81 FR 78708 - Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 217 (November 9, 2016)

Page Range		78708-78711
FR Document		2016-26808
We are adopting a new airworthiness directive (AD) for all Diamond Aircraft Industries GmbH Model DA 40 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 possible loss of engine power and emergency landing with consequent damage to the airplane and occupant injury caused by a manufacturing quality deficiency in a batch of V-clamps that could cause the V-clamp to crack and fail. We are issuing this AD to require actions to address the unsafe condition on these products.
Federal Register, Volume 81 Issue 217 (Wednesday, November 9, 2016)
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Rules and Regulations]
[Pages 78708-78711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26808]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9369; Directorate Identifier 2016-CE-034-AD; 
Amendment 39-18710; AD 2016-23-03]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Diamond Aircraft Industries GmbH Model DA 40 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 possible loss of engine power and emergency 
landing with consequent damage to the airplane and occupant injury 
caused by a manufacturing quality deficiency in a batch of V-clamps 
that could cause the V-clamp to crack and fail. We are issuing this AD 
to require actions to address the unsafe condition on these products.

DATES: This AD is effective November 29, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 29, 
2016.
    We must receive comments on this AD by December 27, 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-2016-9369.

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-
9369; 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

[[Page 78709]]

for the Member States of the European Community, has issued AD No. 
2016-0203, dated October 10, 2016 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Failures of V-clamps, Part Number (P/N) E4A-41-000-002, 
installed on the turbochargers, have been reported on DA 40 NG 
aeroplanes. One of the failures resulted in engine power loss and 
subsequent emergency landing. Preliminary investigations identified 
a manufacturing quality deficiency in a batch of V-clamps as the 
possible cause of these failures.
    This condition, if not detected and corrected, could lead to 
further occurrences of engine power loss, possibly resulting in an 
emergency landing with consequent damage to the aeroplane and injury 
to occupants.
    To address this potential unsafe condition, DAI designed an 
improved V-clamp, P/N D44-9081-26-03, and issued Mandatory Service 
Bulletin (MSB) 40NG-046 (later revised), providing instructions to 
identify all the parts suspected to be part of the affected batch, 
and to replace these with the new V-clamp. The MSB also introduces 
repetitive inspections of all turbocharger V-clamps, irrespective of 
P/N.
    For the reasons described above, this AD requires repetitive 
visual inspections of the V-clamps and, depending on findings, 
replacement. This AD also requires replacement of certain V-clamps 
with improved clamps.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-9369.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin MSB 40NG-046/2, dated July 22, 2016, and Work Instruction WI-
MSB 40NG-046, dated July 14, 2016. In combination, this service 
information describes procedures for inspecting the V-clamp for cracks 
and for correct installation and for replacing cracked and incorrectly 
installed V-clamps with parts of improved design. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section of this AD.

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 a 
manufacturing quality deficiency in a batch of V-clamps could cause the 
V-clamp to crack and fail. Failure of the V-clamp could result in loss 
of engine power and possible emergency landing, which could result in 
damage to the airplane and occupant injury. 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 data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2016-9369; Directorate 
Identifier 2016-CE-034-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 22 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the inspection requirements of this AD. The average labor 
rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the inspection in 
this AD on U.S. operators to be $1,870, or $85 per product.
    We also estimate that it will take about 1 work-hour per product to 
comply with the replacement requirement of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $75 per 
product.
    Based on these figures, we estimate the cost of the replacement in 
this AD on U.S. operators to be $3,520, or $160 per product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to 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 control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is 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.

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

[[Page 78710]]

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:

2016-23-03 Diamond Aircraft Industries GmbH: Amendment 39-18710; 
Docket No. FAA-2016-9369; Directorate Identifier 2016-CE-034-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 29, 
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model DA 40 
NG airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 81: 
Turbocharging.

(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. The MCAI describes the unsafe condition as manufacturing 
quality deficiency in a batch of V-clamps that could cause the V-
clamp to crack and fail. We are issuing this AD to prevent failure 
of the V-clamp and possible loss of engine power, which could result 
in emergency landing with consequent damage to the airplane and 
occupant injury.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Within the next 50 hours time-in-service (TIS) after 
November 29, 2016 (the effective date of this AD) or within the next 
2 months after November 29, 2016 (the effective date of this AD), 
whichever occurs first, and repetitively thereafter at intervals not 
to exceed 100 hours TIS, inspect the V-clamp following the 
Instructions section in Diamond Aircraft Industries GmbH (DAI) Work 
Instruction WI-MSB 40NG-046, dated July 14, 2016, as specified in 
DAI Mandatory Service Bulletin MSB 40NG-046/2, dated July 22, 2016.
    (2) If any crack or incorrect installation is found during any 
inspection required in paragraph (f)(1) of this AD, before further 
flight, replace the V-clamp with an improved V-clamp, P/N D44-9081-
26-03. After this replacement, continue with the 100 hour TIS 
repetitive inspection required in paragraph (f)(1) of this AD. Do 
the replacement following the Instructions section in Diamond 
Aircraft Industries GmbH (DAI) Work Instruction WI-MSB 40NG-046, 
dated July 14, 2016, as specified in DAI Mandatory Service Bulletin 
MSB 40NG-046/2, dated July 22, 2016.
    (3) Unless already replaced as required in paragraph (f)(2) of 
this AD, within the next 100 hours TIS after November 29, 2016 (the 
effective date of this AD) or within the next 4 months after 
November 29, 2016 (the effective date of this AD), whichever occurs 
first, replace P/N E4A-41-000-002 V-clamp with an improved P/N D44-
9081-26-03 V-clamp. After this replacement, continue with the 100 
hour TIS repetitive inspection required in paragraph (f)(1) of this 
AD. Do the replacement following the Instructions section in Diamond 
Aircraft Industries GmbH (DAI) Work Instruction WI-MSB 40NG-046, 
dated July 14, 2016, as specified in DAI Mandatory Service Bulletin 
MSB 40NG-046/2, dated July 22, 2016.
    (4) Within 10 days after each inspection required in paragraph 
(f)(1) of this AD, report the results to DAI at the address in 
paragraph (i)(3) of this AD using the Execution Report on page 3 of 
DAI Mandatory Service Bulletin MSB 40NG-046/2, dated July 22, 2016. 
If the initial inspection was done before November 29, 2016 (the 
effective date of this AD), then the report for this inspection is 
required within 10 days after November 29, 2016 (the effective date 
of this AD).
    (5) At the following compliance times, installing a V-clamp P/N 
E4A-41-000-002 is prohibited.
    (i) Anytime a P/N E4A-41-000-002 V-clamp is replaced with an 
improved P/N D44-9081-126-03 V-clamp, as required by paragraphs 
(f)(2) and (3) of this AD; and
    (ii) As of November 29, 2016 (the effective date of this AD), if 
a P/N E4A-41-000-002 V-clamp is not currently installed.

(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. 
2016-0203, dated October 10, 2016, and Diamond Aircraft Temporary 
Revision AMM-TR-M[Auml]M 40-853/b, dated July 15, 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-
2016-9369.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin 
MSB 40NG-046/2, dated July 22, 2016.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB 
40NG-046, dated July 14, 2016.
    (3) For Diamond Aircraft Industries GmbH service information 
identified in this AD,

[[Page 78711]]

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-
9369.
    (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 31, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-26808 Filed 11-8-16; 8:45 am]
 BILLING CODE 4910-13-P
78708 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations

following special conditions as part of (ii) Amber or yellow for caution alert The Director of the Federal Register
the type certification basis for Bell indications. approved the incorporation by reference
Helicopter Textron, Inc., Model 525 (iii) Any color except red, amber, of certain publications listed in this AD
helicopters. yellow, or green for advisory alert as of November 29, 2016.
indications. We must receive comments on this
Flightcrew Alerting (2) Use visual coding techniques, AD by December 27, 2016.
(a) Flightcrew alerts must: together with other alerting function ADDRESSES: You may send comments by
(1) Provide the flightcrew with the elements in the cockpit, to distinguish any of the following methods:
information needed to: between warning, caution, and advisory • Federal eRulemaking Portal: Go to
(i) Identify non-normal operation or alert indications, if they are presented http://www.regulations.gov. Follow the
aircraft system conditions, and on monochromatic displays that are not instructions for submitting comments.
(ii) Determine the appropriate actions, capable of conforming to the color • Fax: (202) 493–2251.
if any. convention in paragraph (e)(1) of these • Mail: U.S. Department of
(2) Be readily and easily detectable special conditions. Transportation, Docket Operations, M–
and intelligible by the flightcrew under (f) Use of the colors red, amber, and 30, West Building Ground Floor, Room
all foreseeable operating conditions, yellow in the cockpit for functions other W12–140, 1200 New Jersey Avenue SE.,
including conditions where multiple than flightcrew alerting must be limited Washington, DC 20590.
alerts are provided. and must not adversely affect flightcrew • Hand Delivery: U.S. Department of
(3) Be removed when the alerting alerting. Transportation, Docket Operations, M–
condition no longer exists. 30, West Building Ground Floor, Room
Issued in Fort Worth, Texas, on November
(b) Alerts must conform to the W12–140, 1200 New Jersey Avenue SE.,
3, 2016.
following prioritization hierarchy based Washington, DC 20590, between 9 a.m.
Lance Gant,
on the urgency of flightcrew awareness and 5 p.m., Monday through Friday,
and response. Manager, Rotorcraft Directorate, Aircraft except Federal holidays.
Certification Service. For service information identified in
(1) Warning: For conditions that
require immediate flightcrew awareness [FR Doc. 2016–27088 Filed 11–8–16; 8:45 am] this AD, contact Diamond Aircraft
and immediate flightcrew response. BILLING CODE 4910–13–P Industries GmbH, N.A. Otto-Stra+e 5,
(2) Caution: For conditions that A–2700 Wiener Neustadt, Austria,
require immediate flightcrew awareness telephone: +43 2622 26700; fax: +43
and subsequent flightcrew response. DEPARTMENT OF TRANSPORTATION 2622 26780; email: office@diamond-
(3) Advisory: For conditions that air.at; Internet: http://
Federal Aviation Administration www.diamondaircraft.com. You may
require flightcrew awareness and may
require subsequent flightcrew response. view this referenced service information
14 CFR Part 39 at the FAA, Small Airplane Directorate,
(c) Warning and caution alerts must:
(1) Be prioritized within each [Docket No. FAA–2016–9369; Directorate 901 Locust, Kansas City, Missouri
category, when necessary. Identifier 2016–CE–034–AD; Amendment 64106. For information on the
(2) Provide timely attention-getting 39–18710; AD 2016–23–03] availability of this material at the FAA,
cues through at least two different RIN 2120–AA64 call (816) 329–4148. It is also available
senses by a combination of aural, visual, on the Internet at http://
or tactile indications. Airworthiness Directives; Diamond www.regulations.gov by searching for
(3) Permit each occurrence of the Aircraft Industries GmbH Airplanes locating Docket No. FAA–2016–9369.
attention-getting cues required by
AGENCY: Federal Aviation Examining the AD Docket
paragraph (c)(2) of these special
conditions to be acknowledged and Administration (FAA), DOT. You may examine the AD docket on
suppressed, unless they are required to ACTION: Final rule; request for the Internet at http://
be continuous. comments. www.regulations.gov by searching for
(d) The alert function must be and locating Docket No. FAA–2016–
SUMMARY: We are adopting a new 9369; or in person at the Docket
designed to minimize the effects of false
airworthiness directive (AD) for all Management Facility between 9 a.m.
and nuisance alerts. In particular, it
Diamond Aircraft Industries GmbH and 5 p.m., Monday through Friday,
must be designed to:
Model DA 40 NG airplanes. This AD except Federal holidays. The AD docket
(1) Prevent the presentation of an alert
results from mandatory continuing contains this AD, the regulatory
that is inappropriate or unnecessary.
airworthiness information (MCAI) evaluation, any comments received, and
(2) Provide a means to suppress an
issued by the aviation authority of other information. The street address for
attention-getting component of an alert
another country to identify and correct the Docket Office (telephone (800) 647–
caused by a failure of the alerting
an unsafe condition on an aviation 5527) is in the ADDRESSES section.
function that interferes with the
product. The MCAI describes the unsafe Comments will be available in the AD
flightcrew’s ability to safely operate the
condition as possible loss of engine docket shortly after receipt.
helicopter. This means must not be
power and emergency landing with
readily available to the flightcrew so FOR FURTHER INFORMATION CONTACT:
consequent damage to the airplane and Mike Kiesov, Aerospace Engineer, FAA,
that it could be operated inadvertently
occupant injury caused by a Small Airplane Directorate, 901 Locust,
or by habitual reflexive action. When an
manufacturing quality deficiency in a Room 301, Kansas City, Missouri 64106;
alert is suppressed, there must be a clear
jstallworth on DSK7TPTVN1PROD with RULES

batch of V-clamps that could cause the telephone: (816) 329–4144; fax: (816)
and unmistakable annunciation to the
V-clamp to crack and fail. We are 329–4090; email: mike.kiesov@faa.gov.
flightcrew that the alert has been
issuing this AD to require actions to
suppressed. SUPPLEMENTARY INFORMATION:
(e) Visual alert indications must: address the unsafe condition on these
(1) Conform to the following color products. Discussion
convention: DATES: This AD is effective November The European Aviation Safety Agency
(i) Red for warning alert indications. 29, 2016. (EASA), which is the Technical Agent

VerDate Sep<11>2014 14:34 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1
Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations 78709

for the Member States of the European AD because we evaluated all requirement of this AD. The average
Community, has issued AD No. 2016– information provided by the State of labor rate is $85 per work-hour.
0203, dated October 10, 2016 (referred Design Authority and determined the Required parts will cost about $75 per
to after this as ‘‘the MCAI’’), to correct unsafe condition exists and is likely to product.
an unsafe condition for the specified exist or develop on other products of the Based on these figures, we estimate
products. The MCAI states: same type design. the cost of the replacement in this AD
Failures of V-clamps, Part Number (P/N)
on U.S. operators to be $3,520, or $160
FAA’s Determination of the Effective per product.
E4A–41–000–002, installed on the Date
turbochargers, have been reported on DA 40 Paperwork Reduction Act
NG aeroplanes. One of the failures resulted An unsafe condition exists that
in engine power loss and subsequent requires the immediate adoption of this A federal agency may not conduct or
emergency landing. Preliminary AD. The FAA has found that the risk to sponsor, and a person is not required to
investigations identified a manufacturing the flying public justifies waiving notice respond to, nor shall a person be subject
quality deficiency in a batch of V-clamps as and comment prior to adoption of this to penalty for failure to comply with a
the possible cause of these failures. collection of information subject to the
rule because a manufacturing quality
This condition, if not detected and requirements of the Paperwork
corrected, could lead to further occurrences deficiency in a batch of V-clamps could
of engine power loss, possibly resulting in an cause the V-clamp to crack and fail. Reduction Act unless that collection of
emergency landing with consequent damage Failure of the V-clamp could result in information displays a current valid
to the aeroplane and injury to occupants. loss of engine power and possible OMB control number. The control
To address this potential unsafe condition, emergency landing, which could result number for the collection of information
DAI designed an improved V-clamp, P/N in damage to the airplane and occupant required by this AD is 2120–0056. The
D44–9081–26–03, and issued Mandatory injury. Therefore, we determined that paperwork cost associated with this AD
Service Bulletin (MSB) 40NG–046 (later notice and opportunity for public has been detailed in the Costs of
revised), providing instructions to identify all Compliance section of this document
the parts suspected to be part of the affected
comment before issuing this AD are
impracticable and that good cause exists and includes time for reviewing
batch, and to replace these with the new V-
clamp. The MSB also introduces repetitive for making this amendment effective in instructions, as well as completing and
inspections of all turbocharger V-clamps, fewer than 30 days. reviewing the collection of information.
irrespective of P/N. Therefore, all reporting associated with
For the reasons described above, this AD
Comments Invited this AD is mandatory. Comments
requires repetitive visual inspections of the This AD is a final rule that involves concerning the accuracy of this burden
