Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 42 Airplanes, 20296-20298 [E7-7752]
Download as PDF
<![CDATA[
20296
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Proposed Rules
(g) For airplanes on which the actions
described in paragraph (f)(1) of this AD are
performed, doing the actions described in
paragraph (f)(2) of this AD is terminating
action for the requirements of paragraph (f)(1)
of this AD. Once the initial detailed
inspection specified in paragraph (f)(2) of
this AD is performed, the AFM limitation
and placard required by paragraph (f)(1) of
this AD may be removed.
Borescope Inspections
(h) For airplanes not operated under the
limitation in paragraph (f)(1) of this AD:
Before the next 10 flight cycles in which the
slat anti-icing system is activated after the
effective date of this AD, do a borescope
inspection of each flexible hose installed in
the slat anti-icing system. Do all the
inspections and any applicable corrective
action (including replacing the hose with a
new hose having P/N FAL1005D), by
accomplishing all of the applicable actions
specified in the Accomplishment
Instructions of Dassault Alert Service
Bulletin F10–A312, Revision 1, dated June
27, 2005. Any corrective action must be done
before further flight. Repeat the inspection
thereafter at intervals not to exceed 10 flight
cycles in which the slat anti-icing system is
activated. Doing this inspection terminates
the repetitive inspection requirements of
paragraph (f)(2) of this AD.
(i) For airplanes on which the actions
described in paragraph (f)(1) of this AD are
performed, doing the actions described in
paragraph (h) of this AD is terminating action
for the requirements of paragraph (f)(1) of
this AD. Once the initial borescope
inspection specified in paragraph (h) of this
AD is performed, the AFM limitation and
placard required by paragraph (f)(1) of this
AD may be removed.
AFM Revision
(j) For airplanes not operated under the
limitation in paragraph (f)(1) of this AD:
Before further flight after the effective date of
this AD, revise the Limitations section of the
Dassault Aviation Falcon 10 AFM, to include
the following information.
‘‘After each flight in which the slat anti-ice
system is activated, inform maintenance.’’
The AFM revision may be done by inserting
a copy of this AD into the AFM.
Note 3: When a statement identical to that
in paragraph (j)(1) of this AD has been
included in the general revision of the AFM,
the general revision may be inserted into the
AFM, and the copy of this AD may be
removed from the AFM.
jlentini on PROD1PC65 with PROPOSAL
New Requirements of This AD
Hose Replacement
(k) Within 330 flight hours or 7 months
after the effective date of this AD, whichever
occurs first: Replace the flexible hoses
installed in the slat anti-icing system with
new hoses having P/N FAL1007, in
accordance with the Accomplishment
Instructions of Dassault Service Bulletin
F10–313, Revision 1, dated May 10, 2006.
This replacement terminates the
requirements of paragraphs (f) through (j) of
this AD. For airplanes previously operated
VerDate Aug<31>2005
18:31 Apr 23, 2007
Jkt 211001
under the limitation in paragraph (f)(1) of
this AD: When the hoses have been replaced,
the AFM limitation and placard required by
paragraph (f)(1) of this AD may be removed.
Repeat the hose replacement at intervals not
to exceed 700 flight cycles.
(l) Replacement of a hose before the
effective date of this service bulletin in
accordance with Dassault Service Bulletin
F10–313, dated August 10, 2005, is
acceptable for compliance with the
requirements of paragraph (k) of this AD.
Alternative Methods of Compliance
(AMOCs)
(m)(1) The Manager, International Branch,
ANM–116, FAA, has the authority to approve
AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
(3) An AMOC approved previously in
accordance with AD 2005–18–14 is approved
as an AMOC for the corresponding
provisions of this AD.
Related Information
(n) EASA airworthiness directive 2006–
0114, dated May 10, 2006, also addresses the
subject of this AD.
Issued in Renton, Washington, on April 16,
2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–7741 Filed 4–23–07; 8:45 am]
product. The MCAI describes the unsafe
condition as:
It has been determined that the surface
roughness of the wing stub safety walks
Series 300, gray color (equals sandpaper grid
40), installed during production on some
aeroplane S/Ns, adversely affects the aircraft
single engine climb performance.
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 May 24, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web Site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Fax: (202) 493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
AGENCY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://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–
5227) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
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.
