82 FR 24843 - Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 103 (May 31, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24843-24846 | |
| FR Document | 2017-11127 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Rules and Regulations] [Pages 24843-24846] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11127] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0506; Directorate Identifier 2017-CE-019-AD; Amendment 39-18907; AD 2017-11-08] 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 Diamond Aircraft Industries GmbH Model DA 42 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 failure of the propeller regulating valve caused by hot exhaust gases coming from fractured engine exhaust pipes. We are issuing this AD to require actions to address the unsafe condition on these products. DATES: This AD is effective May 31, 2017. [[Page 24844]] The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 31, 2017. We must receive comments on this AD by July 17, 2017. 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 review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2017-0506. 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-2017- 0506; 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. 2017-0090, dated May 17, 2017 (referred to after this as ``the MCAI''), to correct an unsafe condition for Diamond Aircraft Industries GmbH Model DA 42 and DA 42 M airplanes. The MCAI states: Two cases were reported of uncommanded engine in-flight shutdown (IFSD) on DA 42 aeroplanes. Subsequent investigations identified that these occurrences were due to failure of the propeller regulating valve, caused by hot exhaust gases coming from fractured engine exhaust pipes. The initiating cracks on the exhaust pipes were not detected during previous inspections, since those exhaust pipes are equipped with non-removable heat shields that do not allow inspection for certain sections of the exhaust pipe. This condition, if not corrected, could lead to further cases of IFSD or overheat damage, possibly resulting in a forced landing, with consequent damage to the aeroplane and injury to occupants. To address this potential unsafe condition, Diamond Aircraft Industries (DAI) developed an exhaust pipe without a directly attached integral heat shield that allows visual inspection over the entire exhaust pipe length. DAI issued Mandatory Service Bulletin (MSB) 42-120 and relevant Working Instruction (WI) WI-MSB 42-120, providing instructions to install the modified exhaust pipes. As an interim measure, an additional bracket was designed to hold the exhaust pipe in place in case of a pipe fracture. EASA issued AD 2016-0156 (later revised), requiring replacement of the exhaust pipes with pipes having the new design, or installation of the additional brackets. Since EASA AD 2016-0156R1 was issued, cracks were found during inspection on modified exhaust pipes. Further investigation determined that, with the modified exhaust pipe design, vibration leads to cracking. To address this potential unsafe condition, DAI published MSB 42-129 providing instructions for inspection of modified exhaust pipes. For the reasons described above, this AD retains the requirements of EASA AD 2016-0156R1, which is superseded, and requires repetitive inspections of modified exhaust pipes and, depending on findings, repair or replacement. This AD is considered interim action and further AD action may follow upon availability of an improved exhaust pipe design. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 0506. Related Service Information Under 1 CFR Part 51 Diamond Aircraft Industries GmbH has issued Mandatory Service Bulletin MSB-42-129, dated May 17, 2017, and Work Instruction WI-OSB- 42-122, Revision 2, dated June 24, 2016. Mandatory Service Bulletin MSB-42-129, dated May 17, 2017, describes procedures for inspecting the DAI part number (P/N) D60-9078-06-01_01 and Technify P/N 52-7810-H0014 01 engine exhaust pipes. Work Instruction WI-OSB-42-122, Revision 2, dated June 24, 2016, describes procedures for (among other things) replacing the engine exhaust pipes. 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 the final rule. FAA's Determination and Requirements of the 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. Differences Between the AD and MCAI The MCAI allows for either replacement or repair if a cracked exhaust pipe is found during an inspection. This AD will only allow for replacement. If there were to become a parts availability issue at some time, we would consider the welding repair as an alternative method of compliance. In addition, the MCAI supersedes the previous EASA AD 2016-0156R1, which introduced the DAI part number (P/N) D60-9078-06-01_01 and Technify P/N 52-7810-H0014 01 engine exhaust pipes that are the subject of this AD. The FAA is not superseding the corresponding AD 2017-01-12, Amendment 39-18779 (82 FR 5359; January 18, 2017) because there were other options in that AD that would not be affected by this action. Thus AD 2017-01-12 establishes the baseline for the applicability of this AD, and if any of the affected exhaust pipes were installed per AD 2017-01-12 they would be subject to the actions of this AD action. The airplane models affected by the MCAI are the Models DA 42 and DA 42 M. Only the DA 42 is type certificated in the United States so this AD action will only affect the Model DA 42 airplanes. [[Page 24845]] 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 the affected engine exhaust pipes could crack and cause hot gases to leak from fractured exhaust pipes and lead to an uncommanded engine in- flight shutdown. 