Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes, 66666-66668 [2013-26571]
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules
becomes forgiven in whole or in part in
a bankruptcy proceeding; or
(iv) Any loss in excess of $50,000
evidenced by an IRS Form 1099–C
(Information Reporting for Cancellation
of Debt).
(c) Restrictions on the sale of assets.
(1) A person may not acquire any assets
of a covered financial company from the
FDIC if, prior to the appointment of the
FDIC as receiver for the covered
financial company, the person or its
associated person:
(i) Has participated as an officer or
director of a covered financial company
or of an affiliate of a covered financial
company in a material way in one or
more transactions that caused a
substantial loss to a covered financial
company;
(ii) Has been removed from, or
prohibited from participating in the
affairs of, a financial company pursuant
to any final enforcement action by its
primary financial regulatory agency;
(iii) Has demonstrated a pattern or
practice of defalcation regarding
obligations to a covered financial
company;
(iv) Has been convicted of committing
or conspiring to commit any offense
under 18 U.S.C. 215, 656, 657, 1005,
1006, 1007, 1008, 1014, 1032, 1341,
1343 or 1344 affecting any covered
financial company and there has been a
default with respect to one or more
obligations owed by that person or its
associated person; or
(v) Would be prohibited from
purchasing the assets of a failed insured
depository institution from the FDIC
under 12 U.S.C. 1821(p) or its
implementing regulation at 12 CFR part
340.
(2) For purposes of paragraph (c)(1) of
this section, a person has participated in
a ‘‘material way in a transaction that
caused a substantial loss to a covered
financial company’’ if, in connection
with a substantial loss to the covered
financial company, the person has been
found in a final determination by a
court or administrative tribunal, or is
alleged in a judicial or administrative
action brought by a primary financial
regulatory agency or by any component
of the government of the United States
or of any state:
(i) To have violated any law,
regulation, or order issued by a Federal
or State regulatory agency, or breached
or defaulted on a written agreement
with a Federal or State regulatory
agency, or breached a written agreement
with a covered financial company; or
(ii) To have breached a fiduciary duty
owed to a covered financial company.
(3) For purposes of paragraph (c)(1) of
this section, a person or its associated
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15:07 Nov 05, 2013
Jkt 232001
person has demonstrated a ‘‘pattern or
practice of defalcation’’ regarding
obligations to a covered financial
company if the person or associated
person has:
(i) Engaged in more than one
transaction that created an obligation on
the part of such person or its associated
person with intent to cause a loss to any
financial company or with reckless
disregard for whether such transactions
would cause a loss to any such financial
company; and
(ii) The transactions, in the aggregate,
caused a substantial loss to one or more
covered financial companies.
(d) Restrictions when FDIC provides
seller financing. A person may not
borrow money or accept credit from the
FDIC in connection with the purchase of
any assets from the FDIC or any covered
financial company if:
(1) There has been a default with
respect to one or more obligations
totaling in excess of $1,000,000 owed by
that person or its associated person; and
(2) The person or its associated person
made any fraudulent misrepresentations
in connection with any such
obligation(s).
(e) No obligation to provide seller
financing. The FDIC still has the right to
make an independent determination,
based upon all relevant facts of a
person’s financial condition and history,
of that person’s eligibility to receive any
loan or extension of credit from the
FDIC, even if the person is not in any
way disqualified from purchasing assets
from the FDIC under the restrictions set
forth in this section.
(f) Purchaser eligibility certificate
required. (1) Before any person may
purchase any asset from the FDIC that
person must certify, under penalty of
perjury, that none of the restrictions
contained in this section applies to the
purchase. The FDIC may establish the
form of the certification and may change
the form from time to time.
(2) Notwithstanding paragraph (f)(1)
of this section, and unless the Director
of the FDIC’s Division of Resolutions
and Receiverships, or designee, in his or
her discretion so requires, a certification
need not be provided by:
(i) A State or political subdivision of
a State;
(ii) A Federal agency or
instrumentality such as the Government
National Mortgage Association;
(iii) A federally-regulated,
government-sponsored enterprise such
as Federal National Mortgage
Association or Federal Home Loan
Mortgage Corporation; or
(iv) A bridge financial company.