SUPPLEMENTARY INFORMATION:
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
Streamlined Issuance of AD
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. This streamlined
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
follow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27610; Directorate
Identifier 2007–CE–023–AD]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries GmbH Model DA 42
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
E:\FR\FM\24APP1.SGM
24APP1
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Proposed Rules
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This proposed AD references the
MCAI and related service information
that we considered in forming the
engineering basis to correct the unsafe
condition. The proposed AD contains
text copied from the MCAI and for this
reason might not follow our plain
language principles.
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–2007–27610; Directorate Identifier
2007–CE–023–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 https://
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 Austrian Civil Aviation
Administration (Austro Control), which
is the airworthiness authority for
Austria, has issued AD No. A–2005–
003, dated October 21, 2005 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
It has been determined that the surface
roughness of the wing stub safety walks
Series 300, gray color (equals sandpaper grid
40), installed during production on some
aeroplane S/Ns, adversely affects the aircraft
single engine climb performance.
You may obtain further information
by examining the MCAI in the AD
docket.
jlentini on PROD1PC65 with PROPOSAL
Relevant Service Information
Diamond Aircraft Industries GmbH
has issued Mandatory Service Bulletin
No. MSB–42–006/1, dated September
20, 2005; and Diamond Aircraft
Airplane Flight Manual Temporary
Revision Performance Data DA 42 AFM
¨
TR–MAM–42–111/a, dated September
20, 2005. The actions described in this
service information are intended to
correct the unsafe condition identified
in the MCAI.
VerDate Aug<31>2005
18:31 Apr 23, 2007
Jkt 211001
20297
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.
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.
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 might also have proposed
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
proposed AD.
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.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 70 products of U.S. registry.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Required
parts would cost about $285 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 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 $25,550, or $365 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.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
Regulatory Findings
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Diamond Aircraft Industries GmbH: Docket
No. FAA–2007–27610; Directorate
Identifier 2007–CE–023–AD.
E:\FR\FM\24APP1.SGM
24APP1
20298
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Proposed Rules
Comments Due Date
(a) We must receive comments by May 24,
2007.
Applicability
(c) This AD applies to DA 42 airplanes,
serial numbers (S/N) 42.004 and up,
certificated in any category.
Subject
(d) Air Transport Association of America
(ATA) Code 57: Wings.
jlentini on PROD1PC65 with PROPOSAL
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
It has been determined that the surface
roughness of the wing stub safety walks
Series 300, gray color (equals sandpaper grid
40), installed during production on some
aeroplane S/Ns, adversely affects the aircraft
single engine climb performance.
Actions and Compliance
(f) Unless already done, do the following
actions:
(1) For S/N 42.004 through 42.035, and
42.037: Within 60 days after the effective
date of this AD, do the following actions
following Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB–42–
006/1, dated September 20, 2005:
(i) Exchange the wing stub safety walks
following paragraph 1.8, Action 2 a) to b) of
Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB–42–
006/1, dated September 20, 2005.
(ii) Insert Diamond Aircraft Airplane Flight
Manual Temporary Revision Performance
¨
Data DA 42 AFM TR–MAM–42–111/a, dated
September 20, 2005, Revision 3 to the
Airplane Flight Manual (AFM), or any future
revision that incorporates the same
information into the Diamond Aircraft
Industries GmbH Aircraft Airplane Flight
Manual DA 42, Doc. 7.01.05–E.
(2) For S/N 42.036, 42.038 through 42.064,
42.107, 42.109, 42.110, and 42.177: Within
60 days after the effective date of this AD,
insert Diamond Aircraft Airplane Flight
Manual Temporary Revision Performance
¨
Data DA 42 AFM TR–MAM–42–111/a, dated
September 20, 2005, Revision 3 to the AFM,
or any future revision that incorporates the
same information into the Diamond Aircraft
Industries GmbH Aircraft Airplane Flight
Manual DA 42, Doc. 7.01.05–E.
(3) For S/N 42.004 and up: Within 60 days
after the effective date of this AD, adhere to
the following:
(i) No wing stub safety walks Series 300
(equals sandpaper grid 40), gray color, part
number (P/N) D60–1127–10–51 (no revision
letter attached) may be installed as a spare
part on the Model DA 42 airplane. Only
Diamond Aircraft Industries (DAI) GmbH
released safety walk P/Ns with a surface
roughness equal to or finer than sandpaper
grid 100 are approved for installation as
spare parts.
(ii) Diamond Aircraft Airplane Flight
Manual Temporary Revision Performance
¨
Data DA 42 AFM TR–MAM–42–111/a, dated
VerDate Aug<31>2005
18:31 Apr 23, 2007
Jkt 211001
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.
