[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Rules and Regulations]
[Pages 32785-32787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11287]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27533 Directorate Identifier 2007-CE-022-AD; 
Amendment 39-15102; AD 2007-12-24]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Model DA 42 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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 an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Shortly after an engine change, the aluminium fitting attached 
to the engine gearbox holding lines and fittings of the propeller 
control system was found to be cracked. This led to a pressure loss 
in the propeller control system following a control system 
malfunction and led to an in-flight engine shutdown.
    The broken fitting is part of the engine installation and was 
initially a steel part. It was later modified by the engine 
manufacturer to an aluminium design.
    Investigation determined that the area is critical for cracks 
due to combination of mass, material and installation torque values.
    Diamond Aircraft Industries incorporated with Design Change 
M[Auml]M 42-184 an additional bracket into production airplanes to 
improve the installations and prevent vibration cracks.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 19, 2007.
    On July 19, 2007, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Document Management Facility, 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: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 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 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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 13, 2007 (72 
FR 18598). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states that:

    Shortly after an engine change, the aluminium fitting attached 
to the engine gearbox holding lines and fittings of the propeller 
control system was found to be cracked. This led to a pressure loss 
in the propeller control system following a control system 
malfunction and led to a in-flight engine shutdown.
    The broken fitting is part of the engine installation and was 
initially a steel part. It was later modified by the engine 
manufacturer to an aluminium design.
    Investigation determined that the area is critical for cracks 
due to combination of mass, material and installation torque values.
    Diamond Aircraft Industries incorporated with Design Change 
M[Auml]M 42-184 an additional bracket into production airplanes to 
improve the installations and prevent vibration cracks.
    This airworthiness directive requires the retroactive 
installation of this bracket for all airplanes, including the 
airplanes with steel fittings.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 70 products of U.S. registry. 
We also estimate that it will take about 1.0 work-hour per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour. Required parts will cost about $208 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $20,160 or $ 288 per product.

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

[[Page 32786]]

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 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.

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 the NPRM, 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.

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:

    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:

2007-12-24 Diamond Aircraft Industries: Amendment 39-15102; Docket 
No. FAA-2007-27533; Directorate Identifier 2007-CE-022-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 19, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to DA 42 airplanes, serial numbers 42.004 
through 42.129, 42.177, and 42.AC001, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 72: Engine.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Shortly after an engine change, the aluminium fitting attached 
to the engine gearbox holding lines and fittings of the propeller 
control system was found to be cracked. This led to a pressure loss 
in the propeller control system following a control system 
malfunction and led to an in-flight engine shutdown.
    The broken fitting is part of the engine installation and was 
initially a steel part. It was later modified by the engine 
manufacturer to an aluminium design.
    Investigation determined that the area is critical for cracks 
due to combination of mass, material and installation torque values.
    Diamond Aircraft Industries incorporated with Design Change 
M[Auml]M 42-184 an additional bracket into production airplanes to 
improve the installations and prevent vibration cracks.
    This airworthiness directive requires the retroactive 
installation of this bracket for all airplanes, including the 
airplanes with steel fittings.

Actions and Compliance

    (f) Unless already done, within the next 50 hours time-in-
service after July 19, 2007 (the effective date of this AD) or 
within the next 30 days after July 19, 2007 (the effective date of 
this AD), whichever occurs first, install the additional steel 
bracket following Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin NO. MSB-42-024/3, dated September 19, 2006, which 
references Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-024, Revision 2, dated September 19, 2006.

    Note 1: If the above action was accomplished following the 
procedures described in Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB-42-024/2, dated August 31, 2006, you may 
take ``unless already done'' credit, and no further action per this 
AD is necessary.

    FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Sarjapur Nagarajan, Aerospace 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. 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, 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

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No: 
2006-0277, dated September 06, 2006; and Diamond Aircraft Industries 
GmbH, Mandatory Service Bulletin No. MSB-42-024/3, dated September 
19, 2006, which references Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB-42-024, Revision 2, dated September 19, 2006, for 
related information.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH, Mandatory 
Service Bulletin No. MSB-42-024/3, dated September 19, 2006, which 
references Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-024, Revision 2, dated September 19, 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-Strabe 5, A-2700 Wiener 
Neustadt; Fax: **43-2622-26620; or e-mail: [email protected].
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this

[[Page 32787]]

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 June 6, 2007.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-11287 Filed 6-13-07; 8:45 am]
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