Dated at Washington, DC, this 30th day of
October 2013.
PO 00000
Frm 00007
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By Order of the Board of Directors, Federal
Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. 2013–26544 Filed 11–5–13; 8:45 am]
BILLING CODE 6714–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0937; Directorate
Identifier 2013–CE–029–AD]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries GmbH Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Diamond Aircraft Industries GmbH
Models DA 42 NG and DA 42 M–NG
airplanes. 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 the failure of the alternator
indication system to indicate warning
when one alternator is inoperative. We
are issuing this proposed AD to require
actions to address the unsafe condition
on these products.
DATES: We must receive comments on
this proposed AD by December 23,
2013.
SUMMARY:
You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this proposed AD, contact Diamond
Aircraft Industries GmbH, N.A. Otto-
ADDRESSES:
E:\FR\FM\06NOP1.SGM
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules
Stra+e 5, A–2700 Wiener Neustadt,
Austria, telephone: +43 2622 26700; fax:
+43 2622 26700 1369; email:
airworthiness@diamond-air.at; Internet:
https://www.diamond-air.at. 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.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating it in Docket No. FAA–
2013–0937; 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) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4144; fax: (816)
329–4090; email: mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
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–2013–0937; Directorate Identifier
2013–CE–029–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://
regulations.gov in Docket No. FAA–
2013–0937, 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 European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued AD No.: 2013–
0224, dated September 19, 2013
(referred to after this as ‘‘the MCAI’’), to
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15:07 Nov 05, 2013
Jkt 232001
correct an unsafe condition for the
specified products. The MCAI states:
During maintenance troubleshooting of the
DA 42 NG alternator indication system it has
been discovered that, with one alternator
inoperative, the system did not give a
warning indication as described in the
Airplane Flight Manual.
Subsequent investigation results showed
that the voltage regulator warning circuit,
which is part of the engine, monitors Bus
Voltage and is the only trigger for the
alternator fail annunciation. As a result, one
alternator may fail but the related voltage
regulator does not trigger the alternator fail
annunciation as the voltage is being held at
the regular level by the second alternator on
board.
The remaining generating system
indication for the pilot is unaffected. The
ampere-meter is indicating a load on each
alternator and in case of a Low Voltage
condition a caution message will be
displayed.
This condition, if not corrected, could lead
to an undetected loss of one engine alternator
and reduced capability of the electrical
generating power system, possibly impairing
safe continuation of the flight.
Prompted by this event, Diamond Aircraft
Industries (DAI) introduced at airframe level
an additional independent alternator fail
caution trigger by using the G1000 amperemeter signals. The trigger is set once an
alternator provides less than 5A and thus
indicates electrical power supply failure to
the ship system.
DAI issued Mandatory Service Bulletin
(MSB) 42NG–003/12 providing instructions
for installation of the Secondary
Configuration Card Part Number (P/N) 010–
12074–02 ‘‘Additional ALTN FAIL trigger’’
with system software P/N 010–00670–10
applicable for all DA 42 NG and DA 42 M–
NG aeroplanes.
In addition, model DA 42 M–NG now
incorporates an output of the GEA 71 to
activate the alternator fail relay. DAI issued
Mandatory Service Bulletin (MSB) 42MNG–
006 to provide instructions for installation of
that additional control cable P/N D62–2510–
97–00–SB.
For the reasons described above, this AD
requires installation of the Secondary
Configuration Card P/N 010–12074–02
‘‘Additional ALTN FAIL trigger’’ and System
Software P/N 010–00670–10 for all DA 42 NG
and DA 42 M–NG aeroplanes and installation
of GEA Alternator fail control cable P/N D62–
2510–97–00–SB on certain model DA 42 M–
NG aeroplanes.
This AD also prohibits installation of
System Software prior to P/N 010–00670–10.
You may examine the MCAI on the
Internet at https://www.regulations.gov
by searching for and locating it in
Docket No. FAA–2013–0937.
Relevant Service Information
Diamond Aircraft Industries GmbH
has issued Mandatory Service Bulletin
No. MSB 42NG–003/12; Mandatory
Service Bulletin MSB 42MNG–006; and
Work Instruction WI–MSB 42MNG–006,
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
66667
all dated July 8, 2013. 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.
