81_FR_74872 81 FR 74664 - Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes

81 FR 74664 - Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74664-74666
FR Document2016-25657

We are adopting a new airworthiness directive (AD) for all Diamond Aircraft Industries GmbH Models DA 40 NG, DA 42 NG, and DA 42 M-NG airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracked autopilot bridle cable clamps. We are issuing this AD to correct the unsafe condition on these products

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74664-74666]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25657]



[[Page 74664]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9318; Directorate Identifier 2016-CE-031-AD; 
Amendment 39-18695; AD 2016-22-06]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Diamond Aircraft Industries GmbH Models DA 40 NG, DA 42 NG, and DA 42 
M-NG airplanes. This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another country 
to identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as cracked autopilot bridle cable 
clamps. We are issuing this AD to correct the unsafe condition on these 
products

DATES: This AD is effective November 16, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 16, 
2016.
    We must receive comments on this AD by December 12, 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 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 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 locating Docket No. FAA-2016-9318.

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-
9318; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
(800) 647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2016-0190, dated September 26, 2016 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During an inspection of the pitch and roll control system of an 
aeroplane, cracked autopilot bridle cable clamps were discovered. 
Over[hyphen]torqueing has been determined as a possible reason for 
the cracking.
    This condition, if not corrected, could lead to detachment of 
the clamps from the control system, possibly resulting in reduced 
control of the aeroplane.
    To address this potential unsafe condition, Diamond Aircraft 
Industries (DAI) issued Recommended Service Bulletins DAI RSB 
40NG[hyphen]048, DAI RSB 42NG[hyphen]059 and DAI RSB 42NG[hyphen]059 
Revision 1. Later DAI issued Mandatory Service Bulletins DAI MSB 
40NG[hyphen]048 Revision 1 and DAI MSB 42NG[hyphen]059 Revision 2 
(referred to as `the applicable SB' in this AD) to provide 
inspection instructions. DAI also improved the clamp material in a 
redesign
    For the reasons described above, this AD requires repetitive 
inspections of the auto pilot bridle cable clamps, and replacement 
of clamps with redesigned clamps if cracks are found.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9318.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 40NG-048/1, dated September 9, 2016, Work Instruction WI-
MSB 40NG-048, Revision 1, dated September 9, 2016, Mandatory Service 
Bulletin MSB 42NG-059/2, dated September 9, 2016, and Work Instruction 
WI-MSB 42NG-059, Revision 2, dated September 9, 2016. In paired 
combinations, the mandatory service bulletins and work instructions 
describe procedures for inspecting the autopilot bridle cable clamps 
and replacing the clamps with redesigned clamps if cracks are found on 
the applicable airplane models. 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.

FAA's Determination and Requirements of This AD

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

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
cracked autopilot bridle cable clamp could cause detachment of the 
clamps from the control system and result in reduced control. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant

[[Page 74665]]

data, views, or arguments about this AD. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2016-9318; Directorate Identifier 2016-CE-031-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this AD. We 
will consider all comments received by the closing date and may amend 
this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 78 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic inspection requirement of this AD. The average 
labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $6,630, or $85 per product.
    In addition, we estimate that any necessary follow-on replacement 
actions will take about 1 work-hour and require parts costing $41 per 
autopilot bridle cable clamp. There are a total of 4 clamps per 
airplane. This AD requires replacing 2 clamps at a time, for a cost of 
$167 per product. We have no way of determining the number of products 
that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

2016-22-06 Diamond Aircraft Industries GmbH: Amendment 39-18695; 
Docket No. FAA-2016-9318; Directorate Identifier 2016-CE-031-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 16, 
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Diamond Aircraft Industries 
GmbH model airplanes certificated in any category.
    (1) Model DA 40 NG: Serial numbers 40.N260 through 40.N314;
    (2) Model DA 42 NG: Serial numbers 42.N150 through 42.N223; and
    (3) Model DA 42 M-NG: Serial numbers 42.MN035 through 42.MN052.

(d) Subject

    Air Transport Association of America (ATA) Code 22: Autopilot.

