Federal Register / Vol. 72, No.

223 / Tuesday, November 20, 2007 / Rules and Regulations 65217

Issued in Kansas City, Missouri, on incorporation by reference of certain Comments

November 7, 2007. publications listed in this AD. We gave the public the opportunity to
John Colomy,
ADDRESSES: You may examine the AD participate in developing this AD. We
Acting Manager, Small Airplane Directorate,
docket on the Internet at http:// received no comments on the NPRM or
Aircraft Certification Service.
www.regulations.gov or in person at on the determination of the cost to the
[FR Doc. E7–22176 Filed 11–19–07; 8:45 am]
Document Management Facility, U.S. public.
BILLING CODE 4910–13–P
Department of Transportation, Docket Revision of Service Bulletin
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200 On October 15, 2007, Diamond
DEPARTMENT OF TRANSPORTATION Aircraft Industries GmbH (Diamond)
New Jersey Avenue, SE., Washington,
Federal Aviation Administration DC 20590. issued the revised Optional Service
Bulletin (OSB) No. OSB–42–050/1. This
FOR FURTHER INFORMATION CONTACT: revision clarifies that if Diamond
14 CFR Part 39 Peter L. Rouse, Aerospace Engineer, Mandatory Design Change (MÄM) No.
[Docket No. FAA–2007–28955 Directorate FAA, Small Airplane Directorate, 901 MÄM 42–240 is installed or if the
Identifier 2007–CE–067–AD; Amendment Locust, Room 301, Kansas City, aircraft is in compliance with Diamond
39–15260; AD 2007–23–14] Missouri 64106; telephone: (816) 329– Mandatory Service Bulletin (MSB) No.
RIN 2120–AA64 4135; fax: (816) 329–4090. MSB–42–042, you must first uninstall
SUPPLEMENTARY INFORMATION: Diamond MÄM No. MÄM 42–240 or
Airworthiness Directives; Diamond Diamond MSB No. MSB–42–042 when
Aircraft Industries Model DA 42 Discussion accomplishing Diamond OSB No. OSB–
Airplanes 42–050/1, dated October 15, 2007.
We issued a notice of proposed
AGENCY: Federal Aviation This revision also excludes aircraft
rulemaking (NPRM) to amend 14 CFR
Administration (FAA), Department of that have installed Diamond Optional
part 39 to include an AD that would
Transportation (DOT). Design Change (OÄM) No. OÄM 42–
apply to the specified products. That
074. Diamond OÄM No. OÄM 42–074 is
ACTION: Final rule. NPRM was published in the Federal
a modification that places equipment in
Register on August 27, 2007 (72 FR
SUMMARY: We are adopting a new the same location as the batteries in
48948). That NPRM proposed to correct
airworthiness directive (AD) for the Diamond OSB No. OSB–42–050/1,
an unsafe condition for the specified
products listed above. This AD results dated October 15, 2007. Aircraft with
products. The MCAI states:
from mandatory continuing Diamond OÄM No. OÄM 42–074
airworthiness information (MCAI) Recently, a double in-flight engine shut installed will not be able to comply with
issued by an aviation authority of down incident occurred on a DA42 aircraft Diamond OSB No. OSB–42–050/1,
equipped with TAE125–01 engines. The BFU dated October 15, 2007. However, this
another country to identify and correct (German Accident Investigation Body) found
an unsafe condition on an aviation the root cause to be a violation of the
AD still applies to aircraft with
product. The MCAI describes the unsafe Airplane Flight Manual procedures (taking- Diamond OÄM No. OÄM 42–074
condition as: off with an insufficiently charged main installed.
Recently, a double in-flight engine shut aircraft battery) and momentary low voltage To our knowledge there are currently
down incident occurred on a DA42 aircraft in the electrical system of the aircraft when no aircraft registered in the United
equipped with TAE125–01 engines. The BFU retracting the main landing gear. This has States with Diamond OÄM No. OÄM
(German Accident Investigation Body) found been the subject of Diamond Service 42–074 installed. Owner/operators
the root cause to be a violation of the Information (SI) 42–040 and a subsequent seeking to import aircraft with Diamond
Airplane Flight Manual procedures (taking- EASA Safety Information Notice, SIN 2007– OÄM No. OÄM 42–074 installed or
off with an insufficiently charged main 08, issued on 18 April 2007. seeking to install Diamond OÄM No.
aircraft battery) and momentary low voltage The TAE125–01 and TAE125–02–99
engines, approved for installation on the
OÄM 42–074 in a U.S.-registered
in the electrical system of the aircraft when
retracting the main landing gear. This has DA42, are FADEC (Full Authority Digital aircraft will need to contact Diamond
been the subject of Diamond Service Engine Control) controlled and are not totally for an alternative method of compliance
Information (SI) 42–040 and a subsequent independent from the aircraft electrical (AMOC) to this AD or develop an
EASA Safety Information Notice, SIN 2007– power supply. A significant drop of the AMOC, which must be submitted to the
08, issued on 18 April 2007. voltage causes simultaneously a reset of the FAA for approval. We have revised the
The TAE125–01 and TAE125–02–99 FADEC on both engines with subsequent language from the proposed AD to
engines, approved for installation on the feathering of the propeller blades. In the case require use of Diamond OSB No. OSB–
DA42, are FADEC (Full Authority Digital of an empty battery this scenario may be 42–050/1, dated October 15, 2007, and
Engine Control) controlled and are not totally considered as catastrophic at the aircraft
independent from the aircraft electrical level.
to add language requiring compliance
power supply. A significant drop of the The Thielert Aircraft Engines (TAE) with this AD if Diamond OÄM No.
voltage causes simultaneously a reset of the Installation Manuals IM–02–01 Issue 4 and OÄM 42–074 is installed.
FADEC on both engines with subsequent IM–02–02 Issue 1 have been revised to Revision of Work Instruction
feathering of the propeller blades. In the case address this issue, which is the subject of
of an empty battery this scenario may be EASA Airworthiness Directive (AD) 2007– On September 10, 2007, Diamond
considered as catastrophic at the aircraft 0182. issued revised Work Instruction WI–
level. The present AD, regarding the new OSB–42–050, Revision 2. This revision
We are issuing this AD to require specifications introduced by the TAE corrects a mistake in the instruction that
actions to correct the unsafe condition Installation Manuals, mandates installation would have caused a short circuit at the
of additional Engine Control Unit (ECU)
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on these products. Backup Batteries to supply electrical power

