[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63167-63169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26001]


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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; 
Amendment 39-16833; AD 2011-21-10]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH 
Airplanes With Supplemental Type Certificate (STC) SA03674AT

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 Diamond 
Aircraft Industries GmbH Model (Diamond) DA 40 airplanes equipped with 
cabin air conditioning vapor cycle system (VCS) installed per STC 
SA03674AT held by Premier Aircraft Services (originally held by DER 
Services, Inc.) 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 AD was prompted by reports of damage around the VCS 
compressor mounting areas found during maintenance inspections. This AD 
requires deactivation of the VCS, removal of the compressor and 
bracket, and revision to the airplane weight and balance. We are 
issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective November 16, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 16, 
2011.

ADDRESSES: 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 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is 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: 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:

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 published in the Federal Register on June 28, 2011 (76 FR 
37684). That NPRM proposed to require removal of 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 37684, June 28, 
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes and the addition of an optional terminating 
action after the compressor is removed which will allow for the 
reinstallation and reactivation of the air conditioning system. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 37684, June 28, 2011) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

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

[[Page 63168]]



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

    According to the manufacturer, all of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

    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 that 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),
    (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.

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2011-21-10 Diamond Aircraft Industries GmbH Airplanes Equipped With 
Supplemental Type Certificate (STC) SA03674AT: Amendment 39-16833; 
Docket No. FAA-2011-0687; Directorate Identifier 2011-CE-017-AD.

(a) Effective Date

    This AD is effective November 16, 2011.

(b) Affected ADs

    None.

(c) Applicability

    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 installed per Premier Aircraft Service 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.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of damage around the VCS 
compressor mounting area found during maintenance inspections. We 
are issuing 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.

(f) Compliance

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

(g) Required Actions

    Within the next 100 hours time-in-service after installation of 
the VCS installed per STC SA03674AT held by Premier Aircraft Service 
(originally held by DER Services, Inc.) 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 
November 16, 2011 (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.

(h) Optional Actions

    If all actions in paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) 
of this AD have been completed, an optional terminating action 
allows you to reinstall the VCS compressor and reactivate the air 
conditioning system following Premier Aircraft Service Service 
Bulletin No. PAS-SB-40-2011-002, dated August 18, 2011; Seamech 
International Inc. Vapor Cycle Air Conditioning with Automatic 
Climate Control Instructions for Continued Airworthiness, ASI-
772216A, Revision G, dated August 9, 2011; Seamech International 
Inc. Kit Compressor Mounting, Drawing SII 2216155, Revision D, dated 
July 21, 2011; and DER Services Installation Instructions 
Engineering Order EO-2006-020-1, Revision F, dated August 18, 2011.

(i) Special Flight Permit

    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 AD.

(j) Alternative Methods of Compliance (AMOCs)

    (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

[[Page 63169]]

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.

(k) Related Information

    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].

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the 
following service information on November 16, 2011:
    (i) Premier Aircraft Service Work Instruction PAS-WI-MSB-40-
2011-001, dated March 4, 2011; and
    (ii) Premier Aircraft Service Mandatory Service Bulletin No. 
PAS-MSB-40-2011-001, dated March 4, 2011.
    (2) If you accomplish the optional actions specified by this AD, 
you must use the following service information to perform those 
actions. The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information on November 16, 2011:
    (i) Premier Aircraft Service Service Bulletin No. PAS-SB-40-
2011-002, dated August 18, 2011;
    (ii) Seamech International Inc. Vapor Cycle Air Conditioning 
with Automatic Climate Control Instructions for Continued 
Airworthiness, ASI-772216A, Revision G, dated August 9, 2011;
    (iii) Seamech International Inc. Kit Compressor Mounting, 
Drawing SII 2216155, Revision D, dated July 21, 2011;
    (iv) DER Services Installation Instructions Engineering Order 
EO-2006-020-1, Revision F, dated August 18, 2011.
    (3) 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.
    (4) You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material 
at the FAA, call (816) 329-4148.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on October 3, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-26001 Filed 10-11-11; 8:45 am]
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