[Federal Register: April 13, 2007 (Volume 72, Number 71)]
[Proposed Rules]
[Page 18600-18602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap07-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27708; Directorate Identifier 2007-CE-027-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).
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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:
From airplanes that have installed the Auxiliary Fuel Tank
Optional Design Change (O-M) No. 42-056, three in-service failures
of the auxiliary fuel tank venting system have been reported. These
failures have led to the inability to supply the complete auxiliary
fuel quantity to the main tanks and the collapse of the auxiliary
tank. It is suspected that the vent lines were obstructed either by
ice accretion under certain climatic conditions or by blockage of
the vent valves because of fuel contaminants.
Undetected malfunctions of the venting system and damaged
auxiliary fuel tanks may lead to a lower usable fuel quantity,
subsequent fuel starvation and/or fuel spillage into the nacelle.
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 14, 2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web site: Go to http://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 http://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at http://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
[[Page 18601]]
meet legal, economic, Administrative Procedure Act, and Federal
Register requirements. We also continue to meet 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-
27708; Directorate Identifier 2007-CE-027-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://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 European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No: 2007-0047 (referred to after this as ``the MCAI''), to correct an
unsafe condition for the specified products. The MCAI states:
From airplanes that have installed the Auxiliary Fuel Tank
Optional Design Change (O-M) No. 42-056, three in-service failures
of the auxiliary fuel tank venting system have been reported. These
failures have led to the inability to supply the complete auxiliary
fuel quantity to the main tanks and the collapse of the auxiliary
tank. It is suspected that the vent lines were obstructed either by
ice accretion under certain climatic conditions or by blockage of
the vent valves because of fuel contaminants.
Undetected malfunctions of the venting system and damaged
auxiliary fuel tanks may lead to a lower usable fuel quantity,
subsequent fuel starvation and/or fuel spillage into the nacelle.
The MCAI requires:
* * * to check for proper operation the auxiliary fuel tank
venting system, and check for damage the fuel tanks' structure.
* * * also requires installation of ventilation holes in the
filler caps' fitting and introduction of a temporary revision into
the Aircraft Maintenance Manual (AMM).
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-42-032/1, dated January 24, 2007. 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 47 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 $80 per
work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $7,520, or $160 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.
[[Page 18602]]
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Diamond Aircraft Industries GmbH: Docket No. FAA-2007-27708;
Directorate Identifier 2007-CE-027-AD.
Comments Due Date
(a) We must receive comments by May 14, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model DA 42 airplanes; serial numbers
42.015, 42.028, 42.036, 42.044, 42.055, 42.059, 42.062, 42.067,
42.069, 42.075 through 42.100, 42.105, 42.106, 42.108, 42.114,
42.115, 42.117 through 42.122, and 42.124; certificated in any
category.
Subject
(d) Air Transport Association of America (ATA) Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
From airplanes that have installed the Auxiliary Fuel Tank
Optional Design Change (O[Auml]M) No. 42-056, three in-service
failures of the auxiliary fuel tank venting system have been
reported. These failures have led to the inability to supply the
complete auxiliary fuel quantity to the main tanks and the collapse
of the auxiliary tank. It is suspected that the vent lines were
obstructed either by ice accretion under certain climatic conditions
or by blockage of the vent valves because of fuel contaminants.
Undetected malfunctions of the venting system and damaged
auxiliary fuel tanks may lead to a lower usable fuel quantity,
subsequent fuel starvation and/or fuel spillage into the nacelle.
Actions and Compliance
(f) Unless already done, do the following actions within the
next 30 days after the effective date of this AD:
(1) Inspect and modify the auxiliary fuel tank system following
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-
42-032/1, dated January 24, 2007.
(2) Incorporate Doc. No. 7.02.01, Section 05-20-00, page 68a of
Diamond Aircraft DA 42 AMM Temporary Revision AMM-TR-O[Auml]M-42-
056f, dated January 23, 2007, into the Airworthiness Limitations
documents of the FAA-approved maintenance program (e.g., maintenance
manual). The owner/operator holding at least a private pilot
certificate as authorized by section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7) may insert the information specified in
paragraph (f)(2) of this AD into the maintenance program (e.g.,
maintenance manual). Make an entry into the aircraft records showing
compliance with this portion of the AD in accordance with section
43.9 of the Federal Aviation Regulations (14 CFR 43.9).
Note 1: Doc. No. 7.02.01, Section 05-20-00, page 68a of Diamond
Aircraft DA 42 AMM Temporary Revision AMM-TR-O[Auml]M-42-056f, dated
January 23, 2007, specifies additional repetitive inspections for
the auxiliary tank vent system.
FAA AD Differences
Note 2: 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, 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 European Aviation Safety Agency (EASA) AD No.:
2007-0047, dated February 23, 2007; Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB-42-032/1, dated January 24, 2007;
and Diamond Aircraft DA 42 AMM Temporary Revision AMM-TR-O[Auml]M-
42-056f, dated January 23, 2007 for related information.
Issued in Kansas City, Missouri, on April 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-7049 Filed 4-12-07; 8:45 am]
BILLING CODE 4910-13-P