81 FR 73360 - Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 206 (October 25, 2016)

Page Range		73360-73362
FR Document		2016-25655

We propose to adopt a new airworthiness directive (AD) for certain Diamond Aircraft Industries GmbH Model DA 42 airplanes. This proposed AD results from 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 correct the unsafe condition on these products.

Federal Register, Volume 81 Issue 206 (Tuesday, October 25, 2016)

[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Proposed Rules]
[Pages 73360-73362]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25655]


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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]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Diamond Aircraft Industries GmbH Model DA 42 airplanes. This 
proposed AD results from 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 correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by December 9, 
2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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: [email protected]; Internet: http://www.diamondaircraft.com. You may review this referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas 
City, Missouri 64106. For information on the availability of this 
material at the FAA, call (816) 329-4148.

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 this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9317; 
Directorate Identifier 2016-CE-029-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2016-0156, dated August 2, 2016 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
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.
    For the reasons described above, this AD requires replacement of 
the exhaust pipes with pipes having new design, and prohibits 
(re)installation of the previous design pipes.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9317.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 42-120, dated June 24, 2016, and Work Instruction WI-MSB 
42-120, dated June 24, 2016. In combination, this service information 
describes procedures for replacing the exhaust

[[Page 73361]]

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 NPRM.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD would affect 130 products of U.S. 
registry. We also estimate that it would take the following to comply 
with the requirements of this proposed AD:
    It would take about 1 work-hour per product to comply with the 
installation of additional exhaust clamps required by this proposed AD. 
The average labor rate is $85 per work-hour. Required parts would cost 
about $125 per product.
    Based on these figures, we estimate the cost of this proposed AD on 
U.S. operators for the installation of additional exhaust clamps to be 
$27,300, or $210 per product.
    It would take about 4 work-hours per product to comply with the 
exhaust pipe replacement required by this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $1,990 
per product.
    Based on these figures, we estimate the cost of this proposed 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 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) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2016-9317; 
Directorate Identifier 2016-CE-029-AD.

(a) Comments Due Date

    We must receive comments by December 9, 2016.

(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.

    Note to paragraph (c) of this AD: Airplanes equipped with an 
exhaust pipe, DAI P/N D60-9078-06-01_01 or Technify P/N 52-7810-
H0014 01, are not affected by this AD.

(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 the following actions. 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.
    (1) At whichever of the following compliance times that occurs 
later, install additional exhaust pipe clamps following 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. The replacement required in paragraph (f)(2) of this AD 
may be done in lieu of installing additional exhaust pipe clamps.
    (i) Before or upon accumulating 1,300 hours TIS since the 
affected exhaust pipe was first installed on an airplane; or
    (ii) Within the next 200 hours TIS after the effective date of 
this AD or within the next 12 months after the effective date of 
this AD, whichever occurs first.
    (2) At whichever of the following compliance times that occurs 
later, 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. Do the replacement following 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.

[[Page 73362]]

    (i) Before or upon accumulating 2,800 hours TIS since the 
affected exhaust pipe was first installed on an airplane; or
    (ii) Within the next 200 hours TIS after the effective date of 
this AD or within the next 12 months after the effective date of 
this AD, whichever occurs first.
    (3) After installing an exhaust pipe DAI P/N D60-9078-06-01_01 
or Technify P/N 52-7810-H0014 01, as required by this AD, do not 
install an exhaust pipe listed in paragraph (c) of this AD.

(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: 
[email protected]. 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 http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-9317. For service 
information related to 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: 
[email protected]; Internet: http://www.diamondaircraft.com. You 
may review this referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.