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-2017-0506; Directorate Identifier 2017-CE-019-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 130 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the AD on U.S. operators to be $22,100, or $170 per product. In addition, we estimate that any necessary follow-on actions would take about 2 work-hours and require parts costing $2,100, for a cost of $2,270 per product. We have no way of determining the number of products that may need these actions. According to the design approval holder, some of the costs of this AD (cost of parts) may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. 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: 2017-11-08 Diamond Aircraft Industries GmbH: Amendment 39-18907; Docket No. FAA-2017-0506; Directorate Identifier 2017-CE-019-AD. (a) Effective Date This airworthiness directive (AD) becomes effective May 31, 2017. (b) Affected ADs None. (c) Applicability This AD applies to Diamond Aircraft Industries GmbH Model DA 42 airplanes, serial numbers 42.004 through 42.427 and 42.AC001 through 42.AC151, certificated in any category, that have: (1) either a TAE 125-02-99 or TAE 125-02-114 engine installed; and (2) either DAI part number (P/N) D60-9078-06-01_01 or Technify P/N 52-7810-H0014 01 engine exhaust pipes installed. (d) Subject Air Transport Association of America (ATA) Code 78: Engine Exhaust. (e) Reason This AD was prompted by cracks in the affected engine exhaust pipes, which could cause failure of the propeller regulating valve because of hot exhaust gases coming from the fractured pipes. We are issuing this AD to prevent an uncommanded engine in-flight shutdown or overheat damage, which could result in a forced landing, consequent damage, and occupant injury. (f) Actions and Compliance Unless already done, do the following actions. (1) Before or upon accumulating 40 hours time-in-service (TIS) on the affected engine exhaust pipes or within the next 10 hours TIS after the effective date of this AD, whichever occurs later, and repetitively thereafter at intervals not to exceed 50 hours TIS, inspect each engine exhaust pipe following Diamond Aircraft Industries GmbH Mandatory Service Bulletin MSB-42-129, dated May 17, 2017. (2) If any crack(s) is/are found on any engine exhaust pipe during any inspection required by this AD, before further flight, replace the affected engine exhaust pipe(s) following Step 14 (page 8) of Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42- 122, Revision 2, dated June 24, 2016. (3) The replacement required by paragraph (f)(2) of this AD does not terminate the repetitive inspections required by paragraph (f)(1) of this AD when a DAI part number (P/N) D60-9078-06-01_01 or Technify P/N [[Page 24846]] 52-7810-H0014 01 engine exhaust pipe is 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 EASA AD No.: 2017-0090, dated May 17, 2017, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0506. (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 the AD specifies otherwise. (i) Diamond Aircraft Industries Mandatory Service Bulletin MSB- 42-129, dated May 17, 2017. (ii) Diamond Aircraft Industries Work Instruction WI-OSB 42-122, Revision 2, dated June 24, 2016. (3) For Diamond Aircraft Industries GmbH service information identified in this AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; email: [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-2017- 0506. (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 May 19, 2017. Melvin Johnson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-11127 Filed 5-30-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations 24843
instances and has been derived without 8. Have a means for the flightcrew or Background
substantive change from those maintenance personnel to determine the On November 9, 2016, the FAA
previously issued. It is unlikely that battery charge state if the battery’s published a final special condition
prior public comment would result in a function is required for safe operation of entitled ‘‘Special Condition: Bell
significant change from the substance the airplane. Helicopter Textron, Inc. (BHTI), Model
contained herein. Therefore, the FAA Note: A battery system consists of the 525 Helicopters; Crew Alerting System
has determined that prior public notice battery and any protective, monitoring, and (CAS).’’ 81 FR 78707. In that final
and comment are unnecessary and alerting circuitry or hardware inside or special condition, the FAA
impracticable, and good cause exists for outside of the battery. It also includes vents inadvertently used the incorrect format
adopting these special conditions upon (where necessary) and packaging. For the
for the notice number in the header
publication in the Federal Register. The purpose of these special conditions, a
‘‘battery’’ and ‘‘battery system’’ are referred to information of the special condition as
FAA is requesting comments to allow 29–039–SW–SC. The correct notice
interested persons to submit views that as a battery.
number is 29–039–SC.
may not have been submitted in Issued in Renton, Washington, on May 23,
response to the prior opportunities for 2017. Correction
comment described above. Michael Kaszycki, In the final special condition, FR Doc.