Costs of Compliance
We estimate that this proposed AD
will affect 26 products of U.S. registry.
We also estimate that it would take
about 2 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $115 per
product.
Based on these figures, we estimate
the cost of the proposed AD on U.S.
operators to be $7,410, or $285 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 proposed
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
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
Diamond Aircraft Industries GmbH: Docket
No. FAA–2013–0937; Directorate
Identifier 2013–CE–029–AD.
(a) Comments Due Date
We must receive comments by December
23, 2013.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft
Industries GmbH Models DA 42 NG and DA
42 M–NG airplanes, all serial numbers
certificated in any category, except those that
have Supplemental Type Certificate (STC)
SA02725NY (https://rgl.faa.gov/Regulatory_
and_Guidance_Library/rgstc.nsf/0/286A2
9A0C46D66048625764900624649?Open
Document&Highlight=sa02725ny)
incorporated.
Note 1 to paragraph (c) of this AD: STC
SA02725NY uses a different electrical system
architecture and the unsafe condition
addressed in this AD does not apply to that
system.
(d) Subject
Air Transport Association of America
(ATA) Code 24: Electric Power.
VerDate Mar<15>2010
15:07 Nov 05, 2013
Jkt 232001
(e) Reason
This AD was prompted by 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 failure of
the alternator indication system to indicate
warning when one alternator is inoperative.
We are issuing this proposed AD to prevent
the undetected loss of one engine alternator,
which could result in reduced capability of
the electrical generating power system.
(f) Actions and Compliance
Unless already done, do the following
actions as specified in paragraphs (f)(1)
through (f)(3) of this AD, including all
subparagraphs:
(1) For all DA 42 NG airplanes: Within 12
months after the effective date of this AD,
install Secondary Configuration Card part
number (P/N) 010–12074–02 ‘‘Additional
ALTN FAIL trigger’’ and System Software P/
N 010–00670–10 following the
Accomplishment/Instructions section of
Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB 42NG–
003/13, dated October 11, 2013; or the
Accomplishment/Instructions section of
Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB 42NG–
003/12, dated July 8, 2013.
(2) For DA 42 M–NG airplanes, serial
numbers (S/Ns) 42.339, 42.MN001 through
42.MN0026, and all S/Ns modified through
Optional Service Bulletin (OSB) 42–081,
using Work Instruction (WI) OSB–42–081 up
to Revision 1 inclusive: Within 100 hours
time-in-service after the effective date of this
AD or within 12 months after the effective
date of this AD, whichever occurs first:
(i) Install GEA Alternator fail control cable
P/N D62–2510–97–00–SB following the
Instructions section of Diamond Aircraft
Industries GmbH Work Instruction WI–MSB
42MNG–006, dated July 8, 2013, as specified
in the Accomplishments/Instructions section
of Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB
42MNG–006, July 8, 2013; and
(ii) Install Secondary Configuration Card P/
N 010–12074–02 ‘‘Additional ALTN FAIL
trigger’’ and System Software P/N 010–
00670–10 following the Accomplishment/
Instructions section of Diamond Aircraft
Industries GmbH Mandatory Service Bulletin
No. MSB 42NG–003/13, dated October 11,
2013; or the Accomplishment/Instructions
section of Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB 42NG–
003/12, dated July 8, 2013.
(3) For all airplanes: As of the effective
date of this AD, do not install on any airplane
System Software prior to P/N 010–00670–10.
(g) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Mike Kiesov, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4144; fax: (816) 329–
4090; email: mike.kiesov@faa.gov. 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.
