Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 42 Airplanes, 36861-36863 [E7-12500]
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Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations
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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2007–13–15 Alpha Aviation Design Limited
(Type Certificate No. A48EU previously
held by APEX Aircraft and AVIONS
PIERRE ROBIN): Amendment 39–15119;
Docket No. FAA–2006–26494;
Directorate Identifier 2006–CE–079–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective August 10, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model R2160
airplanes, serial numbers 001 through 378,
certificated in any category.
Subject
(d) Air Transport Association of America
(ATA) Code 57: Wings.
jlentini on PROD1PC65 with RULES
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
To prevent unchecked corrosion
developing on the wing spars due to access
for inspections being difficult under normal
maintenance practices, which could lead to
an unsafe condition and possibly a
catastrophic failure of the wing * * *
The MCAI requires inspecting the visible
parts of the spar web and the upper and
lower boom angles (top and bottom spar
caps) for corrosion and correcting as
necessary.
Actions and Compliance
(f) Unless already done, do the following
actions (Accomplishment of European
Aviation Safety Agency (EASA) AD 2005–
0028 satisfies the requirement of this AD):
(1) Initially within 60 months after aircraft
date of manufacture or within 6 months after
August 10, 2007 (the effective date of this
AD), whichever occurs later, and thereafter at
intervals not to exceed 24 months, remove
the main landing gear legs and all the wing
inspection panels following the instructions
in the aircraft maintenance manual and
inspect the visible parts of the spar web and
the upper and lower boom angles (top and
VerDate Aug<31>2005
20:11 Jul 05, 2007
Jkt 211001
bottom spar caps), following Avions Pierre
Robin Service Letter No. 19, dated October
1980; and Avions Pierre Robin Service
Bulletin No. 99, dated June 24, 1983. If the
spars are replaced, then you must inspect
within 60 months from the date of
replacement and thereafter every 24 months.
(i) If, during any inspection required by
paragraph (f)(1) of this AD, any sign of
corrosion is found on the rear face of the spar
web or the upper and lower boom angles,
then inspect the front face of the spar for
corrosion following Avions Pierre Robin
Service Letter No. 19, dated October 1980;
and Avions Pierre Robin Service Bulletin No.
99, dated June 24, 1983. It may be necessary
to cut inspection holes or remove the wings
to inspect the front face of the spar.
Inspection holes must be prepared to a
manufacturer-approved repair scheme.
(ii) If corrosion is found during any
inspection required by this AD that does not
exceed the limits specified in Avions Pierre
Robin Service Letter No. 19, dated October
1980, treat the corrosion following Avions
Pierre Robin Service Letter No. 19, dated
October 1980; and Avions Pierre Robin
Service Bulletin No. 99, dated June 24, 1983.
(2) If corrosion is found during any
inspection required by this AD that exceeds
the limits specified in Avions Pierre Robin
Service Letter No. 19, dated October 1980,
before further flight from when the corrosion
is found that exceeds the limits:
(i) Obtain an FAA-approved repair scheme
from the manufacturer; and
(ii) incorporate this repair scheme.
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 Staff,
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: Karl Schletzbaum, Aerospace
Engineer, FAA, Small Airplane Directorate,
901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4146; 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
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
36861
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI Civil Aviation Authority
of New Zealand AD DCA/R2000/37A, dated
December 21, 2006; Avions Pierre Robin
Service Letter No. 19, dated October 1980;
and Avions Pierre Robin Service Bulletin No.
99, dated June 24, 1983, for related
information.
Material Incorporated by Reference
(i) You must use Avions Pierre Robin
Service Letter No. 19, dated October 1980;
and Avions Pierre Robin Service Bulletin No.
99, dated June 24, 1983, 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 Alpha Aviation Ltd, Ingram
Road, Hamilton Airport RD 2, Hamilton
2021, New Zealand; telephone: 011 64 7 843
7070; fax: 011 64 7 843 8040; Internet:
https://www.alphaaviation.co.nz.
(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: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on June
21, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–12506 Filed 7–5–07; 8:45 am]
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; Amendment
39–15120; AD 2007–13–16]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries GmbH Model DA 42
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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
E:\FR\FM\06JYR1.SGM
06JYR1
36862
Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations
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.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
August 10, 2007.
On August 10, 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 https://
dms.dot.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.
