[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Rules and Regulations]
[Pages 36861-36863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12500]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27610 Directorate Identifier 2007-CE-023-AD; 
Amendment 39-15120; AD 2007-13-16]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 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

[[Page 36862]]

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

    It has been determined that the surface roughness of the wing 
stub safety walks Series 300, gray color (equals sandpaper grid 40), 
installed during production on some aeroplane S/Ns, adversely 
affects the aircraft single engine climb performance.

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

DATES: This AD becomes effective August 10, 2007.
    On August 10, 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 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:

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 24, 2007 (72 
FR 20296). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been determined that the surface roughness of the wing 
stub safety walks Series 300, gray color (equals sandpaper grid 40), 
installed during production on some aeroplane S/Ns, adversely 
affects the aircraft single engine climb performance.

    AFM published twin engine climb performance is not affected by this 
AD.

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 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 $285 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 $25,550 or $365 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 
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:

2007-13-16 Diamond Aircraft Industries GmbH: Amendment 39-15120; 
Docket No. FAA-2007-27610; Directorate Identifier 2007-CE-023-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
10, 2007.

Affected ADs

    (b) None.

[[Page 36863]]

Applicability

    (c) This AD applies to Model DA 42 airplanes, serial numbers (S/
N) 42.004 and up, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been determined that the surface roughness of the wing 
stub safety walks Series 300, gray color (equals sandpaper grid 40), 
installed during production on some aeroplane S/Ns, adversely 
affects the aircraft single engine climb performance.

    AFM published twin engine climb performance is not affected by 
this AD.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For S/N 42.004 through 42.035, and 42.037: Within 60 days 
after August 10, 2007 (the effective date of this AD), do the 
following actions following Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin No. MSB-42-006/1, dated September 20, 
2005:
    (i) Exchange the wing stub safety walks following paragraph 1.8, 
Action 2 a) to b) of Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB-42-006/1, dated September 20, 2005.
    (ii) Insert Diamond Aircraft Airplane Flight Manual Temporary 
Revision Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated 
September 20, 2005, Revision 3 to the Airplane Flight Manual (AFM), 
or any future revision that incorporates the same information into 
the Diamond Aircraft Industries GmbH Aircraft Airplane Flight Manual 
DA 42, Doc. 7.01.05-E.
    (2) For S/N 42.036, 42.038 through 42.064, 42.107, 42.109, 
42.110, and 42.177: Within 60 days after August 10, 2007 (the 
effective date of this AD), insert Diamond Aircraft Airplane Flight 
Manual Temporary Revision Performance Data DA 42 AFM TR-M[Auml]M-42-
111/a, dated September 20, 2005, Revision 3 to the AFM, or any 
future revision that incorporates the same information into the 
Diamond Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 
42, Doc. 7.01.05-E.
    (3) For S/N 42.004 and up: Within 60 days after August 10, 2007 
(the effective date of this AD), adhere to the following:
    (i) No wing stub safety walks Series 300 (equals sandpaper grid 
40), gray color, part number (P/N) D60-1127-10-51 (no revision 
letter attached) may be installed as a spare part on the Model DA 42 
airplane. Only Diamond Aircraft Industries (DAI) GmbH released 
safety walk P/Ns with a surface roughness equal to or finer than 
sandpaper grid 100 are approved for installation as spare parts.
    (ii) Diamond Aircraft Airplane Flight Manual Temporary Revision 
Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated September 20, 
2005, Revision 3 to the AFM, or any future revision that 
incorporates the same information, must remain part of Diamond 
Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc. 
7.01.05-E.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI and service bulletin require the insertion of 
Diamond Aircraft Airplane Flight Manual Temporary Revision 
Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated September 20, 
2005, Revision 3 to the Airplane Flight Manual, or any future 
revision that incorporates the same information into the Diamond 
Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc. 
7.01.05-E, immediately upon receipt. We consider immediately upon 
receipt as an urgent safety of flight compliance time, and we do not 
consider this unsafe condition to be an urgent safety of flight 
condition. Because we do not consider this unsafe condition to be an 
urgent safety of flight condition, we issued this action through the 
normal notice of proposed rulemaking (NPRM) AD process followed by 
this final rule. The time of 60 days after August 10, 2007 (the 
effective date of this AD) is an adequate compliance for this AD 
action and met the FAA requirements of an NPRM followed by a final 
rule.
    (2) Paragraphs A)i) and B)i) of the MCAI, state to assure that 
AFM TR-MAM-42-103, distributed with DAI MSB42-005, is inserted into 
AFM Doc. 7.01.05-E, rev. 2 or earlier revision. This AFM requirement 
was for an MCAI on which the United States did not take AD action. 
The action is no longer necessary when the actions in this AD are 
done. Therefore, the action is not being mandated in the U.S. AD 
action.
    (3) The MCAI references revision 2 of the AFM. The FAA AD 
references revision 3.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, 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: Sarjapur Nagarajan, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090. 
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 Austrian Civil Aviation Administration Austro 
Control GmbH AD No. A-2005-003, dated October 21, 2005; Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-006/
1, dated September 20, 2005; and Diamond Aircraft Temporary Revision 
Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated September 20, 
2005, for related information.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB-42-006/1, dated September 20, 2005; and 
Diamond Aircraft Temporary Revision Performance Data DA 42 AFM TR-
M[Auml]M-42-111/a, dated September 20, 2005, 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 Inc., 1560 Crumlin Sideroad, London, 
Ontario, Canada N5V 1S2; telephone: (519) 457-4051; fax: (800) 934-
3519.
    (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 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 21, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-12500 Filed 7-5-07; 8:45 am]
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