    Issued in Kansas City, Missouri, on October 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25655 Filed 10-24-16; 8:45 am]
 BILLING CODE 4910-13-P

73360 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Proposed Rules

changes to procedures or tests identified as ADDRESSES: You may send comments by economic, environmental, and energy
RC require approval of an AMOC. any of the following methods: aspects of this proposed AD. We will
(j) Related Information • Federal eRulemaking Portal: Go to consider all comments received by the
(1) Refer to Mandatory Continuing
http://www.regulations.gov. Follow the closing date and may amend this
Airworthiness Information (MCAI) EASA instructions for submitting comments. proposed AD because of those
Airworthiness Directive 2014–0136, dated • Fax: (202) 493–2251. comments.
June 13, 2014, for related information. This • Mail: U.S. Department of We will post all comments we
MCAI may be found in the AD docket on the Transportation, Docket Operations, M– receive, without change, to http://
Internet at http://www.regulations.gov by 30, West Building Ground Floor, Room regulations.gov, including any personal
searching for and locating Docket No. FAA– W12–140, 1200 New Jersey Avenue SE., information you provide. We will also
2016–9192. Washington, DC 20590. post a report summarizing each
(2) For service information identified in • Hand Delivery: U.S. Department of substantive verbal contact we receive
this AD, contact Airbus SAS, Airworthiness
Office—EAL, 1 Rond Point Maurice Bellonte,
Transportation, Docket Operations, M– about this proposed AD.
31707 Blagnac Cedex, France; telephone +33 30, West Building Ground Floor, Room
Discussion
5 61 93 36 96; fax +33 5 61 93 45 80; email W12–140, 1200 New Jersey Avenue SE.,
airworthiness.A330-A340@airbus.com; Washington, DC 20590, between 9 a.m. The European Aviation Safety Agency
Internet http://www.airbus.com. You may and 5 p.m., Monday through Friday, (EASA), which is the Technical Agent
view this service information at the FAA, except Federal holidays. for the Member States of the European
Transport Airplane Directorate, 1601 Lind For service information identified in Community, has issued AD No. 2016–
Avenue SW., Renton, WA. For information this proposed AD, contact Diamond 0156, dated August 2, 2016 (referred to
on the availability of this material at the Aircraft Industries GmbH, N.A. Otto- after this as ‘‘the MCAI’’), to correct an
FAA, call 425–227–1221. unsafe condition for the specified
Stra+e 5, A–2700 Wiener Neustadt,
Issued in Renton, Washington, on October Austria, telephone: +43 2622 26700; fax: products. The MCAI states:
12, 2016. +43 2622 26780; email: office@ Two cases were reported of uncommanded
Michael Kaszycki, diamond-air.at; Internet: http:// engine in-flight shutdown (IFSD) on DA 42
Acting Manager, Transport Airplane www.diamondaircraft.com. You may aeroplanes. Subsequent investigations
Directorate, Aircraft Certification Service. review this referenced service identified these occurrences were due to
information at the FAA, Small Airplane failure of the propeller regulating valve,
[FR Doc. 2016–25352 Filed 10–24–16; 8:45 am]
Directorate, 901 Locust, Kansas City, caused by hot exhaust gases coming from
BILLING CODE 4910–13–P fractured engine exhaust pipes. The initiating
Missouri 64106. For information on the
cracks on the exhaust pipes were not
availability of this material at the FAA, detected during previous inspections, since
DEPARTMENT OF TRANSPORTATION call (816) 329–4148. those exhaust pipes are equipped with non-
Examining the AD Docket removable heat shields that do not allow
Federal Aviation Administration inspection for certain sections of the exhaust
You may examine the AD docket on pipe.
14 CFR Part 39 the Internet at http:// This condition, if not corrected, could lead
www.regulations.gov by searching for to further cases of IFSD or overheat damage,
[Docket No. FAA–2016–9317; Directorate possibly resulting in a forced landing, with
and locating Docket No. FAA–2016–
Identifier 2016–CE–029–AD] consequent damage to the aeroplane and
9317; or in person at the Docket
RIN 2120–AA64 Management Facility between 9 a.m. injury to occupants.
To address this potential unsafe condition,
and 5 p.m., Monday through Friday, Diamond Aircraft Industries (DAI) developed
Airworthiness Directives; Diamond except Federal holidays. The AD docket an exhaust pipe without a directly attached
Aircraft Industries GmbH Airplanes contains this proposed AD, the integral heat shield that allows visual
AGENCY: Federal Aviation regulatory evaluation, any comments inspection over the entire exhaust pipe
Administration (FAA), Department of received, and other information. The length. DAI issued Mandatory Service
Transportation (DOT). street address for the Docket Office Bulletin (MSB) 42–120 and relevant Working
(telephone (800) 647–5527) is in the Instruction (WI) WI–MSB 42–120, providing
ACTION: Notice of proposed rulemaking instructions to install the modified exhaust
ADDRESSES section. Comments will be
(NPRM). pipes. As an interim measure, an additional
available in the AD docket shortly after
bracket was designed to hold the exhaust
SUMMARY: We propose to adopt a new receipt. pipe in place in case of a pipe fracture.
airworthiness directive (AD) for certain FOR FURTHER INFORMATION CONTACT: For the reasons described above, this AD
Diamond Aircraft Industries GmbH Mike Kiesov, Aerospace Engineer, FAA, requires replacement of the exhaust pipes
Model DA 42 airplanes. This proposed Small Airplane Directorate, 901 Locust, with pipes having new design, and prohibits
AD results from mandatory continuing Room 301, Kansas City, Missouri 64106; (re)installation of the previous design pipes.
airworthiness information (MCAI) telephone: (816) 329–4144; fax: (816) You may examine the MCAI on the
originated by an aviation authority of 329–4090; email: mike.kiesov@faa.gov. Internet at http://www.regulations.gov
another country to identify and correct SUPPLEMENTARY INFORMATION: by searching for and locating Docket No.
an unsafe condition on an aviation FAA–2016–9317.
product. The MCAI describes the unsafe Comments Invited
condition as an uncommanded engine We invite you to send any written Related Service Information Under 1
mstockstill on DSK3G9T082PROD with PROPOSALS

