Proposed Rule2021-23908
Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 3, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Diamond Aircraft Industries GmbH (DAI) Model DA 42, DA 42 M-NG, and DA 42 NG airplanes. This proposed 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 dissolved or detached fuel tank hose material entering the main fuel tank chambers, which could result in restricted fuel flow with consequent fuel starvation. This proposed AD would require removing the fuel tank connection hoses from service and inspecting the fuel tank connection hoses for damage and detached rubber material. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 210 (Wednesday, November 3, 2021)</title>
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[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Proposed Rules]
[Pages 60600-60602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23908]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Diamond Aircraft Industries GmbH (DAI) Model DA 42, DA 42
M-NG, and DA 42 NG airplanes. This proposed 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 dissolved or detached fuel tank hose material entering the
main fuel tank chambers, which could result in restricted fuel flow
with consequent fuel starvation. This proposed AD would require
removing the fuel tank connection hoses from service and inspecting the
fuel tank connection hoses for damage and detached rubber material. The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by December
20, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener
Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622 26780; email:
<a href="/cdn-cgi/l/email-protection#4e212828272d2b0e2a272f2321202a632f273c602f3a"><span class="__cf_email__" data-cfemail="cfa0a9a9a6acaa8faba6aea2a0a1abe2aea6bde1aebb">[email protected]</span></a>; website: <a href="https://www.diamondaircraft.com">https://www.diamondaircraft.com</a>. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0952; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249; phone:
(303) 342-1094; fax: (303) 342-1088; email: <a href="/cdn-cgi/l/email-protection#2454414a41484b54410a505641455741644245450a434b52"><span class="__cf_email__" data-cfemail="1161747f747d7e61743f656374706274517770703f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0952; Project Identifier
2019-CE-039-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as
[[Page 60601]]
private, and that is relevant or responsive to this NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this NPRM.
Submissions containing CBI should be sent to Penelope Trease, Aviation
Safety Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 26805 E. 68th Avenue, Denver, CO 80249. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0218, dated September 3, 2019 (referred to after this as
``the MCAI''), to address an unsafe condition on certain DAI Model DA
42, DA 42M, DA 42 M-NG, and DA 42 NG airplanes. The MCAI states:
Reports were received of dissolved fuel tank connections hoses.
Rubber parts were found within the fuel tank. The investigation
results showed that the affected parts are limited to 2 isolated
batches, some of which were installed on the production line. Other
affected parts have been supplied as spare for in-service
replacement.
This condition, if not corrected, could lead to restricted fuel
flow from the tank, possibly resulting in fuel starvation and
consequent reduced control of the aeroplane.
To address this potential unsafe condition, DAI issued the
applicable MSB [Mandatory Service Bulletin], providing instructions
to identify and replace the affected parts. The applicable MSB
identifies the MSN [manufacturer serial numbers] of the aeroplanes
on which affected parts were installed during aeroplane production.
The applicable MSB also indicates that any other aeroplane may be
affected, if an affected part supplied as spare was installed.
For the reason described above, this [EASA] AD requires removal
and replacement of the affected parts, and, if a removed affected
part is found damaged, inspection of the fuel tank chambers and
removal of any detached rubber material. This [EASA] AD also
prohibits (re)installation of any affected parts.
You may examine the MCAI in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0952.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Diamond Aircraft Mandatory Service Bulletin (MSB)
42-138/MSB 42NG-080, dated July 1, 2019 (issued as one document)
published with Diamond Aircraft Work Instruction (WI) MSB 42-138/WI-MSB
42NG-080, dated July 1, 2019 (issued as one document) attached. This
service information identifies the list of affected fuel tank
connection hoses and also contains procedures for replacing the fuel
tank connection hose and inspecting the main fuel tank chambers. 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 ADDRESSES.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require removing the affected fuel tank
connection hoses from service. This proposed AD would also require
inspecting the fuel tank connection hoses and, if there is damage,
inspecting the main fuel tank chambers and removing any detached rubber
material.
Differences Between This Proposed AD and the MCAI or Service
Information
The MCAI applies to the Model DA 42 M airplane and this proposed AD
would not because it does not have an FAA type certificate.
