[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Proposed Rules]
[Pages 37684-37686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16137]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0687; Directorate Identifier 2011-CE-017-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH Model 
(Diamond) DA 40 Airplanes Equipped With Certain Cabin Air Conditioning 
Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD would require deactivation and 
removal of the vapor cycle system (VCS) installed per STC SA03674AT 
held by Premier Aircraft Services (originally held by DER Services) 
following DER Services Master Document List MDL-2006-020-1, Revision C, 
dated February 3, 2009; Revision D, dated April 22, 2009; Revision E, 
dated May 12, 2010; or Revision F, dated July 6, 2010. This proposed AD 
would also require revision to the airplane weight and balance. This 
proposed AD was prompted by reports of damage around the VCS compressor 
mounting areas found during maintenance inspections. We are proposing 
this AD to remove the VCS mount, which could result in the air 
conditioner compressor

[[Page 37685]]

disconnecting in the engine compartment. This condition could result in 
engine stoppage or additional damage to the engine.

DATES: We must receive comments on this proposed AD by August 12, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Premier Aircraft Service, 5540 NW. 23 Avenue Hangar 14, Ft. Lauderdale, 
FL 33309, telephone: (954) 771-0411; fax: (954) 334-1489; Internet: 
http://www.flypas.com. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust St., 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148.

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 this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Hal Horsburgh, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, 
College Park, Georgia 30337; telephone: (404) 474-5553; fax: (404) 474-
5606; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2011-0687, 
Directorate Identifier 2011-CE-017-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://www.regulations.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

    We received reports of damage found during maintenance inspections 
of the Diamond Model DA 40 airplanes equipped with a VCS installed per 
Premier Aircraft Service STC SA03674AT held by Premier Aircraft 
Services (originally held by DER Services) following DER Services 
Master Document List MDL-2006-020-1, Revision C, dated February 3, 
2009; Revision D, dated April 22, 2009; Revision E, dated May 12, 2010; 
or Revision F, dated July 6, 2010. The damage included excessive wear 
in the VCS compressor mounting holes, mounting brackets, and the 
mounting bolt, and denting was found around the mounting bracket and 
compressor due to unintended relative motion. We are proposing this AD 
to remove the VCS mount, which could result in the air conditioner 
compressor disconnecting in the engine compartment. This condition 
could result in engine stoppage or additional damage to the engine.

Relevant Service Information

    We reviewed Premier Aircraft Service Work Instruction PAS-WI-MSB-
40-2011-001, dated March 4, 2011; and Premier Aircraft Service 
Mandatory Service Bulletin No. PAS-MSB-40-2011-001, dated March 4, 
2011. The service information describes procedures for deactivation of 
the VCS Compressor and associated mounting hardware and the removal of 
the VCS installed per Premier Aircraft Service STC SA03674AT.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require deactivation of the VCS Compressor 
and removal of the VCS and the associated mounting hardware, except as 
discussed under ``Differences Between the Proposed AD and the Service 
Information.''

Differences Between the Proposed AD and the Service Information

    The service information requires compliance prior to flight after 
effectivity of the service information. The service information also 
includes a reporting requirement.
    This proposed AD requires a compliance time of within the next 100 
hours time-in-service after installation of the STC or 30 days after 
the effective date of this proposed AD, whichever occurs later. We are 
not including the reporting requirement.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Remove the VCS compressor,          3 work-hours x $85     Not applicable.......            $255          $2,805
 deactivate system, and revise       per hour = $255
 weight and balance.
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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,

[[Page 37686]]

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 
airworthiness directive (AD):

Diamond Aircraft Industries GmbH Model (Diamond) DA 40 Airplanes 
Equipped With Certain Cabin Air Conditioning Systems: Docket No. 
FAA-2011-0687; Directorate Identifier 2011-CE-017-AD.

Comments Due Date

    (a) We must receive comments by August 12, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Diamond Aircraft Industries GmbH Model DA 
40 airplanes, all serial numbers that:
    (1) Are equipped with vapor cycle system (VCS) cabin air 
conditioning systems installed per Premier Aircraft Services 
Supplemental Type Certificate (STC) SA03674AT following DER Services 
Master Document List MDL-2006-020-1, Revision C, dated February 3, 
2009; Revision D, dated April 22, 2009; Revision E, dated May 12, 
2010; or Revision F, dated July 6, 2010; and
    (2) Are certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC) Code 2150, Cabin 
Cooling System.

Unsafe Condition

    (e) This AD was prompted by reports of damage around the VCS 
compressor mounting area found during maintenance inspections. We 
are proposing this AD to remove the VCS compressor and mount, as a 
result of excessive wear, which could result in the air conditioner 
compressor disconnecting in the engine compartment. This condition 
could result in engine stoppage or additional damage to the engine.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

Required Actions

    (g) Within the next 100 hours time-in-service after installation 
of the VCS installed per STC SA03674AT held by Premier Aircraft 
Services (originally held by DER Services) following DER Services 
Master Document List MDL-2006-020-1, Revision C, dated February 3, 
2009; Revision D, dated April 22, 2009; Revision E, dated May 12, 
2010; or Revision F, dated July 6, 2010, or within 30 days after the 
effective date of this AD, whichever occurs later, do the following 
actions following Premier Aircraft Service Work Instruction PAS-WI-
MSB-40-2011-001, dated March 4, 2011; and Premier Aircraft Service 
Mandatory Service Bulletin No. PAS-MSB-40-2011-001, dated March 4, 
2011:
    (1) Deactivate the VCS system.
    (2) Pull and collar the compressor breaker and place a placard 
above the breaker stating ``INOP.''
    (3) Remove the VCS compressor and associated mounting hardware.
    (4) Revise the airplane weight and balance.

Special Flight Permit

    (h) The compressor drive belt must be cut and removed before the 
airplane may be moved for one ferry flight to an approved repair 
facility to comply with the remainder of this proposed AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Atlanta Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

Related Information

    (j) For more information about this AD, contact Hal Horsburgh, 
Aerospace Engineer, FAA, Atlanta ACO, 1701 Columbia Avenue, College 
Park, Georgia 30337; telephone: (404) 474-5553; fax: (404) 474-5606; 
e-mail: [email protected].
    (k) For service information identified in this AD, contact 
Premier Aircraft Service, 5540 NW. 23 Avenue Hangar 14, Ft. 
Lauderdale, FL 33309, telephone: (954) 771-0411; fax: (954) 334-
1489; Internet: http://www.flypas.com. You may review copies of the 
referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, MO 64106. For information on 
the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on June 22, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-16137 Filed 6-27-11; 8:45 am]
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