shutdown during flight due to failure of relevant data, views, or arguments about CFR Part 51
the propeller regulating valve caused by this proposed AD. Send your comments Diamond Aircraft Industries GmbH
hot exhaust gases escaping from to an address listed under the has issued Mandatory Service Bulletin
fractured engine exhaust pipes. We are ADDRESSES section. Include ‘‘Docket No. MSB 42–120, dated June 24, 2016, and
issuing this AD to correct the unsafe FAA–2016–9317; Directorate Identifier Work Instruction WI–MSB 42–120,
condition on these products. 2016–CE–029–AD’’ at the beginning of dated June 24, 2016. In combination,
DATES: We must receive comments on your comments. We specifically invite this service information describes
this proposed AD by December 9, 2016. comments on the overall regulatory, procedures for replacing the exhaust

VerDate Sep<11>2014 16:53 Oct 24, 2016 Jkt 241001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\25OCP1.SGM 25OCP1

Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Proposed Rules 73361

pipes with exhaust pipes having a new promoting safe flight of civil aircraft in (c) Applicability
design. This service information is air commerce by prescribing regulations This AD applies to Diamond Aircraft
reasonably available because the for practices, methods, and procedures Industries GmbH DA 42 airplanes, serial
interested parties have access to it the Administrator finds necessary for numbers 42.004 through 42.427 and
through their normal course of business safety in air commerce. This regulation 42.AC001 through 42.AC151, that have a
or by the means identified in the is within the scope of that authority TAE 125–02–99 or TAE 125–02–114 engine
installed, are equipped with an exhaust pipe,
ADDRESSES section of this NPRM. because it addresses an unsafe condition DAI part number (P/N) D60–9078–06–01, or
that is likely to exist or develop on Technify P/Ns 52–7810–H0001 02, 52–7810–
FAA’s Determination and Requirements
products identified in this rulemaking H0001 03, or 52–7810–H0001 04, and are
of the Proposed AD
action. certificated in any category.
This product has been approved by Note to paragraph (c) of this AD: Airplanes
the aviation authority of another Regulatory Findings
equipped with an exhaust pipe, DAI P/N
country, and is approved for operation We determined that this proposed AD D60–9078–06–01_01 or Technify P/N 52–
in the United States. Pursuant to our would not have federalism implications 7810–H0014 01, are not affected by this AD.
bilateral agreement with this State of under Executive Order 13132. This
Design Authority, they have notified us (d) Subject
proposed AD would not have a
of the unsafe condition described in the substantial direct effect on the States, on Air Transport Association of America
MCAI and service information (ATA) Code 78: Engine Exhaust.
the relationship between the national
referenced above. We are proposing this Government and the States, or on the (e) Reason
AD because we evaluated all distribution of power and This AD was prompted by mandatory
information and determined the unsafe responsibilities among the various continuing airworthiness information (MCAI)
condition exists and is likely to exist or levels of government. originated by an aviation authority of another
develop on other products of the same For the reasons discussed above, I country to identify and correct an unsafe
type design. certify this proposed regulation: condition on an aviation product. The MCAI
describes the unsafe condition as an
Costs of Compliance (1) Is not a ‘‘significant regulatory uncommanded engine shutdown during