battery relay control. The revision also
DATES: This AD becomes effective to the ECU, preventing high transient power changes the diode wiring procedure to
December 26, 2007. drains from causing a short-term voltage drop expose additional safety thread on the
On December 26, 2007, the Director of when insufficient power from the main screws at the bottom of the instrument
the Federal Register approved the battery might exist. panel. Previously each cable had its

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 65218 Federal Register / Vol. 72, No. 223 / Tuesday, November 20, 2007 / Rules and Regulations

own ring terminal, but now the two promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701.
corresponding cables are crimped into air commerce by prescribing regulations
§ 39.13 [Amended]
one ring terminal. We have revised the for practices, methods, and procedures
language from the proposed AD to the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by adding
require you to use Diamond Work safety in air commerce. This regulation the following new AD:
Instruction WI–OSB–42–050, Revision is within the scope of that authority
2007–23–14 Diamond Aircraft Industries:
2, dated September 10, 2007. because it addresses an unsafe condition Amendment 39–15260; Docket No.
that is likely to exist or develop on FAA–2007–28955; Directorate Identifier
Conclusion
products identified in this rulemaking 2007–CE–067–AD.
We reviewed the available data and action.
determined that air safety and the Effective Date
public interest require adopting the AD Regulatory Findings (a) This airworthiness directive (AD)
with the changes described previously. We determined that this AD will not becomes effective December 26, 2007.
The change corrects an error in the work have federalism implications under Affected ADs
instruction, and this change does not Executive Order 13132. This AD will (b) None.
increase the scope or the burden beyond not have a substantial direct effect on
that which was proposed in the NPRM. the States, on the relationship between Applicability