(h) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2013–0224, dated
September 19, 2013; Diamond Aircraft
Industries GmbH Optional Service Bulletin
OSB 42–081/1; Diamond Aircraft Industries
GmbH Work Instruction WI–OSB 42–081,
Rev. 1, both dated December 23, 2010;
Diamond Aircraft Industries GmbH Optional
Service Bulletin OSB 42–081; and Diamond
Aircraft Industries GmbH Work Instruction
WI–OSB 42–081, Rev. 0, both dated March
17, 2010, for related information. You may
examine the MCAI on the Internet at
https://www.regulations.gov by searching for
and locating it in Docket No. FAA–2013–
0937. For service information related to this
AD, contact Diamond Aircraft Industries
GmbH, N.A. Otto-Stra+e 5, A–2700 Wiener
Neustadt, Austria, telephone: +43 2622
26700; fax: +43 2622 26700 1369; email:
airworthiness@diamond-air.at; Internet:
https://www.diamond-air.at. 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.
Issued in Kansas City, Missouri, on
October 30, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2013–26571 Filed 11–5–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0938; Directorate
Identifier 2012–SW–057–AD]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France (Eurocopter) Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for
SUMMARY:
E:\FR\FM\06NOP1.SGM
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Agencies
[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Proposed Rules]
[Pages 66666-66668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26571]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0937; Directorate Identifier 2013-CE-029-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH
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
certain Diamond Aircraft Industries GmbH Models DA 42 NG and DA 42 M-NG
airplanes. 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 the
failure of the alternator indication system to indicate warning when
one alternator is inoperative. We are issuing this proposed AD to
require actions to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by December 23,
2013.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-
[[Page 66667]]
Stra[szlig]e 5, A-2700 Wiener Neustadt, Austria, telephone: +43 2622
26700; fax: +43 2622 26700 1369; email: airworthiness@diamond-air.at;
Internet: https://www.diamond-air.at. 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0937; 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) 647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email:
mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
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-2013-0937;
Directorate Identifier 2013-CE-029-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://regulations.gov in Docket No. FAA-2013-0937, 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 European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2013-0224, dated September 19, 2013 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
During maintenance troubleshooting of the DA 42 NG alternator
indication system it has been discovered that, with one alternator
inoperative, the system did not give a warning indication as
described in the Airplane Flight Manual.
Subsequent investigation results showed that the voltage
regulator warning circuit, which is part of the engine, monitors Bus
Voltage and is the only trigger for the alternator fail
annunciation. As a result, one alternator may fail but the related
voltage regulator does not trigger the alternator fail annunciation
as the voltage is being held at the regular level by the second
alternator on board.
The remaining generating system indication for the pilot is
unaffected. The ampere-meter is indicating a load on each alternator
and in case of a Low Voltage condition a caution message will be
displayed.
This condition, if not corrected, could lead to an undetected
loss of one engine alternator and reduced capability of the
electrical generating power system, possibly impairing safe
continuation of the flight.
Prompted by this event, Diamond Aircraft Industries (DAI)
introduced at airframe level an additional independent alternator
fail caution trigger by using the G1000 ampere-meter signals. The
trigger is set once an alternator provides less than 5A and thus
indicates electrical power supply failure to the ship system.
DAI issued Mandatory Service Bulletin (MSB) 42NG-003/12
providing instructions for installation of the Secondary
Configuration Card Part Number (P/N) 010-12074-02 ``Additional ALTN
FAIL trigger'' with system software P/N 010-00670-10 applicable for
all DA 42 NG and DA 42 M-NG aeroplanes.
In addition, model DA 42 M-NG now incorporates an output of the
GEA 71 to activate the alternator fail relay. DAI issued Mandatory
Service Bulletin (MSB) 42MNG-006 to provide instructions for
installation of that additional control cable P/N D62-2510-97-00-SB.
For the reasons described above, this AD requires installation
of the Secondary Configuration Card P/N 010-12074-02 ``Additional
ALTN FAIL trigger'' and System Software P/N 010-00670-10 for all DA
42 NG and DA 42 M-NG aeroplanes and installation of GEA Alternator
fail control cable P/N D62-2510-97-00-SB on certain model DA 42 M-NG
aeroplanes.
This AD also prohibits installation of System Software prior to
P/N 010-00670-10.
You may examine the MCAI on the Internet at https://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-0937.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin No. MSB 42NG-003/12; Mandatory Service Bulletin MSB 42MNG-006;
and Work Instruction WI-MSB 42MNG-006, all dated July 8, 2013. 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.