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 April 24, 2007 (72 FR
20296). That NPRM proposed 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.
AFM published twin engine climb
performance is not affected by this AD.
Comments
jlentini on PROD1PC65 with RULES
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.
VerDate Aug<31>2005
20:11 Jul 05, 2007
Jkt 211001
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
70 products of U.S. registry. We also
estimate that it will take about 1 workhour per product to comply with basic
requirements of this AD. The average
labor rate is $80 per work-hour.
Required parts will 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 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 $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 AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
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 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 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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2007–13–16 Diamond Aircraft Industries
GmbH: Amendment 39–15120; Docket
No. FAA–2007–27610; Directorate
Identifier 2007–CE–023–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective August 10, 2007.
Affected ADs
(b) None.
E:\FR\FM\06JYR1.SGM
06JYR1
Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations
36863
Applicability
(c) This AD applies to Model DA 42
airplanes, serial numbers (S/N) 42.004 and
up, certificated in any category.
Diamond Aircraft Industries GmbH Aircraft
Airplane Flight Manual DA 42, Doc.
7.01.05–E.
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
FAA AD Differences
Subject
(d) Air Transport Association of America
(ATA) Code 57: Wings.
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 followed by
this final rule. The time of 60 days after
August 10, 2007 (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 on which the United States did not
take AD action. The action is no longer
necessary when the actions in this AD are
done. Therefore, the action is not being
mandated in the U.S. AD action.
(3) The MCAI references revision 2 of the
AFM. The FAA AD references revision 3.
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.
jlentini on PROD1PC65 with RULES
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.
AFM published twin engine climb
performance is not affected by this AD.
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 August 10, 2007
(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 August 10, 2007 (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 August 10, 2007 (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
September 20, 2005, Revision 3 to the AFM,
or any future revision that incorporates the
same information, must remain part of
VerDate Aug<31>2005
20:11 Jul 05, 2007
Jkt 211001
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff,
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
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Material Incorporated by Reference
(i) You must use 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,
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
Inc., 1560 Crumlin Sideroad, London,
Ontario, Canada N5V 1S2; telephone: (519)
457–4051; fax: (800) 934–3519.
(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: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on June
21, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–12500 Filed 7–5–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27212; Directorate
Identifier 2007–CE–011–AD; Amendment
39–15121; AD 2007–13–17]
RIN 2120–AA64
Airworthiness Directives; Air Tractor,
Inc. Models AT–602, AT–802, and AT–
802A Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) that
supersedes AD 2006–22–08, which
E:\FR\FM\06JYR1.SGM
06JYR1
]]>Agencies
[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Rules and Regulations]
[Pages 36861-36863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12500]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27610 Directorate Identifier 2007-CE-023-AD;
Amendment 39-15120; AD 2007-13-16]
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.
-----------------------------------------------------------------------
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
[[Page 36862]]
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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective August 10, 2007.
On August 10, 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 https://
dms.dot.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.
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 April 24, 2007 (72
FR 20296). That NPRM proposed 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.
AFM published twin engine climb performance is not affected by this
AD.
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
We estimate that this AD will affect 70 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour. Required parts will 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 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 $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 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 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 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:
2007-13-16 Diamond Aircraft Industries GmbH: Amendment 39-15120;
Docket No. FAA-2007-27610; Directorate Identifier 2007-CE-023-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
10, 2007.
Affected ADs
(b) None.
[[Page 36863]]
Applicability
(c) This AD applies to Model 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.
AFM published twin engine climb performance is not affected by
this AD.
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 August 10, 2007 (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 August 10, 2007 (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 August 10, 2007
(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 followed by
this final rule. The time of 60 days after August 10, 2007 (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 on which the United States did not take AD action.
The action is no longer necessary when the actions in this AD are
done. Therefore, the action is not being mandated in the U.S. AD
action.
(3) The MCAI references revision 2 of the AFM. 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, 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 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.
Material Incorporated by Reference
(i) You must use 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, 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 Inc., 1560 Crumlin Sideroad, London,
Ontario, Canada N5V 1S2; telephone: (519) 457-4051; fax: (800) 934-
3519.
(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: https://www.archives.gov/federal-
register/cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on June 21, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-12500 Filed 7-5-07; 8:45 am]
BILLING CODE 4910-13-P
