[Federal Register Volume 72, Number 165 (Monday, August 27, 2007)]
[Proposed Rules]
[Pages 48948-48950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16891]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 72, No. 165 / Monday, August 27, 2007 / 
Proposed Rules  

[[Page 48948]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28955; Directorate Identifier 2007-CE-067-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH Model 
DA 42 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated 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:

    Recently, a double in-flight engine shut down incident occurred 
on a DA42 aircraft equipped with TAE125-01 engines. The BFU (German 
Accident Investigation Body) found the root cause to be a violation 
of the Airplane Flight Manual procedures (taking-off with an 
insufficiently charged main aircraft battery) and momentary low 
voltage in the electrical system of the aircraft when retracting the 
main landing gear. This has been the subject of Diamond Service 
Information (SI) 42-040 and a subsequent EASA Safety Information 
Notice, SIN 2007-08, issued on 18 April 2007.
    The TAE125-01 and TAE125-02-99 engines, approved for 
installation on the DA42, are FADEC (Full Authority Digital Engine 
Control) controlled and are not totally independent from the 
aircraft electrical power supply. A significant drop of the voltage 
causes simultaneously a reset of the FADEC on both engines with 
subsequent feathering of the propeller blades. In the case of an 
empty battery this scenario may be considered as catastrophic at the 
aircraft level.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 26, 
2007.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to 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 proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Peter L. Rouse, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4135; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28955; Directorate Identifier 2007-CE-067-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No: 2007-0183, dated July 2, 2007 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Recently, a double in-flight engine shut down incident occurred 
on a DA42 aircraft equipped with TAE125-01 engines. The BFU (German 
Accident Investigation Body) found the root cause to be a violation 
of the Airplane Flight Manual procedures (taking-off with an 
insufficiently charged main aircraft battery) and momentary low 
voltage in the electrical system of the aircraft when retracting the 
main landing gear. This has been the subject of Diamond Service 
Information (SI) 42-040 and a subsequent EASA Safety Information 
Notice, SIN 2007-08, issued on 18 April 2007.
    The TAE125-01 and TAE125-02-99 engines, approved for 
installation on the DA42, are FADEC (Full Authority Digital Engine 
Control) controlled and are not totally independent from the 
aircraft electrical power supply. A significant drop of the voltage 
causes simultaneously a reset of the FADEC on both engines with 
subsequent feathering of the propeller blades. In the case of an 
empty battery this scenario may be considered as catastrophic at the 
aircraft level.
    The Thielert Aircraft Engines (TAE) Installation Manuals IM-02-
01 Issue 4 and IM-02-02 Issue 1 have been revised to address this 
issue, which is the subject of EASA Airworthiness Directive (AD) 
2007-0182.
    The present AD, regarding the new specifications introduced by 
the TAE Installation Manuals, mandates installation of additional 
Engine Control Unit (ECU) Backup Batteries to supply electrical 
power to the ECU, preventing high transient power drains from 
causing a short-term voltage drop when insufficient power from the 
main battery might exist.

    You may obtain further information by examining the MCAI in the AD 
docket.

[[Page 48949]]

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Optional Service 
Bulletin No. OSB-42-050, dated August 13, 2007; and Work Instruction 
WI-OSB-42-050, Revision 1, dated August 20, 2007. 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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 have proposed different actions in this AD from those in the 
MCAI in order to follow FAA policies. We believe that the batteries 
specified in the MCAI do not fully address the unsafe condition for 
U.S. registered airplanes. The batteries specified in the MCAI only 
provide approximately 10 minutes of backup electrical power to the 
engine full authority digital engine controls (FADECs) in the event of 
an aircraft electrical failure. The FAA requires a minimum of 30 
minutes of backup electrical power for the engine FADECs in the event 
of an aircraft electrical failure. To fully address the unsafe 
condition, Diamond Aircraft Industries GmbH has developed different 
part numbers and procedures for U.S. registered airplanes. These 
procedures require the installation of larger capacity batteries than 
the MCAI required. We have discussed this difference with EASA and they 
accepted that the FAA's view is different to require installation of 
larger capacity batteries.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 86 products of U.S. registry. We also estimate that 
it would take about 13 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these costs. 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 the proposed AD on 
U.S. operators to be $89,440, or $1,040 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 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. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2007-28955; 
Directorate Identifier 2007-CE-067-AD.

