Rule2022-02716
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
February 10, 2022
Effective
March 17, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting 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 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 AD requires removing the fuel tank connection hoses from service and inspecting the fuel tank connection hoses for damage and detached rubber material. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7708-7710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02716]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD; Amendment
39-21918; AD 2022-03-01]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting 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 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 AD requires removing the fuel tank connection
hoses from service and inspecting the fuel tank connection hoses for
damage and detached rubber material. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective March 17, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 17,
2022.
ADDRESSES: For service information identified in this final rule,
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#e08f8686898385a08489818d8f8e84cd818992ce8194"><span class="__cf_email__" data-cfemail="6f000909060c0a2f0b060e0200010b420e061d410e1b">[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 (817) 222-5110. It is also available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0952.
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 final rule, the
MCAI, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
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#88f8ede6ede4e7f8eda6fcfaede9fbedc8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="5121343f343d3e21347f252334302234113730307f363e27">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to DAI Model DA 42, DA 42
M-NG, and DA 42 NG airplanes with a certain fuel tank connection hose
installed. The NPRM published in the Federal Register on November 3,
2021 (86 FR 60600). The NPRM was prompted by MCAI originated by the
European Union Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union. EASA 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
Conclusion
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 reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. This AD is adopted as proposed in the
NPRM, except for an editorial correction to the Applicability section.
Paragraph (c)(1) states the AD applies to the airplanes in paragraph
(c)(1) ``or'' paragraph (c)(2) when it should state the AD applies to
airplanes identified in both paragraphs.
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, Revision 0, 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
[[Page 7709]]
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.
Differences Between This AD and the MCAI or Service Information
The MCAI applies to the Model DA 42 M airplane and this AD does not
because it does not have an FAA type certificate.
The service information specifies reporting information to DAI, and
this AD does not require reporting.
Costs of Compliance
The FAA estimates that this AD affects 192 airplanes of U.S.
registry. The FAA estimates that it would take about 30 work-hours to
do the actions of this 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 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
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. For the reasons discussed above, I certify this AD.
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The 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 airworthiness
directive:
2022-03-01 Diamond Aircraft Industries GmbH: Amendment 39-21918;
Docket No. FAA-2021-0952; Project Identifier 2019-CE-039-AD.
(a) Effective Date
This AD is effective March 17, 2022.
(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; and
(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) (Diamond 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/WI-MSB 42NG-080, Revision 0,
dated July 1, 2019, (issued as one document) attached to Diamond 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, Revision 0, dated July 1, 2019, (issued as
one document) attached to Diamond 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
and email to: <a href="/cdn-cgi/l/email-protection#340d1975626719757d66190307041975797b77745255551a535b42"><span class="__cf_email__" data-cfemail="9aa3b7dbccc9b7dbd3c8b7ada9aab7dbd7d5d9dafcfbfbb4fdf5ec">[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#e6968388838a899683c8929483879583a6808787c8818990"><span class="__cf_email__" data-cfemail="5222373c373e3d22377c262037332137123433337c353d24">[email protected]</span></a>.
[[Page 7710]]
(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 Docket No. FAA-2021-0952.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 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,
Revision 0, dated July 1, 2019 (issued as one document) attached.
(ii) [Reserved]
(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#3a555c5c53595f7a5e535b5755545e175b5348145b4e"><span class="__cf_email__" data-cfemail="8de2ebebe4eee8cde9e4ece0e2e3e9a0ece4ffa3ecf9">[email protected]</span></a>; website: <a href="https://www.diamondaircraft.com">https://www.diamondaircraft.com</a>.
(4) You may view this service information at 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 (817) 222-5110.
(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, email: <a href="/cdn-cgi/l/email-protection#aaccd884c3c4d9dacfc9dec3c5c4eac4cbd8cb84cdc5dc"><span class="__cf_email__" data-cfemail="0a6c78246364797a6f697e6365644a646b786b246d657c">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on January 18, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02716 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.