FAA AD Differences
Affected ADs
(b) None.
September 20, 2005, Revision 3 to the AFM,
or any future revision that incorporates the
same information, must remain part of
Diamond Aircraft Industries GmbH Aircraft
Airplane Flight Manual DA 42, Doc. 7.01.05–
E.
Related Information
(h) Refer to MCAI Austrian Civil Aviation
Administration Austro Control GmbH AD
No. A–2005–003, dated October 21, 2005;
Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB–42–
006/1, dated September 20, 2005; and
Diamond Aircraft Temporary Revision
¨
Performance Data DA 42 AFM TR–MAM–42–
111/a, dated September 20, 2005, for related
information.
Note: This AD differs from the MCAI and/
or service information as follows:
(1) The MCAI and service bulletin require
the insertion of Diamond Aircraft Airplane
Flight Manual Temporary Revision
¨
Performance Data DA 42 AFM TR–MAM–42–
111/a, dated September 20, 2005, Revision 3
to the Airplane Flight Manual, or any future
revision that incorporates the same
information into the Diamond Aircraft
Industries GmbH Aircraft Airplane Flight
Manual DA 42, Doc. 7.01.05–E, immediately
upon receipt. We consider immediately upon
receipt as an urgent safety of flight
compliance time, and we do not consider this
unsafe condition to be an urgent safety of
flight condition. Because we do not consider
this unsafe condition to be an urgent safety
of flight condition, we issued this action
through the normal notice of proposed
rulemaking (NPRM) AD process. The time of
60 days after the effective date of this AD is
an adequate compliance for this AD action
and met the FAA requirements of an NPRM
followed by a final rule.
(2) Paragraphs A)i) and B)i) of the MCAI,
state to assure that AFM TR–MAM–42–103,
distributed with DAI MSB42–005, is inserted
into AFM Doc. 7.01.05–E, rev. 2 or earlier
revision. This AFM requirement was for an
MCAI that the United States did not take AD
action on. The action is no longer necessary
when the actions proposed in this NPRM are
done. Therefore, the action is not being
mandated in the U.S. AD action.
(3) The MCAI references revision 2 of the
AFM. However, the current revision level of
the AFM is revision 3. The FAA AD
references revision 3.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff,
FAA, 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, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. 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
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
Issued in Kansas City, Missouri, on April
17, 2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–7752 Filed 4–23–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27723; Directorate
Identifier 2007–CE–029–AD]
RIN 2120–AA64
Airworthiness Directives; PIAGGIO
AERO INDUSTRIES S.p.A. Model P–180
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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:
EASA EAD 2006–0072–E was issued on
31st March 2006 following a further failure
of the forward support of the Main Wing
Outboard Flap (MWOF), caused by corrosion.
This condition, if not corrected, may cause
surface twisting during deployment at
landing. The analysis of that event
highlighted the need for the reduction of the
previous inspection interval which was
mandated by ENAC through AD 2004–523,
approved by EASA with reference 2004–
12521.
The proposed AD would require
actions that are intended to address the
unsafe condition described in the MCAI.
E:\FR\FM\24APP1.SGM
24APP1
]]>Agencies
[Federal Register Volume 72, Number 78 (Tuesday, April 24, 2007)]
[Proposed Rules]
[Pages 20296-20298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7752]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27610; Directorate Identifier 2007-CE-023-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:
It has been determined that the surface roughness of the wing
stub safety walks Series 300, gray color (equals sandpaper grid 40),
installed during production on some aeroplane S/Ns, adversely
affects the aircraft single engine climb performance.
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 May 24, 2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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) 647-5227) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
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.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet
[[Page 20297]]
our technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This proposed AD references the MCAI and related service
information that we considered in forming the engineering basis to
correct the unsafe condition. The proposed AD contains text copied from
the MCAI and for this reason might not follow our plain language
principles.
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-
27610; Directorate Identifier 2007-CE-023-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 https://
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 Austrian Civil Aviation Administration (Austro Control), which
is the airworthiness authority for Austria, has issued AD No. A-2005-
003, dated October 21, 2005 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:
It has been determined that the surface roughness of the wing
stub safety walks Series 300, gray color (equals sandpaper grid 40),
installed during production on some aeroplane S/Ns, adversely
affects the aircraft single engine climb performance.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin No. MSB-42-006/1, dated September 20, 2005; and Diamond
Aircraft Airplane Flight Manual Temporary Revision Performance Data DA
42 AFM TR-M[Auml]M-42-111/a, dated September 20, 2005. 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 might also have proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 70 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $285 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 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 $25,550, or $365 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-2007-27610;
Directorate Identifier 2007-CE-023-AD.