List of Subjects in 14 CFR Part 25 Assistant Manager, Transport Airplane 2019–27088, published on November 9,
Directorate, Aircraft Certification Service. 2016 at 81 FR 78707 make the following
Aircraft, Aviation safety, Reporting correction:
[FR Doc. 2017–11159 Filed 5–30–17; 8:45 am]
and recordkeeping requirements. 1. On page 78707, in column one, in
BILLING CODE 4910–13–P
The authority citation for these the heading of the final special
special conditions is as follows: condition, revise ‘‘Notice No. 29–039–
Authority: 49 U.S.C. 106(g), 40113, 44701, DEPARTMENT OF TRANSPORTATION SW–SC’’ to read as ‘‘Notice No. 29–039–
44702, 44704. SC’’.
Federal Aviation Administration Issued in Fort Worth, Texas, on May 19,
The Special Conditions
2017.
Accordingly, pursuant to the 14 CFR Part 29 Lance Gant,
authority delegated to me by the
Manager, Rotorcraft Directorate, Aircraft
Administrator, the following special [Docket No. FAA–2016–6940; Notice No. 29– Certification Service.
conditions are issued as part of the type 039–SC] [FR Doc. 2017–11070 Filed 5–30–17; 8:45 am]
certification basis for the Embraer S.A.
BILLING CODE 4910–13–P
Model ERJ 190–300 airplane. Special Conditions: Bell Helicopter
Non-Rechargeable Lithium Battery Textron, Inc. (BHTI), Model 525
Installations Helicopters; Crew Alerting System DEPARTMENT OF TRANSPORTATION
(CAS)
In lieu of § 25.1353(b)(1) through (4)
Federal Aviation Administration
at Amendment 25–123 or § 25.1353(c)(1) AGENCY:Federal Aviation
through (4) at earlier amendments, each Administration, DOT. 14 CFR Part 39
non-rechargeable lithium battery
installation must: ACTION: Final special conditions; [Docket No. FAA–2017–0506; Directorate
1. Be designed to maintain safe cell correction. Identifier 2017–CE–019–AD; Amendment
temperatures and pressures under all 39–18907; AD 2017–11–08]
foreseeable operating conditions to SUMMARY: The FAA is correcting the RIN 2120–AA64
prevent fire and explosion. special condition published on
2. Be designed to prevent the November 9, 2016 which became Airworthiness Directives; Diamond
occurrence of self-sustaining, effective on December 9, 2016 for the Aircraft Industries GmbH Airplanes
uncontrollable increases in temperature BHTI Model 525 helicopter. This
or pressure. helicopter has a novel or unusual design AGENCY: Federal Aviation
3. Not emit explosive or toxic gases, feature associated with the electronic Administration (FAA), DOT.
either in normal operation or as a result CAS. The applicable airworthiness ACTION: Final rule; request for comments
of its failure, that may accumulate in regulations do not contain adequate or
appropriate safety standards for this SUMMARY: We are adopting a new
hazardous quantities within the
design feature. The special conditions airworthiness directive (AD) for
airplane.
4. Meet the requirements of § 25.863. contain the additional safety standards Diamond Aircraft Industries GmbH
5. Not damage surrounding structure that the Administrator considers Model DA 42 airplanes. This AD results
or adjacent systems, equipment, or necessary to establish a level of safety from mandatory continuing
electrical wiring from corrosive fluids or equivalent to that established by the airworthiness information (MCAI)
gases that may escape in such a way as existing airworthiness standards. issued by the aviation authority of
to cause a major or more severe failure another country to identify and correct
condition. DATES: Effective Date: May 31, 2017. an unsafe condition on an aviation
6. Have provisions to prevent any FOR FURTHER INFORMATION CONTACT:
product. The MCAI describes the unsafe
asabaliauskas on DSKBBXCHB2PROD with RULES
hazardous effect on airplane structure or George Harrum, Aviation Safety condition as failure of the propeller
systems caused by the maximum Engineer, Regulations and Policy Group, regulating valve caused by hot exhaust
amount of heat it can generate due to Rotorcraft Directorate, FAA, 10101 gases coming from fractured engine
any failure of it or its individual cells. Hillwood Pkwy, Fort Worth, TX 76177; exhaust pipes. We are issuing this AD
7. Have a failure sensing and warning telephone (817) 222–5110; email to require actions to address the unsafe
system to alert the flightcrew if its George.Harrum@faa.gov. condition on these products.
failure affects safe operation of the DATES: This AD is effective May 31,
airplane. SUPPLEMENTARY INFORMATION: 2017.
VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/82_FR_24946/page/1.svg)
![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations 24845
FAA’s Determination of the Effective affected individuals. As a result, we PART 39—AIRWORTHINESS
Date have included all costs in our cost DIRECTIVES
An unsafe condition exists that estimate.
■ 1. The authority citation for part 39
requires the immediate adoption of this Authority for This Rulemaking continues to read as follows:
AD. The FAA has found that the risk to
the flying public justifies waiving notice Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
and comment prior to adoption of this specifies the FAA’s authority to issue § 39.13 [Amended]
rule because the affected engine exhaust rules on aviation safety. Subtitle I,
pipes could crack and cause hot gases section 106, describes the authority of ■ 2. The FAA amends § 39.13 by adding
to leak from fractured exhaust pipes and the FAA Administrator. ‘‘Subtitle VII: the following new AD:
lead to an uncommanded engine in- Aviation Programs,’’ describes in more 2017–11–08 Diamond Aircraft Industries
flight shutdown. Therefore, we detail the scope of the Agency’s GmbH: Amendment 39–18907; Docket
determined that notice and opportunity authority. No. FAA–2017–0506; Directorate
Identifier 2017–CE–019–AD.
for public comment before issuing this We are issuing this rulemaking under
AD are impracticable and that good the authority described in ‘‘Subtitle VII, (a) Effective Date
cause exists for making this amendment Part A, Subpart III, Section 44701: This airworthiness directive (AD) becomes
effective in fewer than 30 days. General requirements.’’ Under that effective May 31, 2017.
Comments Invited section, Congress charges the FAA with (b) Affected ADs
promoting safe flight of civil aircraft in None.
This AD is a final rule that involves air commerce by prescribing regulations
requirements affecting flight safety, and for practices, methods, and procedures (c) Applicability
we did not precede it by notice and the Administrator finds necessary for This AD applies to Diamond Aircraft
opportunity for public comment. We safety in air commerce. This regulation Industries GmbH Model DA 42 airplanes,
invite you to send any written relevant is within the scope of that authority serial numbers 42.004 through 42.427 and
data, views, or arguments about this AD. because it addresses an unsafe condition 42.AC001 through 42.AC151, certificated in
Send your comments to an address any category, that have:
that is likely to exist or develop on (1) either a TAE 125–02–99 or TAE 125–
listed under the ADDRESSES section. products identified in this rulemaking
Include ‘‘Docket No. FAA–2017–0506; 02–114 engine installed; and
action. (2) either DAI part number (P/N) D60–
Directorate Identifier 2017–CE–019–
9078–06–01_01 or Technify P/N 52–7810–
AD’’ at the beginning of your comments. Regulatory Findings H0014 01 engine exhaust pipes installed.
We specifically invite comments on the
overall regulatory, economic, We determined that this AD will not (d) Subject
environmental, and energy aspects of have federalism implications under Air Transport Association of America
this AD. We will consider all comments Executive Order 13132. This AD will (ATA) Code 78: Engine Exhaust.
received by the closing date and may not have a substantial direct effect on
the States, on the relationship between (e) Reason
amend this AD because of those
the national government and the States, This AD was prompted by cracks in the
comments. affected engine exhaust pipes, which could
We will post all comments we or on the distribution of power and
responsibilities among the various cause failure of the propeller regulating valve
receive, without change, to http:// because of hot exhaust gases coming from the
www.regulations.gov, including any levels of government. fractured pipes. We are issuing this AD to
personal information you provide. We For the reasons discussed above, I prevent an uncommanded engine in-flight
will also post a report summarizing each certify that this AD: shutdown or overheat damage, which could
substantive verbal contact we receive result in a forced landing, consequent
(1) Is not a ‘‘significant regulatory damage, and occupant injury.
about this AD. action’’ under Executive Order 12866,
(f) Actions and Compliance
Costs of Compliance (2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and Unless already done, do the following
We estimate that this AD will affect actions.