Comments Due Date

    (a) We must receive comments by September 26, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to DA 42 airplanes, all serial numbers, 
certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Recently, a double in-flight engine shut down incident occurred 
on a DA42 aircraft equipped with TAE125-01 engines. The BFU (German 
Accident Investigation Body) found the root cause to be a violation 
of the Airplane Flight Manual procedures (taking-off with an 
insufficiently charged main aircraft battery) and momentary low 
voltage in the electrical system of the aircraft when retracting the 
main landing gear. This has been the subject of Diamond Service 
Information (SI) 42-040 and a subsequent EASA Safety Information 
Notice, SIN 2007-08, issued on 18 April 2007.
    The TAE125-01 and TAE125-02-99 engines, approved for 
installation on the DA42, are FADEC (Full Authority Digital Engine 
Control) controlled and are not totally independent from the 
aircraft electrical power supply. A significant drop of the voltage 
causes simultaneously a reset of the FADEC on both engines with 
subsequent feathering of the propeller blades. In the case of an 
empty battery this scenario may be considered as catastrophic at the 
aircraft level.
    The Thielert Aircraft Engines (TAE) Installation Manuals IM-02-
01 Issue 4 and

[[Page 48950]]

IM-02-02 Issue 1 have been revised to address this issue, which is 
the subject of EASA Airworthiness Directive (AD) 2007-0182.
    The present AD, regarding the new specifications introduced by 
the TAE Installation Manuals, mandates installation of additional 
Engine Control Unit (ECU) Backup Batteries to supply electrical 
power to the ECU, preventing high transient power drains from 
causing a short-term voltage drop when insufficient power from the 
main battery might exist.

Actions and Compliance

    (f) Unless already done, do the following actions within the 
next 100 hours time-in-service after the effective date of this AD 
or within 30 days after the effective date of this AD, whichever 
occurs first:
    (1) Modify the engine electrical system by installing additional 
engine control unit (ECU) backup batteries following Diamond 
Aircraft Industries GmbH Work Instruction WI-OSB-42-050, Revision 1, 
dated August 20, 2007, as referenced in Diamond Aircraft Industries 
GmbH Optional Service Bulletin No. OSB-42-050, dated August 13, 
2007.
    (2) Incorporate Diamond Aircraft Temporary Revision AMM-TR-O-M-
42-129, dated July 11, 2007, into the FAA-approved maintenance 
program (e.g., maintenance manual). The owner/operator holding at 
least a private pilot certificate as authorized by section 43.7 of 
the Federal Aviation Regulations (14 CFR 43.7) may do this action. 
Make an entry in the aircraft records showing compliance with this 
portion of the AD following section 43.9 of the Federal Aviation 
Regulations (14 CFR 43.9).
    (3) Update the airplane flight manual (AFM) by inserting a copy 
of Diamond Aircraft Temporary Revision TR-O[Auml]M-42-129, dated 
July 11, 2007, into the AFM. The owner/operator holding at least a 
private pilot certificate as authorized by section 43.7 of the 
Federal Aviation Regulations (14 CFR 43.7) may do this action. Make 
an entry in the aircraft records showing compliance with this 
portion of the AD following section 43.9 of the Federal Aviation 
Regulations (14 CFR 43.9).

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: We believe that the batteries specified in the MCAI do 
not fully address the unsafe condition for U.S. registered 
airplanes. The batteries specified in the MCAI only provide 
approximately 10 minutes of backup electrical power to the engine 
full authority digital engine controls (FADECs) in the event of an 
aircraft electrical failure. The FAA requires a minimum of 30 
minutes of backup electrical power for the engine FADECs in the 
event of an aircraft electrical failure. To fully address the unsafe 
condition, Diamond Aircraft Industries has developed different part 
numbers and procedures for U.S. registered airplanes. These 
procedures require the installation of larger capacity batteries 
than the MCAI required. We have discussed this difference with EASA 
and they accepted that the FAA's view is different to require 
installation of larger capacity batteries.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, 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: Peter L. Rouse, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4135; 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 European Aviation Safety Agency (EASA) AD No. 
2007-0183, dated July 2, 2007; Diamond Aircraft Industries GmbH 
Optional Service Bulletin No. OSB-42-050, dated August 13, 2007; 
Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-050, 
Revision 1, dated August 20, 2007; Diamond Aircraft Temporary 
Revision AMM-TR-O[Auml]M-42-129, dated July 11, 2007; and Diamond 
Aircraft Temporary Revision TR-O[Auml]M-42-129, dated July 11, 2007, 
for related information.

    Issued in Kansas City, Missouri, on August 21, 2007.
Brian A. Yanez,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-16891 Filed 8-24-07; 8:45 am]
BILLING CODE 4910-13-P