Costs of Compliance
We estimate that this proposed AD will affect 26 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $115 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $7,410, or $285 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 proposed 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
[[Page 66668]]
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
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:
Diamond Aircraft Industries GmbH: Docket No. FAA-2013-0937;
Directorate Identifier 2013-CE-029-AD.
(a) Comments Due Date
We must receive comments by December 23, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft Industries GmbH Models DA 42
NG and DA 42 M-NG airplanes, all serial numbers certificated in any
category, except those that have Supplemental Type Certificate (STC)
SA02725NY (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/286A29A0C46D66048625764900624649?OpenDocument&Highlight=sa02725ny)
incorporated.
Note 1 to paragraph (c) of this AD: STC SA02725NY uses a
different electrical system architecture and the unsafe condition
addressed in this AD does not apply to that system.
(d) Subject
Air Transport Association of America (ATA) Code 24: Electric
Power.
(e) Reason
This AD was prompted by 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 failure of the
alternator indication system to indicate warning when one alternator
is inoperative. We are issuing this proposed AD to prevent the
undetected loss of one engine alternator, which could result in
reduced capability of the electrical generating power system.
(f) Actions and Compliance
Unless already done, do the following actions as specified in
paragraphs (f)(1) through (f)(3) of this AD, including all
subparagraphs:
(1) For all DA 42 NG airplanes: Within 12 months after the
effective date of this AD, install Secondary Configuration Card part
number (P/N) 010-12074-02 ``Additional ALTN FAIL trigger'' and
System Software P/N 010-00670-10 following the Accomplishment/
Instructions section of Diamond Aircraft Industries GmbH Mandatory
Service Bulletin No. MSB 42NG-003/13, dated October 11, 2013; or the
Accomplishment/Instructions section of Diamond Aircraft Industries
GmbH Mandatory Service Bulletin No. MSB 42NG-003/12, dated July 8,
2013.
(2) For DA 42 M-NG airplanes, serial numbers (S/Ns) 42.339,
42.MN001 through 42.MN0026, and all S/Ns modified through Optional
Service Bulletin (OSB) 42-081, using Work Instruction (WI) OSB-42-
081 up to Revision 1 inclusive: Within 100 hours time-in-service
after the effective date of this AD or within 12 months after the
effective date of this AD, whichever occurs first:
(i) Install GEA Alternator fail control cable P/N D62-2510-97-
00-SB following the Instructions section of Diamond Aircraft
Industries GmbH Work Instruction WI-MSB 42MNG-006, dated July 8,
2013, as specified in the Accomplishments/Instructions section of
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB
42MNG-006, July 8, 2013; and
(ii) Install Secondary Configuration Card P/N 010-12074-02
``Additional ALTN FAIL trigger'' and System Software P/N 010-00670-
10 following the Accomplishment/Instructions section of Diamond
Aircraft Industries GmbH Mandatory Service Bulletin No. MSB 42NG-
003/13, dated October 11, 2013; or the Accomplishment/Instructions
section of Diamond Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB 42NG-003/12, dated July 8, 2013.
(3) For all airplanes: As of the effective date of this AD, do
not install on any airplane System Software prior to P/N 010-00670-
10.
(g) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email:
mike.kiesov@faa.gov. 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.
(h) Related Information
Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2013-0224, dated September 19, 2013; Diamond Aircraft Industries
GmbH Optional Service Bulletin OSB 42-081/1; Diamond Aircraft
Industries GmbH Work Instruction WI-OSB 42-081, Rev. 1, both dated
December 23, 2010; Diamond Aircraft Industries GmbH Optional Service
Bulletin OSB 42-081; and Diamond Aircraft Industries GmbH Work
Instruction WI-OSB 42-081, Rev. 0, both dated March 17, 2010, for
related information. You may examine the MCAI on the Internet at
https://www.regulations.gov by searching for and locating it in
Docket No. FAA-2013-0937. For service information related to this
AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e
5, A-2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax:
+43 2622 26700 1369; email: airworthiness@diamond-air.at; Internet:
https://www.diamond-air.at. 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.
Issued in Kansas City, Missouri, on October 30, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-26571 Filed 11-5-13; 8:45 am]
BILLING CODE 4910-13-P