[Federal Register Volume 72, Number 223 (Tuesday, November 20, 2007)]
[Rules and Regulations]
[Pages 65217-65219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22177]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28955 Directorate Identifier 2007-CE-067-AD; 
Amendment 39-15260; AD 2007-23-14]
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:

    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.

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

DATES: This AD becomes effective December 26, 2007.
    On December 26, 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://www.regulations.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: 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:

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 August 27, 2007 (72 
FR 48948). That NPRM proposed 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.

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.

Revision of Service Bulletin

    On October 15, 2007, Diamond Aircraft Industries GmbH (Diamond) 
issued the revised Optional Service Bulletin (OSB) No. OSB-42-050/1. 
This revision clarifies that if Diamond Mandatory Design Change 
(M[Auml]M) No. M[Auml]M 42-240 is installed or if the aircraft is in 
compliance with Diamond Mandatory Service Bulletin (MSB) No. MSB-42-
042, you must first uninstall Diamond M[Auml]M No. M[Auml]M 42-240 or 
Diamond MSB No. MSB-42-042 when accomplishing Diamond OSB No. OSB-42-
050/1, dated October 15, 2007.
    This revision also excludes aircraft that have installed Diamond 
Optional Design Change (O[Auml]M) No. O[Auml]M 42-074. Diamond O[Auml]M 
No. O[Auml]M 42-074 is a modification that places equipment in the same 
location as the batteries in Diamond OSB No. OSB-42-050/1, dated 
October 15, 2007. Aircraft with Diamond O[Auml]M No. O[Auml]M 42-074 
installed will not be able to comply with Diamond OSB No. OSB-42-050/1, 
dated October 15, 2007. However, this AD still applies to aircraft with 
Diamond O[Auml]M No. O[Auml]M 42-074 installed.
    To our knowledge there are currently no aircraft registered in the 
United States with Diamond O[Auml]M No. O[Auml]M 42-074 installed. 
Owner/operators seeking to import aircraft with Diamond O[Auml]M No. 
O[Auml]M 42-074 installed or seeking to install Diamond O[Auml]M No. 
O[Auml]M 42-074 in a U.S.-registered aircraft will need to contact 
Diamond for an alternative method of compliance (AMOC) to this AD or 
develop an AMOC, which must be submitted to the FAA for approval. We 
have revised the language from the proposed AD to require use of 
Diamond OSB No. OSB-42-050/1, dated October 15, 2007, and to add 
language requiring compliance with this AD if Diamond O[Auml]M No. 
O[Auml]M 42-074 is installed.

Revision of Work Instruction

    On September 10, 2007, Diamond issued revised Work Instruction WI-
OSB-42-050, Revision 2. This revision corrects a mistake in the 
instruction that would have caused a short circuit at the battery relay 
control. The revision also changes the diode wiring procedure to expose 
additional safety thread on the screws at the bottom of the instrument 
panel. Previously each cable had its

[[Page 65218]]

own ring terminal, but now the two corresponding cables are crimped 
into one ring terminal. We have revised the language from the proposed 
AD to require you to use Diamond Work Instruction WI-OSB-42-050, 
Revision 2, dated September 10, 2007.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. The change corrects an error in the work instruction, and 
this change does not increase the scope or the burden beyond that which 
was proposed in the NPRM.

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 86 products of U.S. registry. 
We also estimate that it will take about 13 work-hours per product to 
comply with basic requirements of this 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 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 $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 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://www.regulations.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:

2007-23-14 Diamond Aircraft Industries: Amendment 39-15260; Docket 
No. FAA-2007-28955; Directorate Identifier 2007-CE-067-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
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 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 December 26, 2007 (the 
effective date of this AD) or within 30 days after

[[Page 65219]]

December 26, 2007 (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 2, 
dated September 10, 2007, as referenced in Diamond Aircraft 
Industries GmbH Optional Service Bulletin No. OSB-42-050\1, dated 
October 15, 2007. If your aircraft has Diamond Aircraft Industries 
GmbH Optional Design Change No. O[Auml]M 42-074 installed, you will 
need to show compliance with this paragraph through an alternative 
method of compliance (AMOC) in accordance with paragraph (g)(1) of 
this AD.
    (2) Incorporate Diamond Aircraft Temporary Revision AMM-TR-
O[Auml]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:
    (1) 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. In accordance with 14 CFR 23.1353(h), 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. The batteries 
specified in Diamond Aircraft Industries GmbH Work Instruction WI-
OSB-42-050, Revision 2, dated September 10, 2007, will provide a 
minimum of 30 minutes of backup electrical power for the engine 
FADECs when installed in accordance with Diamond Aircraft Industries 
GmbH Work Instruction WI-OSB-42-050, Revision 2, dated September 10, 
2007. We have discussed this difference with EASA, and they accepted 
that the FAA's view is different to require installation of larger 
capacity batteries.
    (2) Diamond Aircraft Industries GmbH Optional Service Bulletin 
No. OSB-42-050\1, dated October 15, 2007, excludes aircraft with 
Diamond Aircraft Industries GmbH O[Auml]M No. O[Auml]M 42-074 
installed because Diamond Aircraft Industries GmbH O[Auml]M No. 
O[Auml]M 42-074 adds equipment that is in the same location as the 
batteries in Diamond Aircraft Industries GmbH Optional Service 
Bulletin No. OSB-42-050\1, dated October 15, 2007. The unsafe 
condition still needs to be addressed in aircraft with Diamond 
Aircraft Industries GmbH O[Auml]M No. O[Auml]M 42-074 installed. 
Therefore, this AD does apply to aircraft with Diamond Aircraft 
Industries GmbH O[Auml]M No. O[Auml]M 42-074 installed and owners/
operators of aircraft with Diamond Aircraft Industries GmbH O[Auml]M 
No. O[Auml]M 42-074 installed will need to seek an AMOC for those 
aircraft.

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\1, dated October 15, 2007; 
Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-050, 
Revision 2, dated September 10, 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.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH Optional 
Service Bulletin No. OSB-42-050[bs]1, dated October 
15, 2007, and Diamond Aircraft Industries GmbH Work Instruction WI-
OSB-42-050, Revision 2, dated September 10, 2007, 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 5, A-2700 
Wiener Neustadt; telephone: +43 2622 26700; fax: +43 2622 26780; 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 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 November 7, 2007.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-22177 Filed 11-19-07; 8:45 am]
BILLING CODE 4910-13-P