action’’ under Executive Order 12866, flight due to failure of the propeller
We estimate that this proposed AD
(2) Is not a ‘‘significant rule’’ under regulating valve caused by hot exhaust gases
would affect 130 products of U.S.
the DOT Regulatory Policies and escaping from fractured engine exhaust
registry. We also estimate that it would pipes. We are issuing this AD to prevent
Procedures (44 FR 11034, February 26,
take the following to comply with the failure of the propeller regulating valve,
1979),
requirements of this proposed AD: which could result in forced landing with
It would take about 1 work-hour per (3) Will not affect intrastate aviation
consequent damage to the airplane.
product to comply with the installation in Alaska, and
(4) Will not have a significant (f) Actions and Compliance
of additional exhaust clamps required
by this proposed AD. The average labor economic impact, positive or negative, Unless already done, do the following
on a substantial number of small entities actions. For the purpose of this AD, if the
rate is $85 per work-hour. Required flight hours accumulated since first
parts would cost about $125 per under the criteria of the Regulatory
Flexibility Act. installation of an affected exhaust pipe is not
product. known, use the total hours time-in-service
Based on these figures, we estimate List of Subjects in 14 CFR Part 39 (TIS) accumulated on the airplane.
the cost of this proposed AD on U.S. (1) At whichever of the following
operators for the installation of Air transportation, Aircraft, Aviation compliance times that occurs later, install
additional exhaust clamps to be safety, Incorporation by reference, additional exhaust pipe clamps following the
$27,300, or $210 per product. Safety. INSTRUCTIONS section of Diamond Aircraft
It would take about 4 work-hours per Industries GmbH Work Instruction WI–MSB
The Proposed Amendment 42–120, dated June 24, 2016, as specified in
product to comply with the exhaust the Accomplishments/Instructions paragraph
pipe replacement required by this Accordingly, under the authority
delegated to me by the Administrator, of Diamond Aircraft Industries GmbH
proposed AD. The average labor rate is Mandatory Service Bulletin MSB 42–120,
$85 per work-hour. Required parts the FAA proposes to amend 14 CFR part dated June 24, 2016. The replacement
would cost about $1,990 per product. 39 as follows: required in paragraph (f)(2) of this AD may
Based on these figures, we estimate be done in lieu of installing additional
the cost of this proposed AD on U.S. PART 39—AIRWORTHINESS exhaust pipe clamps.
operators for the exhaust pipe DIRECTIVES (i) Before or upon accumulating 1,300
replacement requirement to be hours TIS since the affected exhaust pipe was
■ 1. The authority citation for part 39 first installed on an airplane; or
$302,900, or $2,330 per product. continues to read as follows: (ii) Within the next 200 hours TIS after the
Authority for This Rulemaking effective date of this AD or within the next
Authority: 49 U.S.C. 106(g), 40113, 44701.
12 months after the effective date of this AD,
Title 49 of the United States Code whichever occurs first.
§ 39.13 [Amended]
specifies the FAA’s authority to issue (2) At whichever of the following
rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding compliance times that occurs later, replace
section 106, describes the authority of the following new AD: the exhaust pipes listed in paragraph (c) of
the FAA Administrator. ‘‘Subtitle VII: Diamond Aircraft Industries GmbH: Docket this AD with an exhaust pipe DAI P/N D60–
mstockstill on DSK3G9T082PROD with PROPOSALS