130 products of U.S. registry. We also Procedures (44 FR 11034, February 26, (1) Before or upon accumulating 40 hours
estimate that it would take about 2 1979), time-in-service (TIS) on the affected engine
work-hours per product to comply with (3) Will not affect intrastate aviation exhaust pipes or within the next 10 hours
the basic requirements of this AD. The in Alaska, and TIS after the effective date of this AD,
average labor rate is $85 per work-hour. whichever occurs later, and repetitively
(4) Will not have a significant thereafter at intervals not to exceed 50 hours
Based on these figures, we estimate economic impact, positive or negative, TIS, inspect each engine exhaust pipe
the cost of the AD on U.S. operators to on a substantial number of small entities following Diamond Aircraft Industries GmbH
be $22,100, or $170 per product. under the criteria of the Regulatory Mandatory Service Bulletin MSB–42–129,
In addition, we estimate that any Flexibility Act. dated May 17, 2017.
necessary follow-on actions would take (2) If any crack(s) is/are found on any
about 2 work-hours and require parts List of Subjects in 14 CFR Part 39 engine exhaust pipe during any inspection
costing $2,100, for a cost of $2,270 per required by this AD, before further flight,
product. We have no way of Air transportation, Aircraft, Aviation replace the affected engine exhaust pipe(s)
asabaliauskas on DSKBBXCHB2PROD with RULES
determining the number of products safety, Incorporation by reference, following Step 14 (page 8) of Diamond
that may need these actions. Safety. Aircraft Industries GmbH Work Instruction
WI–OSB–42–122, Revision 2, dated June 24,
According to the design approval Adoption of the Amendment 2016.
holder, some of the costs of this AD (3) The replacement required by paragraph
(cost of parts) may be covered under Accordingly, under the authority (f)(2) of this AD does not terminate the
warranty, thereby reducing the cost delegated to me by the Administrator, repetitive inspections required by paragraph
impact on affected individuals. We do the FAA amends 14 CFR part 39 as (f)(1) of this AD when a DAI part number
not control warranty coverage for follows: (P/N) D60–9078–06–01_01 or Technify P/N
VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/82_FR_24946/page/3.svg)
![24846 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
52–7810–H0014 01 engine exhaust pipe is (3) For Diamond Aircraft Industries GmbH air_traffic/publications/. For further
installed. service information identified in this AD, information, you can contact the
contact Diamond Aircraft Industries GmbH, Airspace Policy Group, Federal Aviation
(g) Other FAA AD Provisions N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt,
The following provisions also apply to this Austria, telephone: +43 2622 26700; fax: +43
Administration, 800 Independence
AD: 2622 26780; email: office@diamond-air.at; Avenue SW., Washington, DC 20591;
(1) Alternative Methods of Compliance Internet: http://www.diamondaircraft.com. telephone: (202) 267–8783. The Order is
(AMOCs): The Manager, Standards Office, (4) You may view this service information also available for inspection at the
FAA, has the authority to approve AMOCs at the FAA, Small Airplane Directorate, 901 National Archives and Records
for this AD, if requested using the procedures Locust, Kansas City, Missouri 64106. For Administration (NARA). For
found in 14 CFR 39.19. Send information to information on the availability of this information on the availability of this
ATTN: Mike Kiesov, Aerospace Engineer, material at the FAA, call (816) 329–4148. It
FAA, Small Airplane Directorate, 901 Locust,
material at NARA, call (202) 741–6030,
is also available on the Internet at http://
Room 301, Kansas City, Missouri 64106; www.regulations.gov by searching for
or go to http://www.archives.gov/
telephone: (816) 329–4144; fax: (816) 329– locating Docket No. FAA–2017–0506. federal_register/code_of_federal-
4090; email: mike.kiesov@faa.gov. Before (5) You may view this service information regulations/ibr_locations.html.
using any approved AMOC on any airplane that is incorporated by reference at the FAA Order 7400.11, Airspace
to which the AMOC applies, notify your National Archives and Records Designations and Reporting Points, is
appropriate principal inspector (PI) in the Administration (NARA). For information on published yearly and effective on
FAA Flight Standards District Office (FSDO), the availability of this material at NARA, call September 15.
or lacking a PI, your local FSDO. 202–741–6030, or go to: http://
(2) Airworthy Product: For any requirement www.archives.gov/federal-register/cfr/ibr- FOR FURTHER INFORMATION CONTACT: Tom
in this AD to obtain corrective actions from locations.html. Clark, Federal Aviation Administration,
a manufacturer or other source, use these Operations Support Group, Western
actions if they are FAA-approved. Corrective Issued in Kansas City, Missouri, on May
19, 2017.
Service Center, 1601 Lind Avenue SW.,
actions are considered FAA-approved if they Renton, WA 98057; telephone (425)
are approved by the State of Design Authority Melvin Johnson,
203–4511.
