[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67720-67722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26430]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0991 Directorate Identifier 2008-CE-054-AD;
Amendment 39-15729; AD 2008-23-08]
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:
In-service experience indicates that the powder coating of the
rear right hand (RH) engine support bracket degrades over time,
leading to a reduced torque of the engine mountings bolts. In some
cases, bolts had fully unscrewed and fell into the engine cowling.
One case was reported where the pilot had to shut down an engine in
flight because of a failed V-belt, the cause of failure assumed to
be one of these bolts. This condition, if not corrected, may lead to
further cases of loose bolts and subsequent damage to the engine or
accessories in the engine compartment, possibly resulting in in-
flight engine shut-down and reduced control of the aircraft.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective December 22, 2008.
On December 22, 2008, 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 http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
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.
[[Page 67721]]
SUPPLEMENTARY INFORMATION:
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 September 17, 2008
(73 FR 53766). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:
In-service experience indicates that the powder coating of the
rear right hand (RH) engine support bracket degrades over time,
leading to a reduced torque of the engine mountings bolts. In some
cases, bolts had fully unscrewed and fell into the engine cowling.
One case was reported where the pilot had to shut down an engine in
flight because of a failed V-belt, the cause of failure assumed to
be one of these bolts. This condition, if not corrected, may lead to
further cases of loose bolts and subsequent damage to the engine or
accessories in the engine compartment, possibly resulting in in-
flight engine shut-down and reduced control of the aircraft.
To address and correct this situation, DAI has published MSB-42-
058, providing instructions to accomplish repetitive inspections and
correction of the fastening torque of the affected engine mounting
bolts and replacement of the bolts with wire-secured bolts Part
Number (P/N) D60-9071-26-01, after which the repetitive torque
checks are no longer required.
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
Based on the service information, we estimate that this AD will
affect 157 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. Required parts
will cost about $0 per product. Where the service information lists
required parts costs that are covered under warranty, we have assumed
that there will be no charge for these parts. As we do not control
warranty coverage for affected parties, some parties may incur costs
higher than estimated here.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $18,840 or $120 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 http://www.regulations.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 the NPRM, 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.
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:
2008-23-08 Diamond Aircraft Industries GmbH: Amendment 39-15729;
Docket No. FAA-2008-0991; Directorate Identifier 2008-CE-054-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
22, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model DA 42 airplanes, all serial
numbers, certificated in any category, that have Thielert TAE125-01
engines installed, except those airplanes with engines identified by
serial number in Diamond Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB-42-058, dated May 21, 2008, that have been
installed on the aircraft with wedge locking washers and bonded-in
bolts and are therefore not affected by this AD.
Subject
(d) Air Transport Association of America (ATA) Code 71: Power
Plant.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
[[Page 67722]]
In-service experience indicates that the powder coating of the
rear right hand (RH) engine support bracket degrades over time,
leading to a reduced torque of the engine mountings bolts. In some
cases, bolts had fully unscrewed and fell into the engine cowling.
One case was reported where the pilot had to shut down an engine in
flight because of a failed V-belt, the cause of failure assumed to
be one of these bolts. This condition, if not corrected, may lead to
further cases of loose bolts and subsequent damage to the engine or
accessories in the engine compartment, possibly resulting in in-
flight engine shut-down and reduced control of the aircraft.
To address and correct this situation, DAI has published MSB-42-
058, providing instructions to accomplish repetitive inspections and
correction of the fastening torque of the affected engine mounting
bolts and replacement of the bolts with wire-secured bolts Part
Number (P/N) D60-9071-26-01, after which the repetitive torque
checks are no longer required.
For the reasons described above, this EASA AD requires the
accomplishment of repetitive torque checks of the affected engine
mounting bolts and replacement of the bolts with wire-secured bolts.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within the next 100 hours time-in-service (TIS) after
December 22, 2008 (the effective date of this AD) and repetitively
thereafter at intervals not to exceed 100 hours TIS, do the
inspection and correction of the fastening torque of the RH rear
engine support bracket mounting bolts following Diamond Aircraft
Industries GmbH Mandatory Service Bulletin No. MSB-42-058, dated May
21, 2008; and Action 1 of Diamond Aircraft Industries GmbH Work
Instruction WI-MSB-42-058, dated March 12, 2008.
(2) Within 6 months after December 22, 2008 (the effective date
of this AD), replace all RH rear engine support bracket mounting
bolts with wire-secured bolts, P/N D60-9071-26-01, following Diamond
Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-058,
dated May 21, 2008; and Action 2 of Diamond Aircraft Industries GmbH
Work Instruction WI-MSB-42-058, dated March 12, 2008.
(3) Installation of the wire-secured bolts, P/N D60-9071-26-01,
as required by paragraph (f)(2) of this AD, terminates the
repetitive torque inspections required by paragraph (f)(1) of this
AD.
(4) As of 6 months after December 22, 2008 (the effective date
of this AD), no person shall install spare RH rear engine support
bracket mounting bolts as replacement parts on any aircraft to which
this AD applies, except P/N D60-9071-26-01 wire-secured bolts.
FAA AD Differences
Note: 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 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: 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 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.
2008-0139, dated July 24, 2008; Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB-42-058, dated May 21, 2008; and
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-058,
dated March 12, 2008, for related information.
Material Incorporated by Reference
(i) You must use Diamond Aircraft Industries GmbH Mandatory
Service Bulletin No. MSB-42-058, dated May 21, 2008; and Diamond
Aircraft Industries GmbH Work Instruction WI-MSB-42-058, dated March
12, 2008, 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: [email protected].
(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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on October 29, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-26430 Filed 11-14-08; 8:45 am]
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