(e) Reason

    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. We are issuing this AD to detect and correct cracked 
autopilot bridle cable clamps, which could cause detachment of the 
clamps from the control system and could result in reduced control.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Within the next 25 hours time-in-service (TIS) after 
November 16, 2016 (the effective date of this AD) or within the next 
3 months after November 16, 2016 (the effective date of this AD), 
whichever occurs first, and repetitively thereafter at intervals not 
to exceed 200 hours TIS, inspect each autopilot bridle cable clamp, 
part numbers (P/Ns) D41-2213-10-53 and D41-2213-10-54. Do the 
inspections following the INSTRUCTIONS section of Diamond Aircraft 
Industries GmbH (DAI) Work Instruction WI-MSB 40NG-048, Revision 1, 
dated September 9, 2016, as specified in the Accomplishments/
Instructions paragraph of DAI Mandatory Service Bulletin MSB 40NG-
048/1, dated September 9, 2016, and the INSTRUCTIONS section of DAI 
Work Instruction WI-MSB 42NG-059, Revision 2, dated September 9, 
2016, as specified in the Accomplishments/Instructions paragraph of 
DAI Mandatory Service Bulletin MSB 42NG-059/2, dated September 9, 
2016, as applicable.

    Note 1 to paragraph (f)(1) of this AD:  The European Aviation 
Safety Agency (EASA) AD No. 2016-0190, dated September 26, 2016, and 
the DAI service bulletins referenced in paragraph (f)(1) of this AD 
allow the compliance time for the initial inspection of each 
autopilot bridle cable clamp to be extended from within the 25 hours 
time-in-service or within the next 3 months, whichever occurs first, 
to 200 hours TIS or 12 months, whichever occurs first, as long as 
the autopilot is deactivated. This AD does not allow for this 
extension.

    (2) If a crack is found in either autopilot bridle cable clamp 
during any inspection required in paragraph (f)(1) of this AD, 
before further flight, replace both autopilot bridle cable clamps 
with improved design autopilot bridle cable clamps, P/Ns D41-2213-
10-53_01 (or higher) and P/N D41-2213-10-54_01 (or higher). Do the 
replacements following the INSTRUCTIONS section of DAI Work 
Instruction WI-MSB 40NG-048, Revision 1, dated September 9, 2016, as 
specified in the Accomplishments/Instructions paragraph of DAI 
Mandatory Service Bulletin MSB 40NG-048/1, dated September 9, 2016, 
and the INSTRUCTIONS section of DAI Work Instruction WI-MSB 42NG-
059, Revision 2, dated September 9, 2016, as specified in the 
Accomplishments/Instructions paragraph of DAI Mandatory Service 
Bulletin MSB 42NG-

[[Page 74666]]

059/2, dated September 9, 2016, as applicable.
    (3) Installing improved design autopilot bridle cable clamps, P/
N D41-2213-10-53_01 (or higher) and P/N D41-2213-10-54_01 (or 
higher) terminates the repetitive inspections required in paragraph 
(f)(1) of this AD.
    (4) As of November 16, 2016 (the effective date of this AD), do 
not install autopilot bridle cable clamps, P/Ns D41-2213-10-53 and 
D41-2213-10-54.

(g) Credit for Actions Done Following Previous Service Information

    This AD allows credit for doing only the initial inspection 
action required in paragraph (f)(1) of this AD if done before 
November 16, 2016 (the effective date of this AD), following DAI 
Recommended Service Bulletin RSB 40NG-048, dated August 24, 2016, 
and DAI Recommended Service Bulletin RSB 42NG-059, dated June 30, 
2016, or DAI Recommended Service Bulletin RSB 42NG-059, Revision 1, 
dated August 24, 2016, as applicable.

(h) 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.

(i) Related Information

    Refer to MCAI EASA AD No. 2016-0190, dated September 26, 2016, 
DAI Recommended Service Bulletin RSB 40NG-048, dated August 24, 
2016, DAI Recommended Service Bulletin RSB 42NG-059, dated June 30, 
2016, and DAI Recommended Service Bulletin RSB 42NG-059, Revision 1, 
dated August 24, 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-2016-9318.

(j) 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 40NG-048/1, dated September 9, 2016.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
40NG-048, Revision 1, dated September 9, 2016.
    (iii) Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin MSB 42NG-059/2, dated September 9, 2016.
    (iv) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
42NG-059, Revision 2, dated September 9, 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: 
[email protected]; 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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2016-
9318.
    (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://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on October 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25657 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                74664            Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations

                                                DEPARTMENT OF TRANSPORTATION                            view this referenced service information              by searching for and locating Docket No.
                                                                                                        at the FAA, Small Airplane Directorate,               FAA–2016–9318.
                                                Federal Aviation Administration                         901 Locust, Kansas City, Missouri
                                                                                                                                                              Related Service Information Under 1
                                                                                                        64106. For information on the
                                                14 CFR Part 39                                                                                                CFR Part 51
                                                                                                        availability of this material at the FAA,
                                                                                                        call (816) 329–4148. It is also available               Diamond Aircraft Industries GmbH
                                                [Docket No. FAA–2016–9318; Directorate
                                                Identifier 2016–CE–031–AD; Amendment                    on the Internet at http://                            has issued Mandatory Service Bulletin
                                                39–18695; AD 2016–22–06]                                www.regulations.gov by searching for                  MSB 40NG–048/1, dated September 9,
                                                                                                        locating Docket No. FAA–2016–9318.                    2016, Work Instruction WI–MSB 40NG–
                                                RIN 2120–AA64                                                                                                 048, Revision 1, dated September 9,
                                                                                                        Examining the AD Docket                               2016, Mandatory Service Bulletin MSB
                                                Airworthiness Directives; Diamond                          You may examine the AD docket on                   42NG–059/2, dated September 9, 2016,
                                                Aircraft Industries GmbH Airplanes                      the Internet at http://                               and Work Instruction WI–MSB 42NG–
                                                AGENCY:  Federal Aviation                               www.regulations.gov by searching for                  059, Revision 2, dated September 9,
                                                Administration (FAA), Department of                     and locating Docket No. FAA–2016–                     2016. In paired combinations, the
                                                Transportation.                                         9318; or in person at the Docket                      mandatory service bulletins and work
                                                                                                        Management Facility between 9 a.m.                    instructions describe procedures for
                                                ACTION: Final rule; request for
                                                                                                        and 5 p.m., Monday through Friday,                    inspecting the autopilot bridle cable
                                                comments.
                                                                                                        except Federal holidays. The AD docket                clamps and replacing the clamps with
                                                SUMMARY:   We are adopting a new                        contains this AD, the regulatory                      redesigned clamps if cracks are found
                                                airworthiness directive (AD) for all                    evaluation, any comments received, and                on the applicable airplane models. This
                                                Diamond Aircraft Industries GmbH                        other information. The street address for             service information is reasonably
                                                Models DA 40 NG, DA 42 NG, and DA                       the Docket Office (telephone (800) 647–               available because the interested parties
                                                42 M–NG airplanes. This AD results                      5527) is in the ADDRESSES section.                    have access to it through their normal
                                                from mandatory continuing                               Comments will be available in the AD                  course of business or by the means
                                                airworthiness information (MCAI)                        docket shortly after receipt.                         identified in the ADDRESSES section of
                                                issued by the aviation authority of                     FOR FURTHER INFORMATION CONTACT:                      this AD.
                                                another country to identify and correct                 Mike Kiesov, Aerospace Engineer, FAA,
                                                                                                        Small Airplane Directorate, 901 Locust,               FAA’s Determination and Requirements
                                                an unsafe condition on an aviation
                                                                                                        Room 301, Kansas City, Missouri 64106;                of This AD
                                                product. The MCAI describes the unsafe
                                                condition as cracked autopilot bridle                   telephone: (816) 329–4144; fax: (816)                   This product has been approved by
                                                cable clamps. We are issuing this AD to                 329–4090; email: mike.kiesov@faa.gov.                 the aviation authority of another
                                                correct the unsafe condition on these                   SUPPLEMENTARY INFORMATION:                            country, and is approved for operation
                                                products                                                                                                      in the United States. Pursuant to our
                                                                                                        Discussion                                            bilateral agreement with this State of
                                                DATES:   This AD is effective November                     The European Aviation Safety Agency                Design Authority, they have notified us
                                                16, 2016.                                               (EASA), which is the Technical Agent                  of the unsafe condition described in the
                                                  The Director of the Federal Register                  for the Member States of the European                 MCAI and service information
                                                approved the incorporation by reference                 Community, has issued AD No. 2016–                    referenced above. We are issuing this
                                                of certain publications listed in this AD               0190, dated September 26, 2016                        AD because we evaluated all
                                                as of November 16, 2016.                                (referred to after this as ‘‘the MCAI’’), to          information provided by the State of
                                                  We must receive comments on this
                                                                                                        correct an unsafe condition for the                   Design Authority and determined the
                                                AD by December 12, 2016.
                                                                                                        specified products. The MCAI states:                  unsafe condition exists and is likely to
                                                ADDRESSES: You may send comments by                                                                           exist or develop on other products of the
                                                                                                          During an inspection of the pitch and roll
                                                any of the following methods:                                                                                 same type design.
                                                                                                        control system of an aeroplane, cracked
                                                  • Federal eRulemaking Portal: Go to                   autopilot bridle cable clamps were
                                                http://www.regulations.gov. Follow the                  discovered. Over-torqueing has been
                                                                                                                                                              FAA’s Determination of the Effective
                                                instructions for submitting comments.                   determined as a possible reason for the               Date
                                                  • Fax: (202) 493–2251.                                cracking.                                                An unsafe condition exists that
                                                  • Mail: U.S. Department of                              This condition, if not corrected, could lead        requires the immediate adoption of this
                                                Transportation, Docket Operations, M–                   to detachment of the clamps from the control          AD. The FAA has found that the risk to
                                                30, West Building Ground Floor, Room                    system, possibly resulting in reduced control
                                                                                                        of the aeroplane.
                                                                                                                                                              the flying public justifies waiving notice
                                                W12–140, 1200 New Jersey Avenue SE.,                      To address this potential unsafe condition,         and comment prior to adoption of this
                                                Washington, DC 20590.                                   Diamond Aircraft Industries (DAI) issued              rule because cracked autopilot bridle
                                                   • Hand Delivery: U.S. Department of                  Recommended Service Bulletins DAI RSB                 cable clamp could cause detachment of
                                                Transportation, Docket Operations, M–                   40NG-048, DAI RSB 42NG-059 and DAI RSB                the clamps from the control system and
                                                30, West Building Ground Floor, Room                    42NG-059 Revision 1. Later DAI issued                 result in reduced control. Therefore, we
                                                W12–140, 1200 New Jersey Avenue SE.,                    Mandatory Service Bulletins DAI MSB                   determined that notice and opportunity
                                                Washington, DC 20590, between 9 a.m.                    40NG-048 Revision 1 and DAI MSB
                                                                                                        42NG-059 Revision 2 (referred to as ‘the
                                                                                                                                                              for public comment before issuing this
                                                and 5 p.m., Monday through Friday,                                                                            AD are impracticable and that good
                                                                                                        applicable SB’ in this AD) to provide
                                                except Federal holidays.                                inspection instructions. DAI also improved            cause exists for making this amendment
                                                   For service information identified in                the clamp material in a redesign                      effective in fewer than 30 days.
jstallworth on DSK7TPTVN1PROD with RULES




                                                this AD, contact Diamond Aircraft                         For the reasons described above, this AD
                                                Industries GmbH, N.A. Otto-Stra+e 5,                    requires repetitive inspections of the auto           Comments Invited
                                                A–2700 Wiener Neustadt, Austria,                        pilot bridle cable clamps, and replacement of           This AD is a final rule that involves
                                                telephone: +43 2622 26700; fax: +43                     clamps with redesigned clamps if cracks are           requirements affecting flight safety, and
                                                2622 26780; email: office@diamond-                      found.                                                we did not precede it by notice and
                                                air.at; Internet: http://                                 You may examine the MCAI on the                     opportunity for public comment. We
                                                www.diamondaircraft.com. You may                        Internet at http://www.regulations.gov                invite you to send any written relevant


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                                                                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations                                           74665

                                                data, views, or arguments about this AD.                Regulatory Findings                                   (d) Subject
                                                Send your comments to an address                                                                                Air Transport Association of America
                                                                                                          We determined that this AD will not
                                                listed under the ADDRESSES section.                                                                           (ATA) Code 22: Autopilot.
                                                                                                        have federalism implications under
                                                Include ‘‘Docket No. FAA–2016–9318;                                                                           (e) Reason
                                                                                                        Executive Order 13132. This AD will
                                                Directorate Identifier 2016–CE–031–
                                                                                                        not have a substantial direct effect on                  This AD was prompted by mandatory
                                                AD’’ at the beginning of your comments.
                                                                                                        the States, on the relationship between               continuing airworthiness information (MCAI)
                                                We specifically invite comments on the
                                                                                                        the national government and the States,               issued by the aviation authority of another
                                                overall regulatory, economic,                                                                                 country to identify and correct an unsafe
                                                                                                        or on the distribution of power and
                                                environmental, and energy aspects of                                                                          condition on an aviation product. We are
                                                                                                        responsibilities among the various
                                                this AD. We will consider all comments                                                                        issuing this AD to detect and correct cracked
                                                                                                        levels of government.
                                                received by the closing date and may                                                                          autopilot bridle cable clamps, which could
                                                amend this AD because of those                            For the reasons discussed above, I                  cause detachment of the clamps from the
                                                comments.                                               certify that this AD:                                 control system and could result in reduced
                                                                                                          (1) Is not a ‘‘significant regulatory               control.
                                                   We will post all comments we
                                                                                                        action’’ under Executive Order 12866,
                                                receive, without change, to http://                                                                           (f) Actions and Compliance
                                                www.regulations.gov, including any                        (2) Is not a ‘‘significant rule’’ under
                                                                                                                                                                 Unless already done, do the following
                                                personal information you provide. We                    the DOT Regulatory Policies and
                                                                                                                                                              actions.
                                                will also post a report summarizing each                Procedures (44 FR 11034, February 26,                    (1) Within the next 25 hours time-in-
                                                substantive verbal contact we receive                   1979),                                                service (TIS) after November 16, 2016 (the
                                                about this AD.                                            (3) Will not affect intrastate aviation             effective date of this AD) or within the next
                                                                                                        in Alaska, and                                        3 months after November 16, 2016 (the
                                                Costs of Compliance                                       (4) Will not have a significant                     effective date of this AD), whichever occurs
                                                                                                        economic impact, positive or negative,                first, and repetitively thereafter at intervals
                                                  We estimate that this AD will affect                                                                        not to exceed 200 hours TIS, inspect each
                                                78 products of U.S. registry. We also                   on a substantial number of small entities
                                                                                                                                                              autopilot bridle cable clamp, part numbers
                                                estimate that it will take about 1 work-                under the criteria of the Regulatory                  (P/Ns) D41–2213–10–53 and D41–2213–10–
                                                hour per product to comply with the                     Flexibility Act.                                      54. Do the inspections following the
                                                basic inspection requirement of this AD.                List of Subjects in 14 CFR Part 39                    INSTRUCTIONS section of Diamond Aircraft
                                                The average labor rate is $85 per work-                                                                       Industries GmbH (DAI) Work Instruction WI–
                                                hour.                                                     Air transportation, Aircraft, Aviation              MSB 40NG–048, Revision 1, dated September
                                                                                                        safety, Incorporation by reference,                   9, 2016, as specified in the
                                                  Based on these figures, we estimate                                                                         Accomplishments/Instructions paragraph of
                                                                                                        Safety.
                                                the cost of this AD on U.S. operators to                                                                      DAI Mandatory Service Bulletin MSB 40NG–
                                                be $6,630, or $85 per product.                          Adoption of the Amendment                             048/1, dated September 9, 2016, and the
                                                  In addition, we estimate that any                                                                           INSTRUCTIONS section of DAI Work
                                                                                                          Accordingly, under the authority                    Instruction WI–MSB 42NG–059, Revision 2,
                                                necessary follow-on replacement actions                 delegated to me by the Administrator,                 dated September 9, 2016, as specified in the
                                                will take about 1 work-hour and require                 the FAA amends 14 CFR part 39 as                      Accomplishments/Instructions paragraph of
                                                parts costing $41 per autopilot bridle                  follows:                                              DAI Mandatory Service Bulletin MSB 42NG–
                                                cable clamp. There are a total of 4                                                                           059/2, dated September 9, 2016, as
                                                clamps per airplane. This AD requires                   PART 39—AIRWORTHINESS                                 applicable.
                                                replacing 2 clamps at a time, for a cost                DIRECTIVES                                               Note 1 to paragraph (f)(1) of this AD: The
                                                of $167 per product. We have no way                                                                           European Aviation Safety Agency (EASA) AD
                                                of determining the number of products                   ■ 1. The authority citation for part 39               No. 2016–0190, dated September 26, 2016,
                                                that may need these actions.                            continues to read as follows:                         and the DAI service bulletins referenced in
                                                                                                                                                              paragraph (f)(1) of this AD allow the
                                                Authority for This Rulemaking                               Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                                                                                                                              compliance time for the initial inspection of
                                                                                                        § 39.13    [Amended]                                  each autopilot bridle cable clamp to be
                                                   Title 49 of the United States Code                                                                         extended from within the 25 hours time-in-
                                                specifies the FAA’s authority to issue                  ■ 2. The FAA amends § 39.13 by adding                 service or within the next 3 months,
                                                rules on aviation safety. Subtitle I,                   the following new AD:                                 whichever occurs first, to 200 hours TIS or
                                                section 106, describes the authority of                                                                       12 months, whichever occurs first, as long as
                                                the FAA Administrator. ‘‘Subtitle VII:                  2016–22–06 Diamond Aircraft Industries                the autopilot is deactivated. This AD does
                                                                                                            GmbH: Amendment 39–18695; Docket
                                                Aviation Programs,’’ describes in more                      No. FAA–2016–9318; Directorate
                                                                                                                                                              not allow for this extension.
                                                detail the scope of the Agency’s                            Identifier 2016–CE–031–AD.                           (2) If a crack is found in either autopilot
                                                authority.                                                                                                    bridle cable clamp during any inspection
                                                                                                        (a) Effective Date                                    required in paragraph (f)(1) of this AD, before
                                                   We are issuing this rulemaking under
                                                                                                           This airworthiness directive (AD) becomes          further flight, replace both autopilot bridle
                                                the authority described in ‘‘Subtitle VII,                                                                    cable clamps with improved design autopilot
                                                Part A, Subpart III, section 44701:                     effective November 16, 2016.
                                                                                                                                                              bridle cable clamps, P/Ns D41–2213–10–53_
                                                General requirements.’’ Under that                      (b) Affected ADs                                      01 (or higher) and P/N D41–2213–10–54_01
                                                section, Congress charges the FAA with                    None.                                               (or higher). Do the replacements following
                                                promoting safe flight of civil aircraft in                                                                    the INSTRUCTIONS section of DAI Work
                                                air commerce by prescribing regulations                 (c) Applicability                                     Instruction WI–MSB 40NG–048, Revision 1,
                                                for practices, methods, and procedures                     This AD applies to the following Diamond           dated September 9, 2016, as specified in the
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                                                the Administrator finds necessary for                   Aircraft Industries GmbH model airplanes              Accomplishments/Instructions paragraph of
                                                                                                        certificated in any category.                         DAI Mandatory Service Bulletin MSB 40NG–
                                                safety in air commerce. This regulation
                                                                                                           (1) Model DA 40 NG: Serial numbers                 048/1, dated September 9, 2016, and the
                                                is within the scope of that authority                   40.N260 through 40.N314;                              INSTRUCTIONS section of DAI Work
                                                because it addresses an unsafe condition                   (2) Model DA 42 NG: Serial numbers                 Instruction WI–MSB 42NG–059, Revision 2,
                                                that is likely to exist or develop on                   42.N150 through 42.N223; and                          dated September 9, 2016, as specified in the
                                                products identified in this rulemaking                     (3) Model DA 42 M–NG: Serial numbers               Accomplishments/Instructions paragraph of
                                                action.                                                 42.MN035 through 42.MN052.                            DAI Mandatory Service Bulletin MSB 42NG–



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                                                74666            Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations

                                                059/2, dated September 9, 2016, as                      Information Collection Clearance Officer,             DEPARTMENT OF TRANSPORTATION
                                                applicable.                                             AES–200.
                                                  (3) Installing improved design autopilot                                                                    Federal Aviation Administration
                                                bridle cable clamps, P/N D41–2213–10–53_                (i) Related Information
                                                01 (or higher) and P/N D41–2213–10–54_01                  Refer to MCAI EASA AD No. 2016–0190,                14 CFR Part 39
                                                (or higher) terminates the repetitive                   dated September 26, 2016, DAI
                                                inspections required in paragraph (f)(1) of             Recommended Service Bulletin RSB 40NG–                [Docket No. FAA–2016–6123; Directorate
                                                this AD.                                                048, dated August 24, 2016, DAI                       Identifier 2016–CE–007–AD; Amendment
                                                  (4) As of November 16, 2016 (the effective                                                                  39–18690; AD 2016–22–01]
                                                                                                        Recommended Service Bulletin RSB 42NG–
                                                date of this AD), do not install autopilot
                                                bridle cable clamps, P/Ns D41–2213–10–53                059, dated June 30, 2016, and DAI                     RIN 2120–AA64
                                                and D41–2213–10–54.                                     Recommended Service Bulletin RSB 42NG–
                                                                                                        059, Revision 1, dated August 24, 2016, for           Airworthiness Directives; Schempp-
                                                (g) Credit for Actions Done Following                   related information. You may examine the              Hirth Flugzeugbau GmbH Gliders
                                                Previous Service Information                            MCAI on the Internet at http://
                                                   This AD allows credit for doing only the                                                                   AGENCY:  Federal Aviation
                                                                                                        www.regulations.gov by searching for and
                                                initial inspection action required in                                                                         Administration (FAA), Department of
                                                                                                        locating Docket No. FAA–2016–9318.
                                                paragraph (f)(1) of this AD if done before                                                                    Transportation (DOT).
                                                November 16, 2016 (the effective date of this           (j) Material Incorporated by Reference                ACTION: Final rule.
                                                AD), following DAI Recommended Service                     (1) The Director of the Federal Register
                                                Bulletin RSB 40NG–048, dated August 24,                 approved the incorporation by reference               SUMMARY:   We are adopting a new
                                                2016, and DAI Recommended Service                                                                             airworthiness directive (AD) for
                                                                                                        (IBR) of the service information listed in this
                                                Bulletin RSB 42NG–059, dated June 30, 2016,                                                                   Schempp-Hirth Flugzeugbau GmbH
                                                or DAI Recommended Service Bulletin RSB                 paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                        part 51.                                              Models Discus–2a, Discus–2b, Discus–
                                                42NG–059, Revision 1, dated August 24,                                                                        2c, Discus 2cT, Ventus–2a, and Ventus–
                                                2016, as applicable.                                       (2) You must use this service information
                                                                                                        as applicable to do the actions required by           2b gliders. This AD results from
                                                (h) Other FAA AD Provisions                             this AD, unless this AD specifies otherwise.          mandatory continuing airworthiness
                                                   The following provisions also apply to this             (i) Diamond Aircraft Industries GmbH               information (MCAI) issued by an
                                                AD:                                                     Mandatory Service Bulletin MSB 40NG–048/              aviation authority of another country to
                                                   (1) Alternative Methods of Compliance                1, dated September 9, 2016.                           identify and correct an unsafe condition
                                                (AMOCs): The Manager, Standards Office,                    (ii) Diamond Aircraft Industries GmbH              on an aviation product. The MCAI
                                                FAA, has the authority to approve AMOCs                                                                       describes the unsafe condition
                                                                                                        Work Instruction WI–MSB 40NG–048,
                                                for this AD, if requested using the procedures                                                                insufficient overlap of the airbrake
                                                found in 14 CFR 39.19. Send information to              Revision 1, dated September 9, 2016.
                                                ATTN: Mike Kiesov, Aerospace Engineer,                     (iii) Diamond Aircraft Industries GmbH             panels. We are issuing this AD to correct
                                                FAA, Small Airplane Directorate, 901 Locust,            Mandatory Service Bulletin MSB 42NG–059/              the unsafe condition on these products.
                                                Room 301, Kansas City, Missouri 64106;                  2, dated September 9, 2016.                           DATES: This AD is effective December 1,
                                                telephone: (816) 329–4144; fax: (816) 329–                 (iv) Diamond Aircraft Industries GmbH              2016.
                                                4090; email: mike.kiesov@faa.gov. Before                Work Instruction WI–MSB 42NG–059,                        The Director of the Federal Register
                                                using any approved AMOC on any airplane                 Revision 2, dated September 9, 2016.                  approved the incorporation by reference
                                                to which the AMOC applies, notify your                     (3) For Diamond Aircraft Industries GmbH           of certain publications listed in the AD
                                                appropriate principal inspector (PI) in the             service information identified in this AD,            as of December 1, 2016.
                                                FAA Flight Standards District Office (FSDO),            contact Diamond Aircraft Industries GmbH,
                                                or lacking a PI, your local FSDO.                                                                             ADDRESSES: You may examine the AD
                                                                                                        N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt,           docket on the Internet at http://
                                                   (2) Airworthy Product: For any requirement
                                                in this AD to obtain corrective actions from            Austria, telephone: +43 2622 26700; fax: +43          www.regulations.gov by searching for
                                                a manufacturer or other source, use these               2622 26780; email: office@diamond-air.at;             and locating Docket No. FAA–2016–
                                                actions if they are FAA-approved. Corrective            Internet: http://www.diamondaircraft.com.
                                                                                                                                                              6123; or in person at Document
                                                actions are considered FAA-approved if they                (4) You may view this service information
                                                                                                                                                              Management Facility, U.S. Department
                                                are approved by the State of Design Authority           at the FAA, Small Airplane Directorate, 901
                                                                                                                                                              of Transportation, Docket Operations,
                                                (or their delegated agent). You are required            Locust, Kansas City, Missouri 64106. For
                                                to assure the product is airworthy before it
                                                                                                                                                              M–30, West Building Ground Floor,
                                                                                                        information on the availability of this
                                                is returned to service.                                                                                       Room W12–140, 1200 New Jersey
                                                                                                        material at the FAA, call (816) 329–4148. It
                                                   (3) Reporting Requirements: For any                                                                        Avenue SE., Washington, DC 20590.
                                                                                                        is also available on the Internet at http://
                                                reporting requirement in this AD, a federal                                                                      For service information identified in
                                                                                                        www.regulations.gov by searching for
                                                agency may not conduct or sponsor, and a                                                                      this AD, contact Schempp-Hirth
                                                                                                        locating Docket No. FAA–2016–9318.
                                                person is not required to respond to, nor                                                                     Flugzeugbau GmbH, Krebenstrasse 25,
                                                                                                           (5) You may view this service information
                                                shall a person be subject to a penalty for                                                                    73230 Kirchheim/Teck, Germany;
                                                failure to comply with a collection of                  that is incorporated by reference at the
                                                                                                        National Archives and Records
                                                                                                                                                              telephone: +49 7021 7298–0; fax: +49
                                                information subject to the requirements of                                                                    7021 7298–199; email: info@schempp-
                                                the Paperwork Reduction Act unless that                 Administration (NARA). For information on
                                                                                                        the availability of this material at NARA, call       hirth.com; Internet: http://
                                                collection of information displays a current
                                                valid OMB Control Number. The OMB                       202–741–6030, or go to: http://                       www.schempp-hirth.com. You may
                                                Control Number for this information                     www.archives.gov/federal-register/cfr/ibr-            view this referenced service information
                                                collection is 2120–0056. Public reporting for           locations.html.                                       at the FAA, Small Airplane Directorate,
                                                this collection of information is estimated to                                                                901 Locust, Kansas City, Missouri
                                                be approximately 5 minutes per response,                  Issued in Kansas City, Missouri on October          64106. For information on the
                                                                                                        17, 2016.
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                                                including the time for reviewing instructions,                                                                availability of this material at the FAA,
                                                completing and reviewing the collection of              Pat Mullen,                                           call (816) 329–4148. It is also available
                                                information. All responses to this collection           Acting Manager, Small Airplane Directorate,           on the Internet at http://
                                                of information are mandatory. Comments                  Aircraft Certification Service.                       www.regulations.gov by searching for
                                                concerning the accuracy of this burden and
                                                suggestions for reducing the burden should              [FR Doc. 2016–25657 Filed 10–26–16; 8:45 am]          Docket No. FAA–2016–6123.
                                                be directed to the FAA at: 800 Independence             BILLING CODE 4910–13–P                                FOR FURTHER INFORMATION CONTACT: Jim
                                                Ave. SW., Washington, DC 20591, Attn:                                                                         Rutherford, Aerospace Engineer, FAA,


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Document Created: 2016-10-27 01:53:04
Document Modified: 2016-10-27 01:53:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD is effective November 16, 2016.
ContactMike 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 Citation81 FR 74664 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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