Aviation Programs,’’ describes in more No. FAA–2016–9317; Directorate 9078–06–01_01 or Technify P/N 52–7810–
detail the scope of the Agency’s Identifier 2016–CE–029–AD. H0014 01. Do the replacement following the
INSTRUCTIONS section of Diamond Aircraft
authority. (a) Comments Due Date Industries GmbH Work Instruction WI–MSB
We are issuing this rulemaking under 42–120, dated June 24, 2016, as specified in
We must receive comments by December 9,
the authority described in ‘‘Subtitle VII, 2016. the Accomplishments/Instructions paragraph
Part A, Subpart III, section 44701: of Diamond Aircraft Industries GmbH
General requirements.’’ Under that (b) Affected ADs Mandatory Service Bulletin MSB 42–120,
section, Congress charges the FAA with None. dated June 24, 2016.

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73362 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Proposed Rules

(i) Before or upon accumulating 2,800 2622 26780; email: office@diamond-air.at; subsequent amendments can be viewed
hours TIS since the affected exhaust pipe was Internet: http://www.diamondaircraft.com. online at http://www.faa.gov/air_traffic/
first installed on an airplane; or You may review this referenced service publications/. For further information,
(ii) Within the next 200 hours TIS after the information at the FAA, Small Airplane you can contact the Airspace Policy
effective date of this AD or within the next Directorate, 901 Locust, Kansas City,
12 months after the effective date of this AD, Missouri 64106. For information on the
Group, Federal Aviation
whichever occurs first. availability of this material at the FAA, call Administration, 800 Independence
(3) After installing an exhaust pipe DAI P/ (816) 329–4148. Avenue SW., Washington, DC 20591;
N D60–9078–06–01_01 or Technify P/N 52– telephone: 202–267–8783. The Order is
Issued in Kansas City, Missouri, on
7810–H0014 01, as required by this AD, do
October 17, 2016.
also available for inspection at the
not install an exhaust pipe listed in National Archives and Records
paragraph (c) of this AD. Pat Mullen,
Administration (NARA). For
Acting Manager, Small Airplane Directorate, information on the availability of FAA
(g) Other FAA AD Provisions Aircraft Certification Service.
The following provisions also apply to this
Order 7400.11A at NARA, call 202–741–
[FR Doc. 2016–25655 Filed 10–24–16; 8:45 am]
AD: 6030, or go to http://www.archives.gov/
BILLING CODE 4910–13–P federal_register/code_of_federal-
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office, regulations/ibr_locations.html.
FAA, has the authority to approve AMOCs FAA Order 7400.11, Airspace
for this AD, if requested using the procedures DEPARTMENT OF TRANSPORTATION
Designations and Reporting Points, is
found in 14 CFR 39.19. Send information to published yearly and effective on
ATTN: Mike Kiesov, Aerospace Engineer, Federal Aviation Administration
September 15.
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106; 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: Raul
telephone: (816) 329–4144; fax: (816) 329– Garza, Jr., Central Service Center,
[Docket No. FAA–2016–5045; Airspace
4090; email: mike.kiesov@faa.gov. Before Operations Support Group, Federal
Docket No. 16–AGL–10]
using any approved AMOC on any airplane Aviation Administration, Southwest
to which the AMOC applies, notify your Proposed Establishment of Class E Region, 10101 Hillwood Pkwy, Fort
appropriate principal inspector (PI) in the Worth, TX 76177; telephone: 817–222–
FAA Flight Standards District Office (FSDO),
Airspace; Drummond Island, MI
5874.
or lacking a PI, your local FSDO. AGENCY: Federal Aviation
(2) Airworthy Product: For any requirement SUPPLEMENTARY INFORMATION:
Administration (FAA), DOT.
in this AD to obtain corrective actions from Authority for This Rulemaking
a manufacturer or other source, use these ACTION: Notice of proposed rulemaking
actions if they are FAA-approved. Corrective (NPRM). The FAA’s authority to issue rules
actions are considered FAA-approved if they regarding aviation safety is found in
are approved by the State of Design Authority SUMMARY: This action proposes to Title 49 of the United States Code.
(or their delegated agent). You are required establish Class E en route domestic Subtitle I, Section 106 describes the
to assure the product is airworthy before it airspace at Drummond Island Airport, authority of the FAA Administrator.
