
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Rules and Regulations]
[Pages 5359-5362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00502]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9317; Directorate Identifier 2016-CE-029-AD; 
Amendment 39-18779; AD 2017-01-12]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Diamond Aircraft Industries GmbH Model DA 42 airplanes. This AD results 
from mandatory continuing airworthiness information (MCAI) issued by an 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as an uncommanded engine shutdown during flight due to 
failure of the propeller regulating valve caused by hot exhaust gases 
escaping 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 February 22, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 22, 
2017.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No.FAA-2016-
9317; or in person at Document Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact Diamond 
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener 
Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; 
email: office@diamond-air.at; Internet: http://www.diamondaircraft.com. 
You may view this referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call (816) 
329-4148. It is also available on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2016-9317.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
mike.kiesov@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Diamond Aircraft 
Industries GmbH Model DA 42 airplanes. The NPRM was published in the 
Federal Register on October 25, 2016 (81 FR 73360). The NPRM proposed 
to correct an unsafe condition for the specified products and was based 
on mandatory continuing airworthiness information (MCAI) originated by 
an aviation authority of

[[Page 5360]]

another country. The European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community, 
has issued AD No. 2016-0156R1, dated November 23, 2016 (referred to 
after this as ``the MCAI''). The revised MCAI states:

    Two cases were reported of uncommanded engine in-flight shutdown 
(IFSD) on DA 42 aeroplanes. Subsequent investigations identified 
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.
    Consequently, EASA issued AD 2016-0156, requiring replacement of 
the exhaust pipes with pipes having new design, and prohibiting 
(re)installation of the previous design pipes.
    Since that AD was issued, cracks were identified on modified 
exhaust pipes during an inspection. Furthermore, it was determined 
that the additional brackets provide a level of safety equivalent to 
the modified exhaust pipes. Consequently, DAI revised MSB 42-120, 
allowing installation of the additional brackets as alternative to 
the installation of the modified exhaust pipes.
    For the reasons described above, this AD is revised to reduce 
the Applicability, excluding certain post-mod aeroplanes, to allow 
only installation of the additional brackets as final solution and 
to remove the prohibition of reinstallation of unmodified exhaust 
pipes.

The MCAI can be found in the AD docket on the Internet at https://www.regulations.gov/document?D=FAA-2016-9317-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for the 
changes discussed above. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin MSB 42-120, dated June 24, 2016, Mandatory Service Bulletin 
MSB 42-120/1, dated November 10, 2016, and Work Instruction WI-MSB 42-
120, dated June 24, 2016. In combination, this service information 
describes procedures for replacing the exhaust pipes with exhaust pipes 
having a new design. 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 this AD.

Costs of Compliance

    We estimate that this AD will affect 130 products of U.S. registry. 
We also estimate that it will take the following to comply with the 
requirements of this AD:
    It will take about 1 work-hour per product to comply with the 
installation of additional exhaust clamps required by this AD. The 
average labor rate is $85 per work-hour. Required parts will cost about 
$125 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators for the installation of additional exhaust clamps to be 
$27,300, or $210 per product.
    It will take about 4 work-hours per product to comply with the 
exhaust pipe replacement required by this AD. The average labor rate is 
$85 per work-hour. Required parts will cost about $1,990 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators for the exhaust pipe replacement requirement to be $302,900, 
or $2,330 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9317; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains the NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office 
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 5361]]

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:

2017-01-12 Diamond Aircraft Industries GmbH: Amendment 39-18779; 
Docket No. FAA-2016-9317; Directorate Identifier 2016-CE-029-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 22, 
2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH DA 42 
airplanes, serial numbers 42.004 through 42.427 and 42.AC001 through 
42.AC151, that have a TAE 125-02-99 or TAE 125-02-114 engine 
installed, are equipped with an exhaust pipe, DAI part number (P/N) 
D60-9078-06-01, or Technify P/Ns 52-7810-H0001 02, 52-7810-H0001 03, 
or 52-7810-H0001 04, and are certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as an uncommanded 
engine shutdown during flight due to failure of the propeller 
regulating valve caused by hot exhaust gases escaping from fractured 
engine exhaust pipes. We are issuing this AD to prevent failure of 
the propeller regulating valve, which could result in forced landing 
with consequent damage to the airplane.