The service information specifies reporting information to DAI, and
this proposed AD would not require reporting.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 192 airplanes of U.S. registry. The FAA estimates that it would
take about 30 work-hours to do the actions of this proposed AD and
require a part costing $188. The average labor rate is $85 per work-
hour. Based on these figures, the FAA estimates the cost to do the
actions of this proposed AD on U.S. operators to be $525,696 or $2,738
per airplane.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.
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.
The FAA is 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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
[[Page 60602]]
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 airworthiness
directive:
Diamond Aircraft Industries GmbH: Docket No. FAA-2021-0952; Project
Identifier 2019-CE-039-AD.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 20, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to:
(1) Diamond Aircraft Industries GmbH (DAI) Model DA 42 NG
airplanes, serial numbers (S/N) 42.N303 through 42.N314, 42.N319,
and 42.N320, certificated in any category, with a fuel tank
connection hose part number (P/N) D4D-2817-10-70 installed; or
(2) DAI Models DA 42, DA 42 NG, and DA 42 M-NG airplanes, all
serial numbers, certificated in any category, with a fuel tank
connection hose P/N D4D-2817-10-70 identified in the Technical
Details, section I.11, of Diamond Aircraft Mandatory Service
Bulletin MSB 42-138/MSB 42NG-080, dated July 1, 2019 (issued as one
document) (MSB 42-138/42NG-080), installed.
(d) Subject
Joint Aircraft System Component (JASC) Code 2810, Fuel Storage.
(e) Unsafe Condition
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 dissolved or
detached fuel tank hose material entering the main fuel tank
chambers. The FAA is issuing this AD to prevent restricted fuel
flow, which could result in fuel starvation. The unsafe condition,
if not addressed, could result in fuel starvation and reduced
control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Within 100 hours time-in-service (TIS) after the effective
date of this AD or within 4 months after the effective date of this
AD, whichever occurs first, replace the main fuel tank connection
hoses in accordance with the Instructions, sections III.1 and III.2,
in DAI Work Instruction WI-MSB 42-138 and WI-MSB 42NG-080, Revision
0, dated July 1, 2019, (issued as one document) attached to MSB 42-
138/42NG-080. Instead of P/N D4D-2817-10-70_01, you may also replace
a fuel tank connection hose with P/N D4D-2817-10-70 that is not
identified in paragraph (c) of this AD.
(2) As of the effective date of this AD, do not install a fuel
tank connection hose P/N D4D-2817-10-70 identified in paragraph (c)
of this AD on any airplane.
(h) No Reporting Requirement
This AD does not require you to report information as specified
in the Instructions, step III.1.12, in DAI Work Instruction WI-MSB
42-138/WI-MSB 42NG-080 (single document), Revision 0, dated July 1,
2019, which is co-published as one document with MSB 42-138/42NG-
080.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in paragraph (j)(1) of this AD or
email to: <a href="/cdn-cgi/l/email-protection#9fa6b2dec9ccb2ded6cdb2a8acafb2ded2d0dcdff9fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="fbc2d6baada8d6bab2a9d6ccc8cbd6bab6b4b8bb9d9a9ad59c948d">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(j) Related Information
(1) For more information about this AD, contact Penelope Trease,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 26805 E. 68th Avenue, Denver,
CO 80249; phone: (303) 342-1094; fax: (303) 342-1088; email:
<a href="/cdn-cgi/l/email-protection#3141545f545d5e41541f454354504254715750501f565e47"><span class="__cf_email__" data-cfemail="5222373c373e3d22377c262037332137123433337c353d24">[email protected]</span></a>.
(2) Refer to European Union Aviation Safety Agency (EASA) AD
2019-0218, dated September 3, 2019, for more information. You may
examine the EASA AD in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating it in Docket No. FAA-2021-0952.
(3) For service information identified in this AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700
Wiener Neustadt, Austria; phone: +43 2622 26700; fax: +43 2622
26780; email: <a href="/cdn-cgi/l/email-protection#ef808989868c8aaf8b868e8280818bc28e869dc18e9b"><span class="__cf_email__" data-cfemail="412e2727282224012528202c2e2f256c2028336f2035">[email protected]</span></a>; website: <a href="https://www.diamondaircraft.com">https://www.diamondaircraft.com</a>. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on
the availability of this material at the FAA, call (816) 329-4148.
Issued on October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23908 Filed 11-2-21; 8:45 am]
BILLING CODE 4910-13-P
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