V-clamps and, depending on findings, requirements affecting flight safety, and and suggestions for reducing the burden
replacement. This AD also requires we did not precede it by notice and should be directed to the FAA at 800
replacement of certain V-clamps with opportunity for public comment. We Independence Ave. SW., Washington,
improved clamps. invite you to send any written relevant DC 20591. ATTN: Information
You may examine the MCAI on the data, views, or arguments about this AD. Collection Clearance Officer, AES–200.
Internet at http://www.regulations.gov Send your comments to an address
by searching for and locating Docket No. Authority for This Rulemaking
listed under the ADDRESSES section.
FAA–2016–9369. Include ‘‘Docket No. FAA–2016–9369; Title 49 of the United States Code
Directorate Identifier 2016–CE–034– specifies the FAA’s authority to issue
Related Service Information Under 1 rules on aviation safety. Subtitle I,
CFR Part 51 AD’’ at the beginning of your comments.
We specifically invite comments on the section 106, describes the authority of
Diamond Aircraft Industries GmbH overall regulatory, economic, the FAA Administrator. ‘‘Subtitle VII:
has issued Mandatory Service Bulletin environmental, and energy aspects of Aviation Programs,’’ describes in more
MSB 40NG–046/2, dated July 22, 2016, this AD. We will consider all comments detail the scope of the Agency’s
and Work Instruction WI–MSB 40NG– received by the closing date and may authority.
046, dated July 14, 2016. In amend this AD because of those We are issuing this rulemaking under
combination, this service information comments. the authority described in ‘‘Subtitle VII,
describes procedures for inspecting the We will post all comments we Part A, Subpart III, section 44701:
V-clamp for cracks and for correct receive, without change, to http:// General requirements.’’ Under that
installation and for replacing cracked www.regulations.gov, including any section, Congress charges the FAA with
and incorrectly installed V-clamps with personal information you provide. We promoting safe flight of civil aircraft in
parts of improved design. This service will also post a report summarizing each air commerce by prescribing regulations
information is reasonably available substantive verbal contact we receive for practices, methods, and procedures
because the interested parties have about this AD. the Administrator finds necessary for
access to it through their normal course safety in air commerce. This regulation
of business or by the means identified Costs of Compliance is within the scope of that authority
in the ADDRESSES section of this AD. We estimate that this AD will affect because it addresses an unsafe condition
22 products of U.S. registry. We also that is likely to exist or develop on
FAA’s Determination and Requirements
estimate that it will take about 1 work- products identified in this rulemaking
of This AD
hour per product to comply with the action.
This product has been approved by inspection requirements of this AD. The
the aviation authority of another Regulatory Findings
average labor rate is $85 per work-hour.
jstallworth on DSK7TPTVN1PROD with RULES

country, and is approved for operation Based on these figures, we estimate We determined that this AD will not
in the United States. Pursuant to our the cost of the inspection in this AD on have federalism implications under
bilateral agreement with this State of U.S. operators to be $1,870, or $85 per Executive Order 13132. This AD will
Design Authority, they have notified us product. not have a substantial direct effect on
of the unsafe condition described in the We also estimate that it will take the States, on the relationship between
MCAI and service information about 1 work-hour per product to the national Government and the States,
referenced above. We are issuing this comply with the replacement or on the distribution of power and