is returned to service. Drummond Island, MI, to facilitate Subtitle VII, Aviation Programs,
(3) Reporting Requirements: For any vectoring of Instrument Flight Rules
reporting requirement in this AD, a federal describes in more detail the scope of the
(IFR) aircraft under control of agency’s authority. This rulemaking is
agency may not conduct or sponsor, and a Minneapolis Air Route Traffic Control
person is not required to respond to, nor promulgated under the authority
Center (ARTCC). The FAA is proposing described in Subtitle VII, Part A,
shall a person be subject to a penalty for
failure to comply with a collection of
this action to enhance the safety and Subpart I, Section 40103. Under that
information subject to the requirements of management of aircraft operations at section, the FAA is charged with
the Paperwork Reduction Act unless that Drummond Island Airport. prescribing regulations to assign the use
collection of information displays a current DATES: Comments must be received on of airspace necessary to ensure the
valid OMB Control Number. The OMB or before December 9, 2016. safety of aircraft and the efficient use of
Control Number for this information
ADDRESSES: Send comments on this airspace. This regulation is within the
collection is 2120–0056. Public reporting for
this collection of information is estimated to proposal to the U.S. Department of scope of that authority as it would
be approximately 5 minutes per response, Transportation, Docket Operations, 1200 establish Class E airspace in the
including the time for reviewing instructions, New Jersey Avenue SE., West Building Drummond Island, MI area.
completing and reviewing the collection of Ground Floor, Room W12–140,
information. All responses to this collection Washington, DC 20591: telephone 1 800 Comments Invited
of information are mandatory. Comments 617–5527, or 1 202 366–9826. You must Interested parties are invited to
concerning the accuracy of this burden and identify the docket number FAA–2016– participate in this proposed rulemaking
suggestions for reducing the burden should 5045/Airspace Docket No. 16–AGL–10, by submitting such written data, views,
be directed to the FAA at: 800 Independence or arguments, as they may desire.
at the beginning of your comments. You
Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, may also submit comments through the Comments that provide the factual basis
AES–200. Internet at http://www.regulations.gov. supporting the views and suggestions
You may review the public docket presented are particularly helpful in
(h) Related Information containing the proposal, any comments developing reasoned regulatory
Refer to MCAI European Aviation Safety received, and any final disposition in decisions on the proposal. Comments
mstockstill on DSK3G9T082PROD with PROPOSALS

Agency (EASA) AD No. 2016–0156, dated person in the Dockets Office between are specifically invited on the overall
August 2, 2016, for related information. You 9:00 a.m. and 5:00 p.m., Monday regulatory, aeronautical, economic,
may examine the MCAI on the Internet at environmental, and energy-related
through Friday, except Federal holidays.
http://www.regulations.gov by searching for
and locating Docket No. FAA–2016–9317. The Docket Office (telephone 1–800– aspects of the proposal.
For service information related to this AD, 647–5527), is on the ground floor of the Communications should identify both
contact Diamond Aircraft Industries GmbH, building at the above address. docket numbers and be submitted in
N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt, FAA Order 7400.11A, Airspace triplicate to the address listed above.
Austria, telephone: +43 2622 26700; fax: +43 Designations and Reporting Points, and Commenters wishing the FAA to

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Document Created: 2018-02-13 16:38:32
Document Modified: 2018-02-13 16:38:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking (NPRM).
Dates		We must receive comments on this proposed AD by December 9, 2016.
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: [email protected]
FR Citation		81 FR 73360
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

81 FR 73360 - Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 206 (October 25, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration