.
E:\FR\FM\10FER1.SGM
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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations
(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 Docket No. FAA–
2021–0952.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 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, Revision 0, dated July 1, 2019 (issued as
one document) attached.
(ii) [Reserved]
(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.diamondaircraft.com.
(4) You may view this service information
at 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 (817) 222–5110.
(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,
email: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on January 18, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–02716 Filed 2–9–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0657; Project
Identifier MCAI–2021–00478–T; Amendment
39–21927; AD 2022–03–10]
jspears on DSK121TN23PROD with RULES1
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
SUMMARY:
VerDate Sep<11>2014
16:22 Feb 09, 2022
Jkt 256001
Airbus SAS Model A350–941 and –1041
airplanes. This AD was prompted by a
report indicating that during
maintenance, a fuse pin retaining the
main landing gear support structure
(MLGSS) was found incorrectly engaged
in the trunnion block and improperly
secured with the associated retaining
pin, due to incorrect installation during
assembly. This AD requires inspecting
the fuse pins and associated retaining
pins of the MLGSS for such
discrepancies, and corrective action if
necessary, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective March 17,
2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of March 17, 2022.
ADDRESSES: For material incorporated
by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0657.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0657; 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
final rule, the mandatory continuing
airworthiness information (MCAI), any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3225; email
nicholas.wilson@faa.gov.
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Fmt 4700
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SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0112,
dated April 22, 2021 (EASA AD 2021–
0112), to correct an unsafe condition for
certain Airbus SAS Model A350–941
and –1041 airplanes.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A350–941 and –1041 airplanes. The
NPRM published in the Federal
Register on August 12, 2021 (86 FR
44319). The NPRM was prompted by a
report indicating that during
maintenance, a fuse pin retaining the
MLGSS was found incorrectly engaged
in the trunnion block and improperly
secured with the associated retaining
pin; this was due to incorrect
installation during assembly. The NPRM
proposed to require inspecting the fuse
pins and associated retaining pins of the
MLGSS for such discrepancies, and
corrective action if necessary, as
specified in EASA AD 2021–0112.
The FAA is issuing this AD to address
incorrect fuse pin installations, which
could lead to premature failure of the
retaining pin and subsequent fuse pin
migration and disconnection, and could
ultimately lead to main landing gear
collapse and possible damage to the
airplane. See the MCAI for additional
background information.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from the
Air Line Pilots Association,
International (ALPA), who supported
the NPRM without change.
The FAA received additional
comments from Delta Air Lines (DAL).
The following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request To Define an Affected Part
DAL asked that the proposed AD
include a statement that an ‘‘affected
part’’ includes parts that are improperly
engaged or incorrectly secured. DAL
stated that the purpose of the inspection
in EASA AD 2021–0112 is to inspect the
affected parts for any discrepant
conditions, in accordance with the
instructions specified in Airbus Alert
Operations Transmission (AOT)
A57P016–21, dated April 1, 2021,
which includes any incorrectly installed
or missing trunnion block fuse pins for
applicable Airbus SAS Model A350–941
and –1041 airplanes. DAL added that if,
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]]>Agencies
[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7708-7710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02716]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD; Amendment
39-21918; AD 2022-03-01]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting 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 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 AD requires removing the fuel tank connection
hoses from service and inspecting the fuel tank connection hoses for
damage and detached rubber material. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective March 17, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 17,
2022.
ADDRESSES: For service information identified in this final rule,
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 (817) 222-5110. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0952.
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 final rule, the
MCAI, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
FOR 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:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to DAI Model DA 42, DA 42
M-NG, and DA 42 NG airplanes with a certain fuel tank connection hose
installed. The NPRM published in the Federal Register on November 3,
2021 (86 FR 60600). The NPRM was prompted by MCAI originated by the
European Union Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union. EASA 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
Conclusion
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 reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. This AD is adopted as proposed in the
NPRM, except for an editorial correction to the Applicability section.
Paragraph (c)(1) states the AD applies to the airplanes in paragraph
(c)(1) ``or'' paragraph (c)(2) when it should state the AD applies to
airplanes identified in both paragraphs.
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, Revision 0, 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
[[Page 7709]]
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.
Differences Between This AD and the MCAI or Service Information
The MCAI applies to the Model DA 42 M airplane and this AD does not
because it does not have an FAA type certificate.
The service information specifies reporting information to DAI, and
this AD does not require reporting.
Costs of Compliance
The FAA estimates that this AD affects 192 airplanes of U.S.
registry. The FAA estimates that it would take about 30 work-hours to
do the actions of this 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 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
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. For the reasons discussed above, I certify this AD.
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) 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.
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 airworthiness
directive:
2022-03-01 Diamond Aircraft Industries GmbH: Amendment 39-21918;
Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD.
(a) Effective Date
This AD is effective March 17, 2022.
(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; and
(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) (Diamond 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/WI-MSB 42NG-080, Revision 0,
dated July 1, 2019, (issued as one document) attached to Diamond 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, Revision 0, dated July 1, 2019, (issued as
one document) attached to Diamond 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
and 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].
[[Page 7710]]
(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 Docket No. FAA-2021-0952.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 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,
Revision 0, dated July 1, 2019 (issued as one document) attached.
(ii) [Reserved]
(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.
(4) You may view this service information at 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 (817) 222-5110.
(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, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on January 18, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02716 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P