(or their delegated agent). You are required Acting Manager, Small Airplane Directorate,
to assure the product is airworthy before it Aircraft Certification Service. SUPPLEMENTARY INFORMATION:
is returned to service. [FR Doc. 2017–11127 Filed 5–30–17; 8:45 am] Authority for This Rulemaking
(3) Reporting Requirements: For any
BILLING CODE 4910–13–P
reporting requirement in this AD, a federal The FAA’s authority to issue rules
agency may not conduct or sponsor, and a regarding aviation safety is found in
person is not required to respond to, nor Title 49 of the United States Code.
shall a person be subject to a penalty for DEPARTMENT OF TRANSPORTATION
Subtitle I, Section 106 describes the
failure to comply with a collection of
Federal Aviation Administration authority of the FAA Administrator.
information subject to the requirements of
the Paperwork Reduction Act unless that Subtitle VII, Aviation Programs,
collection of information displays a current 14 CFR Part 71 describes in more detail the scope of the
valid OMB Control Number. The OMB agency’s authority. This rulemaking is
Control Number for this information [Docket No. FAA–2017–0047; Airspace promulgated under the authority
collection is 2120–0056. Public reporting for Docket No. 17–ANM–1]
described in Subtitle VII, Part A,
this collection of information is estimated to Subpart I, Section 40103. Under that
be approximately 5 minutes per response, Establishment of Class E Airspace,
Grass Range, MT section, the FAA is charged with
including the time for reviewing instructions,
prescribing regulations to assign the use
completing and reviewing the collection of
AGENCY: Federal Aviation of airspace necessary to ensure the
information. All responses to this collection
of information are mandatory. Comments Administration (FAA), DOT. safety of aircraft and the efficient use of
concerning the accuracy of this burden and ACTION: Final rule. airspace. This regulation is within the
suggestions for reducing the burden should scope of that authority as it establishes
be directed to the FAA at: 800 Independence SUMMARY: This action establishes Class Class E airspace at N Bar Ranch Airport,
Ave. SW., Washington, DC 20591, Attn: E airspace extending upward from 700 Grass Range, MT, to support the
Information Collection Clearance Officer, feet above the surface at N Bar Ranch, development of IFR operations in
AES–200. Grass Range, MT, to support the standard instrument approach
(h) Related Information development of instrument flight rules procedures at the airport.
(IFR) operations under standard
Refer to MCAI EASA AD No.: 2017–0090, History
dated May 17, 2017, for related information.
instrument approach and departure
You may examine the MCAI on the Internet procedures at the airport, for the safety On February 27, 2017, the FAA
at http://www.regulations.gov by searching and management of aircraft within the published in the Federal Register (82
for and locating Docket No. FAA–2017–0506. National Airspace System. A correction FR 11866) Docket FAA–2017–0047 a
also is made changing the town name notice of proposed rulemaking to
(i) Material Incorporated by Reference
from Grassrange. establish Class E airspace extending
(1) The Director of the Federal Register
DATES: Effective 0901 UTC, August 17, upward from 700 feet above the surface
approved the incorporation by reference
(IBR) of the service information listed in this 2017. The Director of the Federal at N Bar Ranch, Grass Range, MT.
paragraph under 5 U.S.C. 552(a) and 1 CFR Register approves this incorporation by Interested parties were invited to
part 51. reference action under Title 1, Code of participate in this rulemaking effort by
asabaliauskas on DSKBBXCHB2PROD with RULES
(2) You must use this service information Federal Regulations, part 51, subject to submitting written comments on the
as applicable to do the actions required by the annual revision of FAA Order proposal to the FAA. No comments
this AD, unless the AD specifies otherwise. 7400.11 and publication of conforming were received.
(i) Diamond Aircraft Industries Mandatory amendments.
Service Bulletin MSB–42–129, dated May 17,
Class E airspace designations are
2017. ADDRESSES: FAA Order 7400.11A, published in paragraph 6005 of FAA
(ii) Diamond Aircraft Industries Work Airspace Designations and Reporting Order 7400.11A, dated August 3, 2016,
Instruction WI–OSB 42–122, Revision 2, Points, and subsequent amendments can and effective September 15, 2016, which
dated June 24, 2016. be viewed online at http://www.faa.gov/ is incorporated by reference in 14 CFR
VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/82_FR_24946/page/4.svg)
Document Created: 2017-05-31 05:59:22
Document Modified: 2017-05-31 05:59:22
| 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 May 31, 2017. | |
| 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 | 82 FR 24843 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR