AD 2007-12-05

[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Rules and Regulations]
[Pages 31976-31978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-10744]


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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; 
Amendment 39-15083; AD 2007-12-05]
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.

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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:

    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 auxilliary fuel quantity to the main tanks and the collapse 
of the auxilliary 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.

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

DATES: This AD becomes effective July 16, 2007.
    On July 16, 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: 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 13, 2007 (72 
FR 18600). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states that:

    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 auxilliary fuel quantity to the main tanks and the collapse 
of the auxilliary 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.
    This Airworthiness Directive (AD) aims to check for proper 
operation the auxiliary fuel tank venting system, and check for 
damage the fuel tanks' structure.
    This AD also requires installation of ventilation holes in the 
filler caps' fitting and introduction of a temporary revision into 
the Aircraft Maintenance Manual (AMM).

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.

[[Page 31977]]

Costs of Compliance

    We estimate that this AD will affect 47 products of U.S. registry. 
We also estimate that it will take about 2 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 $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 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:

2007-12-05 Diamond Aircraft Industries GmbH: Amendment 39-15083; 
Docket No. FAA-2007-27708; Directorate Identifier 2007-CE-027-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 16, 
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 (OA4M) 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 auxilliary 
fuel quantity to the main tanks and the collapse of the auxilliary 
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.
    This Airworthiness Directive (AD) aims to check for proper 
operation the auxiliary fuel tank venting system, and check for 
damage to the fuel tanks' structure.
    This AD also requires installation of ventilation holes in the 
filler caps' fitting and introduction of a temporary revision into 
the Aircraft Maintenance Manual (AMM).

Actions and Compliance

    (f) Unless already done, do the following actions within the 
next 30 days after July 16, 2007 (the effective date of this AD):
    (1) Inspect and modify the auxiliary fuel tank system following 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-032, 
dated January 23, 2007, as referenced in 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, 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

[[Page 31978]]

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; 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-032, 
dated January 23, 2007; and Diamond Aircraft DA 42 AMM Temporary 
Revision AMM-TR-O[Auml]M-42-056f, dated January 23, 2007, for 
related information.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH Work 
Instruction WI-MSB-42-032, dated January 23, 2007, as referenced in 
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-
42-032/1, dated January 24, 2007, 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[beta]e 5, A-2700 
Wiener Neustadt; telephone: +43 2622 26700; fax: +43 2622 26780; e-
mail: <a href="/cdn-cgi/l/email-protection#88e7eeeee1ebedc8ece1e9e5e7e6eca5e9e1faa6e9fc"><span class="__cf_email__" data-cfemail="751a13131c161035111c14181a1b1158141c075b1401">[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 29, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-10744 Filed 6-8-07; 8:45 am]
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