(f) Actions and Compliance

    Unless already done, do one of the actions in either paragraph 
(f)(1) or (2) of this AD. For the purpose of this AD, if the flight 
hours accumulated since first installation of an affected exhaust 
pipe is not known, use the total hours time-in-service (TIS) 
accumulated on the airplane.

    Note 1 to paragraph (f) of this AD:  The NPRM for this AD 
proposed to require both the installation of clamps and the 
replacement of the exhaust pipes. This AD only requires one or the 
other.

    (1) At the following compliance times, install additional 
exhaust pipe clamps following section III.2 of the INSTRUCTIONS 
section of Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42-120, dated June 24, 2016, as specified in the Accomplishments/
Instructions paragraph of Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin MSB 42-120, dated June 24, 2016, or Diamond 
Aircraft
    Industries GmbH Mandatory Service Bulletin MSB 42-120/1, dated 
November 10, 2016.
    (i) If the affected exhaust pipe has 1,300 hours TIS or less 
since first installed on an airplane as of February 22, 2017 (the 
effective date of this AD): Before or upon accumulating 1,500 hours 
TIS since the affected exhaust pipe was first installed on an 
airplane.
    (ii) If the affected exhaust pipe has more than 1,300 hours TIS 
since first installed on an airplane as of February 22, 2017 (the 
effective date of this AD): Within the next 200 hours TIS after 
February 22, 2017 (the effective date of this AD) or within the next 
12 months after February 22, 2017 (the effective date of this AD), 
whichever occurs first.
    (2) At the following compliance times, replace the exhaust pipes 
listed in paragraph (c) of this AD with an exhaust pipe DAI P/N D60-
9078-06-01_01 or Technify P/N 52-7810-H0014 01 following section 
III.1 of the INSTRUCTIONS section of Diamond Aircraft Industries 
GmbH Work Instruction WI-MSB 42-120, dated June 24, 2016, as 
specified in the Accomplishments/Instructions paragraph of Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin MSB 42-120, 
dated June 24, 2016, or Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin MSB 42-120/1, dated November 10, 2016.
    (i) If the affected exhaust pipe has 1,300 hours TIS or less 
since first installed on an airplane as of February 22, 2017 (the 
effective date of this AD): Before or upon accumulating 1,500 hours 
TIS since the affected exhaust pipe was first installed on an 
airplane.
    (ii) If the affected exhaust pipe has more than 1,300 hours TIS 
since first installed on an airplane as of February 22, 2017 (the 
effective date of this AD): Within the next 200 hours TIS after 
February 22, 2017 (the effective date of this AD) or within the next 
12 months after February 22, 2017 (the effective date of this AD), 
whichever occurs first.

(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 European Aviation Safety Agency (EASA) AD No. 
2016-0156, dated August 2, 2016, for related information. You may 
examine the MCAI on the Internet at https://www.regulations.gov/document?D=FAA-2016-9317-0002.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 42-120, dated June 24, 2016.
    (ii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 42-120/1, dated November 10, 2016.
    (iii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42-120, dated June 24, 2016.
    (3) For Diamond Aircraft Industries GmbH service information 
identified in this AD, contact Diamond Aircraft Industries GmbH, 
N.A. Otto-Stra[szlig]e 5, A-2700 Wiener Neustadt, Austria, 
telephone: +43 2622 26700; fax: +43 2622 26780; email: 
office@diamond-air.at; Internet: http://www.diamondaircraft.com.
    (4) You may view this service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148. In addition, you can access this service information 
on the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2016-9317.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://

[[Page 5362]]

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on January 6, 2017.
Melvin Johnson,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2017-00502 Filed 1-17-17; 8:45 am]
 BILLING CODE 4910-13-P


