[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67720-67722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0991 Directorate Identifier 2008-CE-054-AD; 
Amendment 39-15729; AD 2008-23-08]
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 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    In-service experience indicates that the powder coating of the 
rear right hand (RH) engine support bracket degrades over time, 
leading to a reduced torque of the engine mountings bolts. In some 
cases, bolts had fully unscrewed and fell into the engine cowling. 
One case was reported where the pilot had to shut down an engine in 
flight because of a failed V-belt, the cause of failure assumed to 
be one of these bolts. This condition, if not corrected, may lead to 
further cases of loose bolts and subsequent damage to the engine or 
accessories in the engine compartment, possibly resulting in in-
flight engine shut-down and reduced control of the aircraft.

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

DATES: This AD becomes effective December 22, 2008.
    On December 22, 2008, 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: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.

[[Page 67721]]


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 September 17, 2008 
(73 FR 53766). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    In-service experience indicates that the powder coating of the 
rear right hand (RH) engine support bracket degrades over time, 
leading to a reduced torque of the engine mountings bolts. In some 
cases, bolts had fully unscrewed and fell into the engine cowling. 
One case was reported where the pilot had to shut down an engine in 
flight because of a failed V-belt, the cause of failure assumed to 
be one of these bolts. This condition, if not corrected, may lead to 
further cases of loose bolts and subsequent damage to the engine or 
accessories in the engine compartment, possibly resulting in in-
flight engine shut-down and reduced control of the aircraft.
    To address and correct this situation, DAI has published MSB-42-
058, providing instructions to accomplish repetitive inspections and 
correction of the fastening torque of the affected engine mounting 
bolts and replacement of the bolts with wire-secured bolts Part 
Number (P/N) D60-9071-26-01, after which the repetitive torque 
checks are no longer required.

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

    Based on the service information, we estimate that this AD will 
affect 157 products of U.S. registry. We also estimate that it will 
take about 1.5 work-hours per product to comply with basic requirements 
of this AD. The average labor rate is $80 per work-hour. Required parts 
will cost about $0 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 $18,840 or $120 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:

2008-23-08 Diamond Aircraft Industries GmbH: Amendment 39-15729; 
Docket No. FAA-2008-0991; Directorate Identifier 2008-CE-054-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
22, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model DA 42 airplanes, all serial 
numbers, certificated in any category, that have Thielert TAE125-01 
engines installed, except those airplanes with engines identified by 
serial number in Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin No. MSB-42-058, dated May 21, 2008, that have been 
installed on the aircraft with wedge locking washers and bonded-in 
bolts and are therefore not affected by this AD.

Subject

    (d) Air Transport Association of America (ATA) Code 71: Power 
Plant.

Reason

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


[[Page 67722]]


    In-service experience indicates that the powder coating of the 
rear right hand (RH) engine support bracket degrades over time, 
leading to a reduced torque of the engine mountings bolts. In some 
cases, bolts had fully unscrewed and fell into the engine cowling. 
One case was reported where the pilot had to shut down an engine in 
flight because of a failed V-belt, the cause of failure assumed to 
be one of these bolts. This condition, if not corrected, may lead to 
further cases of loose bolts and subsequent damage to the engine or 
accessories in the engine compartment, possibly resulting in in-
flight engine shut-down and reduced control of the aircraft.
    To address and correct this situation, DAI has published MSB-42-
058, providing instructions to accomplish repetitive inspections and 
correction of the fastening torque of the affected engine mounting 
bolts and replacement of the bolts with wire-secured bolts Part 
Number (P/N) D60-9071-26-01, after which the repetitive torque 
checks are no longer required.
    For the reasons described above, this EASA AD requires the 
accomplishment of repetitive torque checks of the affected engine 
mounting bolts and replacement of the bolts with wire-secured bolts.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 100 hours time-in-service (TIS) after 
December 22, 2008 (the effective date of this AD) and repetitively 
thereafter at intervals not to exceed 100 hours TIS, do the 
inspection and correction of the fastening torque of the RH rear 
engine support bracket mounting bolts following Diamond Aircraft 
Industries GmbH Mandatory Service Bulletin No. MSB-42-058, dated May 
21, 2008; and Action 1 of Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB-42-058, dated March 12, 2008.
    (2) Within 6 months after December 22, 2008 (the effective date 
of this AD), replace all RH rear engine support bracket mounting 
bolts with wire-secured bolts, P/N D60-9071-26-01, following Diamond 
Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-058, 
dated May 21, 2008; and Action 2 of Diamond Aircraft Industries GmbH 
Work Instruction WI-MSB-42-058, dated March 12, 2008.
    (3) Installation of the wire-secured bolts, P/N D60-9071-26-01, 
as required by paragraph (f)(2) of this AD, terminates the 
repetitive torque inspections required by paragraph (f)(1) of this 
AD.
    (4) As of 6 months after December 22, 2008 (the effective date 
of this AD), no person shall install spare RH rear engine support 
bracket mounting bolts as replacement parts on any aircraft to which 
this AD applies, except P/N D60-9071-26-01 wire-secured bolts.

FAA AD Differences

    Note: 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 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: 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 European Aviation Safety Agency (EASA) AD No. 
2008-0139, dated July 24, 2008; Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin No. MSB-42-058, dated May 21, 2008; and 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-058, 
dated March 12, 2008, for related information.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB-42-058, dated May 21, 2008; and Diamond 
Aircraft Industries GmbH Work Instruction WI-MSB-42-058, dated March 
12, 2008, 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 October 29, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-26430 Filed 11-14-08; 8:45 am]
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