[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Rules and Regulations]
[Pages 65391-65393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18732]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26165; Directorate Identifier 2006-CE-57-AD; 
Amendment 39-14816; AD 2006-23-04]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH Model 
DA 40 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. 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 during 
production installation of the Garmin G1000 supplemental type 
certificate (STC) some parts of the installed fuel system indicating 
system were contaminated with particles from the manufacturing process. 
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective November 28, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin No. MSB-40-048/2, Revision 2, dated September 26, 2006; and 
Work Instruction WI-MSB-40.048/2, Revision 2, dated September 26, 2006, 
listed in this AD as of November 28, 2006.
    We must receive comments on this AD by December 8, 2006.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; 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) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: 
(816) 329-4145; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined

[[Page 65392]]

process will allow us to adopt MCAI safety requirements in a more 
efficient manner and will reduce safety risks to the public. This 
process continues to follow all FAA AD issuance processes to meet 
legal, economic, Administrative Procedure Act, and Federal Register 
requirements. We also continue to meet our technical decision-making 
responsibilities to identify and correct unsafe conditions on U.S.-
certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the aviation 
authority for the European Union (EU), has issued Emergency 
Airworthiness Directive No.: 2006-0295-E, dated September 26, 2006 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states that the aircraft 
manufacturer has identified that during production installation of the 
Garmin G1000 STC some parts of the installed fuel system indicating 
system were contaminated with particles from the manufacturing process. 
If not corrected, this fuel system contamination may lead to improper 
engine operation, power loss or in-flight engine failure. The MCAI 
requires you to do a one time special inspection and recertification 
for the effected airplanes. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin No. MSB-40-048/2, Revision 2, dated September 26, 2006; and 
Work Instruction WI-MSB-40.048/2, Revision 2, dated September 26, 2006. 
The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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 This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

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 
fuel system contamination may lead to improper engine operation, power 
loss or in-flight engine failure. 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-2006-26165; Directorate 
Identifier 2006-CE-57-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://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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:


[[Page 65393]]


    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:

2006-23-04 Diamond Aircraft Industries GmbH: Amendment 39-14816; 
Docket No. FAA-2006-26165; Directorate Identifier 2006-CE-57-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
28, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model DA 40 airplanes equipped with 
Garmin G1000 supplemental type certificate (STC) SA01254WI, serial 
numbers 40.448 through 40.673, excluding 40.538, 40.590, 40.641, 
40.642, 40.644, 40.651, 40.654, 40.655, and 40.699, certificated in 
any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that the aircraft manufacturer has identified that during 
production installation of the Garmin G1000 STC some parts of the 
installed fuel system indicating system were contaminated with 
particles from the manufacturing process. If not corrected, this may 
lead to improper engine operation, power loss or in-flight engine 
failure. The MCAI requires you to do a one time special inspection 
and recertification for the effected airplanes.

Actions and Compliance

    (e) Prior to further flight, unless already done, inspect engine 
fuel system for possible contamination of fuel per Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin No. MSB 40-048/2, 
Revision 2, dated September 26, 2006; and Work Instruction WI-MSB-
40.048/2, Revision 2, dated September 26, 2006.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Sarjapur Nagarajan, Aerospace Safety 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 
329-4090, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (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, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (g) Refer to European Aviation Safety Agency (EASA) Emergency 
Airworthiness Directive No.: 2006-0295-E, dated September 26, 2006; 
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-
40-048/2, Revision 2, dated September 26, 2006; and Diamond Aircraft 
Industries GmbH Work Instruction WI-MSB-40.048/2, Revision 2, dated 
September 26, 2006, for related information.

Material Incorporated by Reference

    (h) You must use Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB-40-048/2, Revision 2, dated September 26, 
2006; and Diamond Aircraft Industries GmbH Work instruction WI-MSB-
40.048/2, Revision 2, dated September 26, 2006, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[beta]e 2, A-2700 
Wiener Neustadt, Germany; telephone +43 2622 26700; fax +43 2622 
26780.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or 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 30, 2006.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E6-18732 Filed 11-7-06; 8:45 am]
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