VerDate Sep<11>2014 14:34 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1
78710 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations

responsibilities among the various loss of engine power, which could result in (1) Alternative Methods of Compliance
levels of government. emergency landing with consequent damage (AMOCs): The Manager, Standards Office,
For the reasons discussed above, I to the airplane and occupant injury. FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
certify that this AD: (f) Actions and Compliance found in 14 CFR 39.19. Send information to
(1) Is not a ‘‘significant regulatory Unless already done, do the following ATTN: Mike Kiesov, Aerospace Engineer,
action’’ under Executive Order 12866, actions. FAA, Small Airplane Directorate, 901 Locust,
(2) Is not a ‘‘significant rule’’ under (1) Within the next 50 hours time-in- Room 301, Kansas City, Missouri 64106;
the DOT Regulatory Policies and service (TIS) after November 29, 2016 (the telephone: (816) 329–4144; fax: (816) 329–
Procedures (44 FR 11034, February 26, effective date of this AD) or within the next 4090; email: mike.kiesov@faa.gov. Before
1979), 2 months after November 29, 2016 (the using any approved AMOC on any airplane
(3) Will not affect intrastate aviation effective date of this AD), whichever occurs to which the AMOC applies, notify your
first, and repetitively thereafter at intervals appropriate principal inspector (PI) in the
in Alaska, and FAA Flight Standards District Office (FSDO),
not to exceed 100 hours TIS, inspect the V-
(4) Will not have a significant or lacking a PI, your local FSDO.
clamp following the Instructions section in
economic impact, positive or negative, Diamond Aircraft Industries GmbH (DAI) (2) Airworthy Product: For any requirement
on a substantial number of small entities Work Instruction WI–MSB 40NG–046, dated in this AD to obtain corrective actions from
under the criteria of the Regulatory July 14, 2016, as specified in DAI Mandatory a manufacturer or other source, use these
Flexibility Act. Service Bulletin MSB 40NG–046/2, dated actions if they are FAA-approved. Corrective
July 22, 2016. actions are considered FAA-approved if they
List of Subjects in 14 CFR Part 39 (2) If any crack or incorrect installation is are approved by the State of Design Authority
found during any inspection required in (or their delegated agent). You are required
Air transportation, Aircraft, Aviation
paragraph (f)(1) of this AD, before further to assure the product is airworthy before it
safety, Incorporation by reference, is returned to service.
Safety. flight, replace the V-clamp with an improved
V-clamp, P/N D44–9081–26–03. After this (3) Reporting Requirements: For any
Adoption of the Amendment replacement, continue with the 100 hour TIS reporting requirement in this AD, a federal
repetitive inspection required in paragraph agency may not conduct or sponsor, and a
Accordingly, under the authority (f)(1) of this AD. Do the replacement person is not required to respond to, nor
delegated to me by the Administrator, following the Instructions section in shall a person be subject to a penalty for
the FAA amends 14 CFR part 39 as Diamond Aircraft Industries GmbH (DAI) failure to comply with a collection of
follows: Work Instruction WI–MSB 40NG–046, dated information subject to the requirements of
July 14, 2016, as specified in DAI Mandatory the Paperwork Reduction Act unless that
PART 39—AIRWORTHINESS Service Bulletin MSB 40NG–046/2, dated collection of information displays a current
valid OMB Control Number. The OMB
DIRECTIVES July 22, 2016.
Control Number for this information
(3) Unless already replaced as required in
collection is 2120–0056. Public reporting for
■ 1. The authority citation for part 39 paragraph (f)(2) of this AD, within the next
this collection of information is estimated to
continues to read as follows: 100 hours TIS after November 29, 2016 (the
be approximately 5 minutes per response,
effective date of this AD) or within the next
Authority: 49 U.S.C. 106(g), 40113, 44701. including the time for reviewing instructions,
4 months after November 29, 2016 (the
completing and reviewing the collection of
§ 39.13 [Amended] effective date of this AD), whichever occurs
information. All responses to this collection
first, replace P/N E4A–41–000–002 V-clamp
■ 2. The FAA amends § 39.13 by adding of information are mandatory. Comments
with an improved P/N D44–9081–26–03 V-
concerning the accuracy of this burden and
the following new AD: clamp. After this replacement, continue with suggestions for reducing the burden should
2016–23–03 Diamond Aircraft Industries the 100 hour TIS repetitive inspection be directed to the FAA at: 800 Independence
GmbH: Amendment 39–18710; Docket required in paragraph (f)(1) of this AD. Do the Ave. SW., Washington, DC 20591, Attn:
No. FAA–2016–9369; Directorate replacement following the Instructions Information Collection Clearance Officer,
Identifier 2016–CE–034–AD. section in Diamond Aircraft Industries GmbH AES–200.
(DAI) Work Instruction WI–MSB 40NG–046,
(a) Effective Date dated July 14, 2016, as specified in DAI (h) Related Information
This airworthiness directive (AD) becomes Mandatory Service Bulletin MSB 40NG–046/ Refer to MCAI European Aviation Safety
effective November 29, 2016. 2, dated July 22, 2016. Agency (EASA) AD No. 2016–0203, dated
(4) Within 10 days after each inspection October 10, 2016, and Diamond Aircraft
(b) Affected ADs required in paragraph (f)(1) of this AD, report Temporary Revision AMM–TR–MÄM 40–
None. the results to DAI at the address in paragraph 853/b, dated July 15, 2016, for related
(i)(3) of this AD using the Execution Report information. You may examine the MCAI on
(c) Applicability on page 3 of DAI Mandatory Service Bulletin the Internet at http://www.regulations.gov by
This AD applies to Diamond Aircraft MSB 40NG–046/2, dated July 22, 2016. If the searching for and locating Docket No. FAA–
Industries GmbH Model DA 40 NG airplanes, initial inspection was done before November 2016–9369.
all serial numbers, certificated in any 29, 2016 (the effective date of this AD), then
category. the report for this inspection is required (i) Material Incorporated by Reference
within 10 days after November 29, 2016 (the (1) The Director of the Federal Register
(d) Subject effective date of this AD). approved the incorporation by reference
Air Transport Association of America (5) At the following compliance times, (IBR) of the service information listed in this
(ATA) Code 81: Turbocharging. installing a V-clamp P/N E4A–41–000–002 is paragraph under 5 U.S.C. 552(a) and 1 CFR
prohibited. part 51.
(e) Reason (2) You must use this service information
(i) Anytime a P/N E4A–41–000–002 V-
This AD was prompted by mandatory clamp is replaced with an improved P/N as applicable to do the actions required by
continuing airworthiness information (MCAI) D44–9081–126–03 V-clamp, as required by this AD, unless this AD specifies otherwise.
jstallworth on DSK7TPTVN1PROD with RULES

issued by the aviation authority of another paragraphs (f)(2) and (3) of this AD; and (i) Diamond Aircraft Industries GmbH
country to identify and correct an unsafe (ii) As of November 29, 2016 (the effective Mandatory Service Bulletin MSB 40NG–046/
condition on an aviation product. The MCAI date of this AD), if a P/N E4A–41–000–002 2, dated July 22, 2016.
describes the unsafe condition as V-clamp is not currently installed. (ii) Diamond Aircraft Industries GmbH
manufacturing quality deficiency in a batch Work Instruction WI–MSB 40NG–046, dated
of V-clamps that could cause the V-clamp to (g) Other FAA AD Provisions July 14, 2016.
crack and fail. We are issuing this AD to The following provisions also apply to this (3) For Diamond Aircraft Industries GmbH
prevent failure of the V-clamp and possible AD: service information identified in this AD,

VerDate Sep<11>2014 14:34 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1
Document Created: 2016-11-09 01:39:21
Document Modified: 2016-11-09 01:39:21
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		Rules and Regulations
Action		Final rule; request for comments.
Dates		This AD is effective November 29, 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 78708
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
81 FR 78708 - Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 217 (November 9, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
