[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Rules and Regulations]
[Page 65391-65393]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no06-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26165; Directorate Identifier 2006-CE-57-AD;
Amendment 39-14816; AD 2006-23-04]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH Model
DA 40 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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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 the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as during
production installation of the Garmin G1000 supplemental type
certificate (STC) some parts of the installed fuel system indicating
system were contaminated with particles from the manufacturing process.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective November 28, 2006.
The Director of the Federal Register approved the incorporation by
reference of Diamond Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB-40-048/2, Revision 2, dated September 26, 2006; and
Work Instruction WI-MSB-40.048/2, Revision 2, dated September 26, 2006,
listed in this AD as of November 28, 2006.
We must receive comments on this AD by December 8, 2006.
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: 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 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, 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
[[Page 65392]]
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
The European Aviation Safety Agency (EASA), which is the aviation
authority for the European Union (EU), has issued Emergency
Airworthiness Directive No.: 2006-0295-E, dated September 26, 2006
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states that the aircraft
manufacturer has identified that during production installation of the
Garmin G1000 STC some parts of the installed fuel system indicating
system were contaminated with particles from the manufacturing process.
If not corrected, this fuel system contamination may lead to improper
engine operation, power loss or in-flight engine failure. The MCAI
requires you to do a one time special inspection and recertification
for the effected airplanes. 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-40-048/2, Revision 2, dated September 26, 2006; and
Work Instruction WI-MSB-40.048/2, Revision 2, dated September 26, 2006.
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 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
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 have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
fuel system contamination may lead to improper engine operation, power
loss or in-flight engine failure. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2006-26165; Directorate
Identifier 2006-CE-57-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.
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 that 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.
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:
[[Page 65393]]
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:
2006-23-04 Diamond Aircraft Industries GmbH: Amendment 39-14816;
Docket No. FAA-2006-26165; Directorate Identifier 2006-CE-57-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective November
28, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model DA 40 airplanes equipped with
Garmin G1000 supplemental type certificate (STC) SA01254WI, serial
numbers 40.448 through 40.673, excluding 40.538, 40.590, 40.641,
40.642, 40.644, 40.651, 40.654, 40.655, and 40.699, certificated in
any category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states that the aircraft manufacturer has identified that during
production installation of the Garmin G1000 STC some parts of the
installed fuel system indicating system were contaminated with
particles from the manufacturing process. If not corrected, this may
lead to improper engine operation, power loss or in-flight engine
failure. The MCAI requires you to do a one time special inspection
and recertification for the effected airplanes.
Actions and Compliance
(e) Prior to further flight, unless already done, inspect engine
fuel system for possible contamination of fuel per Diamond Aircraft
Industries GmbH Mandatory Service Bulletin No. MSB 40-048/2,
Revision 2, dated September 26, 2006; and Work Instruction WI-MSB-
40.048/2, Revision 2, dated September 26, 2006.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(f) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Sarjapur Nagarajan, Aerospace Safety
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.
(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
(g) Refer to European Aviation Safety Agency (EASA) Emergency
Airworthiness Directive No.: 2006-0295-E, dated September 26, 2006;
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-
40-048/2, Revision 2, dated September 26, 2006; and Diamond Aircraft
Industries GmbH Work Instruction WI-MSB-40.048/2, Revision 2, dated
September 26, 2006, for related information.
Material Incorporated by Reference
(h) You must use Diamond Aircraft Industries GmbH Mandatory
Service Bulletin No. MSB-40-048/2, Revision 2, dated September 26,
2006; and Diamond Aircraft Industries GmbH Work instruction WI-MSB-
40.048/2, Revision 2, dated September 26, 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[beta]e 2, A-2700
Wiener Neustadt, Germany; telephone +43 2622 26700; fax +43 2622
26780.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, 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: http://www.archives.gov/[fxsp0]federal-register/
cfr/[fxsp0]ibr-locations.html.
Issued in Kansas City, Missouri on October 30, 2006.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E6-18732 Filed 11-7-06; 8:45 am]
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