[[Page 20298]]
Comments Due Date
(a) We must receive comments by May 24, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to DA 42 airplanes, serial numbers (S/N)
42.004 and up, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been determined that the surface roughness of the wing
stub safety walks Series 300, gray color (equals sandpaper grid 40),
installed during production on some aeroplane S/Ns, adversely
affects the aircraft single engine climb performance.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) For S/N 42.004 through 42.035, and 42.037: Within 60 days
after the effective date of this AD, do the following actions
following Diamond Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB-42-006/1, dated September 20, 2005:
(i) Exchange the wing stub safety walks following paragraph 1.8,
Action 2 a) to b) of Diamond Aircraft Industries GmbH Mandatory
Service Bulletin No. MSB-42-006/1, dated September 20, 2005.
(ii) Insert Diamond Aircraft Airplane Flight Manual Temporary
Revision Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated
September 20, 2005, Revision 3 to the Airplane Flight Manual (AFM),
or any future revision that incorporates the same information into
the Diamond Aircraft Industries GmbH Aircraft Airplane Flight Manual
DA 42, Doc. 7.01.05-E.
(2) For S/N 42.036, 42.038 through 42.064, 42.107, 42.109,
42.110, and 42.177: Within 60 days after the effective date of this
AD, insert Diamond Aircraft Airplane Flight Manual Temporary
Revision Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated
September 20, 2005, Revision 3 to the AFM, or any future revision
that incorporates the same information into the Diamond Aircraft
Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc. 7.01.05-
E.
(3) For S/N 42.004 and up: Within 60 days after the effective
date of this AD, adhere to the following:
(i) No wing stub safety walks Series 300 (equals sandpaper grid
40), gray color, part number (P/N) D60-1127-10-51 (no revision
letter attached) may be installed as a spare part on the Model DA 42
airplane. Only Diamond Aircraft Industries (DAI) GmbH released
safety walk P/Ns with a surface roughness equal to or finer than
sandpaper grid 100 are approved for installation as spare parts.
(ii) Diamond Aircraft Airplane Flight Manual Temporary Revision
Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated September 20,
2005, Revision 3 to the AFM, or any future revision that
incorporates the same information, must remain part of Diamond
Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc.
7.01.05-E.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows:
(1) The MCAI and service bulletin require the insertion of
Diamond Aircraft Airplane Flight Manual Temporary Revision
Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated September 20,
2005, Revision 3 to the Airplane Flight Manual, or any future
revision that incorporates the same information into the Diamond
Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc.
7.01.05-E, immediately upon receipt. We consider immediately upon
receipt as an urgent safety of flight compliance time, and we do not
consider this unsafe condition to be an urgent safety of flight
condition. Because we do not consider this unsafe condition to be an
urgent safety of flight condition, we issued this action through the
normal notice of proposed rulemaking (NPRM) AD process. The time of
60 days after the effective date of this AD is an adequate
compliance for this AD action and met the FAA requirements of an
NPRM followed by a final rule.
(2) Paragraphs A)i) and B)i) of the MCAI, state to assure that
AFM TR-MAM-42-103, distributed with DAI MSB42-005, is inserted into
AFM Doc. 7.01.05-E, rev. 2 or earlier revision. This AFM requirement
was for an MCAI that the United States did not take AD action on.
The action is no longer necessary when the actions proposed in this
NPRM are done. Therefore, the action is not being mandated in the
U.S. AD action.
(3) The MCAI references revision 2 of the AFM. However, the
current revision level of the AFM is revision 3. The FAA AD
references revision 3.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, 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, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. 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 Austrian Civil Aviation Administration Austro
Control GmbH AD No. A-2005-003, dated October 21, 2005; Diamond
Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-006/
1, dated September 20, 2005; and Diamond Aircraft Temporary Revision
Performance Data DA 42 AFM TR-M[Auml]M-42-111/a, dated September 20,
2005, for related information.
Issued in Kansas City, Missouri, on April 17, 2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-7752 Filed 4-23-07; 8:45 am]
BILLING CODE 4910-13-P
