AD 2007-11-21

[Federal Register Volume 72, Number 106 (Monday, June 4, 2007)]
[Rules and Regulations]
[Pages 30701-30703]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-10589]



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Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Rules 
and Regulations

[[Page 30701]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27348; Directorate Identifier 2007-CE-015-AD; 
Amendment 39-15078; AD 2007-11-21]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH Model 
DA 40 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 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Abnormal manufacturing variations of the universal joints in 
combination with mechanical wear can lead to a joint failure and 
subsequent disconnection between selector and the fuel valve. This 
result in a loss of capability to select the fuel tank for supply. 
This condition might remain unrecognised by the pilot and can result 
in fuel starvation during flight and/or unavailability of emergency 
fuel shutoff.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 9, 2007.
    On July 9, 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. 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. The 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 our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

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 2, 2007 (72 FR 
15633). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Abnormal manufacturing variations of the universal joints in 
combination with mechanical wear can lead to a joint failure and 
subsequent disconnection between selector and the fuel valve. This 
result in a loss of capability to select the fuel tank for supply. 
This condition might remain unrecognised by the pilot and can result 
in fuel starvation during flight and/or unavailability of emergency 
fuel shutoff.

Revision History

    This inspection was initially addressed by Austrian AD A-2004-
003. The design of the fuel selector/fuel valve universal joint has 
than been changed by design change M[Auml]M 40-142/a and was 
introduced into serial production. The initial repetitive AD 
inspection interval of 50 Hrs is also applicable for this design. 
The investigation of the inspections carried out, has identified 
that the new joint design eliminated the design problem and no 
additional inspection is required.

    You may obtain further information by examining the MCAI in the AD 
docket.

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 476 products of U.S. registry. 
We also estimate that it will take about 1.5 work-hours per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $57,120, or $120 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 2.5 work-hours and require parts costing $382, for a cost of 
$582 per product. We have no way of determining the number of products 
that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 30702]]

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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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) 647-5227) 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:

2007-11-21 Diamond Aircraft Industries GmbH: Amendment 39-15078; 
Docket No. FAA-2007-27348; Directorate Identifier 2007-CE-015-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 9, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model DA 40 airplanes, serial numbers 
40.006 up to and including 40.079, 40.081 up to and including 
40.083, 40.201 up to and including 40.417, that:
    (1) Are certificated in any category; and
    (2) have fuel shaft part number D41-2823-20-00 Rev ``-'' 
installed.

Subject

    (d) Air Transport Association of America (ATA) Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Abnormal manufacturing variations of the universal joints in 
combination with mechanical wear can lead to a joint failure and 
subsequent disconnection between selector and the fuel valve. This 
results in a loss of capability to select the fuel tank for supply. 
This condition might remain unrecognised by the pilot and can result 
in fuel starvation during flight and/or unavailability of emergency 
fuel shutoff.

Revision History

    This inspection was initially addressed by Austrian AD A-2004-
003. The design of the fuel selector/fuel valve universal joint has 
than been changed by design change M[Auml]M 40-142/a and was 
introduced into serial production. The initial repetitive AD 
inspection interval of 50 Hrs is also applicable for this design. 
The investigation of the inspections carried out, has identified 
that the new joint design eliminated the design problem and no 
additional inspection is required.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) When the airplane reaches a total of 200 hours time-in-
service (TIS) or within the next 15 hours TIS after July 9, 2007 
(the effective date of this AD), whichever occurs later, inspect the 
universal joint in accordance with Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin No. MSB 40-030/3, dated January 31, 2006. 
Repetitively inspect thereafter at intervals not to exceed 50 hours 
TIS until the modified universal joint assembly specified in 
paragraph (f)(2) of this AD is installed.
    (2) Before further flight, replace the complete joint assembly 
with the new joint assembly, part number (P/N) D41-2823-20-00 rev 
``a'' or higher in accordance with Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin No. MSB 40-030/3, dated January 31, 2006, 
if one or more defects are found on the universal joint during any 
inspection required by this AD.
    (3) The 50-hour TIS repetitive inspection requirement in 
paragraph (f)(1) of this AD is terminated when the universal joint 
has been replaced with the new universal joint assembly, P/N D41-
2823-20-00 rev ``a'' or higher, as specified in paragraph (f)(2) of 
this AD.
    (4) At 1,000-hour TIS intervals after the replacement specified 
in paragraph (f)(2) of this AD, inspect the universal joints in the 
fuel selector shaft as specified in Diamond Aircraft DA 40 Series 
Temporary Revision to the Airplane Maintenance Manual (AMM), AMM-TR-
M[Auml]M-40-142/a, Fuel Tank Selector, Doc. No. 6.02.01, Section 25-
20-00, page 28a, dated May 23, 2005.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI incorporates the repetitive inspection 
requirement for the new joint assembly, P/N D41-2823-20-00 rev ``a'' 
or higher, into the AMM. In order for this inspection to be required 
for U.S.-owner/operators, we are incorporating the 1,000-hour 
repetitive inspection into this AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, Small Airplane Directorate, ATTN: Sarjapur 
Nagarajan, Aerospace Engineer, 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

[[Page 30703]]

(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. 
2006-0067, dated March 24, 2006; and Diamond Aircraft Industries 
GmbH Mandatory Service Bulletin No. MSB 40-030/3, dated January 31, 
2006, for related information.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB 40-030/3, dated January 31, 2006, 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 GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 
Wiener Neustadt; telephone: +43 2622 26700; fax: +43 2622 26780; e-
mail: <a href="/cdn-cgi/l/email-protection#6c030a0a050f092c08050d01030208410d051e420d18"><span class="__cf_email__" data-cfemail="caa5acaca3a9af8aaea3aba7a5a4aee7aba3b8e4abbe">[email&#160;protected]</span></a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on May 25, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-10589 Filed 6-1-07; 8:45 am]
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