Differences Between This AD and the the national government and the States, (c) This AD applies to DA 42 airplanes, all
or on the distribution of power and serial numbers, certificated in any category.
MCAI or Service Information
responsibilities among the various Subject
We have reviewed the MCAI and levels of government.
related service information and, in (d) Air Transport Association of America
For the reasons discussed above, I (ATA) Code 72: Engine.
general, agree with their substance. But certify this AD:
we might have found it necessary to use (1) Is not a ‘‘significant regulatory Reason
different words from those in the MCAI action’’ under Executive Order 12866; (e) The mandatory continuing
to ensure the AD is clear for U.S. (2) Is not a ‘‘significant rule’’ under airworthiness information (MCAI) states:
operators and is enforceable. In making DOT Regulatory Policies and Procedures Recently, a double in-flight engine shut
these changes, we do not intend to differ (44 FR 11034, February 26, 1979); and down incident occurred on a DA42 aircraft
substantively from the information (3) Will not have a significant equipped with TAE125–01 engines. The BFU
provided in the MCAI and related economic impact, positive or negative, (German Accident Investigation Body) found
service information. on a substantial number of small entities the root cause to be a violation of the
We might also have required different Airplane Flight Manual procedures (taking-
under the criteria of the Regulatory off with an insufficiently charged main
actions in this AD from those in the Flexibility Act. aircraft battery) and momentary low voltage
MCAI in order to follow FAA policies. We prepared a regulatory evaluation in the electrical system of the aircraft when
Any such differences are highlighted in of the estimated costs to comply with retracting the main landing gear. This has
a NOTE within the AD. this AD and placed it in the AD Docket. been the subject of Diamond Service
Costs of Compliance Information (SI) 42–040 and a subsequent
Examining the AD Docket EASA Safety Information Notice, SIN 2007–
We estimate that this AD will affect You may examine the AD docket on 08, issued on 18 April 2007.
86 products of U.S. registry. We also the Internet at http:// The TAE125–01 and TAE125–02–99
estimate that it will take about 13 work- www.regulations.gov; or in person at the engines, approved for installation on the
hours per product to comply with basic DA42, are FADEC (Full Authority Digital
Docket Management Facility between 9 Engine Control) controlled and are not totally
requirements of this AD. The average a.m. and 5 p.m., Monday through
labor rate is $80 per work-hour. Where independent from the aircraft electrical
Friday, except Federal holidays. The AD power supply. A significant drop of the
the service information lists required docket contains the NPRM, the voltage causes simultaneously a reset of the
parts costs that are covered under regulatory evaluation, any comments FADEC on both engines with subsequent
warranty, we have assumed that there received, and other information. The feathering of the propeller blades. In the case
will be no charge for these parts. As we street address for the Docket Office of an empty battery this scenario may be
do not control warranty coverage for (telephone (800) 647–5527) is in the considered as catastrophic at the aircraft
affected parties, some parties may incur ADDRESSES section. Comments will be
level.
costs higher than estimated here. The Thielert Aircraft Engines (TAE)
available in the AD docket shortly after Installation Manuals IM–02–01 Issue 4 and
Based on these figures, we estimate receipt.
the cost of this AD to the U.S. operators IM–02–02 Issue 1 have been revised to
to be $89,440 or $1,040 per product. List of Subjects in 14 CFR Part 39 address this issue, which is the subject of
EASA Airworthiness Directive (AD) 2007–
Authority for This Rulemaking Air transportation, Aircraft, Aviation 0182.
safety, Incorporation by reference, The present AD, regarding the new
Title 49 of the United States Code specifications introduced by the TAE
Safety.
specifies the FAA’s authority to issue Installation Manuals, mandates installation
rules on aviation safety. Subtitle I, Adoption of the Amendment of additional Engine Control Unit (ECU)
section 106, describes the authority of Backup Batteries to supply electrical power
the FAA Administrator. ‘‘Subtitle VII: ■ Accordingly, under the authority to the ECU, preventing high transient power
Aviation Programs,’’ describes in more delegated to me by the Administrator, drains from causing a short-term voltage drop
detail the scope of the Agency’s the FAA amends 14 CFR part 39 as when insufficient power from the main
authority. follows: battery might exist.
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We are issuing this rulemaking under PART 39—AIRWORTHINESS Actions and Compliance
the authority described in ‘‘Subtitle VII, DIRECTIVES (f) Unless already done, do the following
Part A, Subpart III, Section 44701: actions within the next 100 hours time-in-
General requirements.’’ Under that ■ 1. The authority citation for part 39 service after December 26, 2007 (the effective
section, Congress charges the FAA with continues to read as follows: date of this AD) or within 30 days after

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 Federal Register / Vol. 72, No. 223 / Tuesday, November 20, 2007 / Rules and Regulations 65219

December 26, 2007 (the effective date of this (2) Diamond Aircraft Industries GmbH and Diamond Aircraft Industries GmbH Work
AD), whichever occurs first: Optional Service Bulletin No. OSB–42– Instruction WI–OSB–42–050, Revision 2,
(1) Modify the engine electrical system by 050\1, dated October 15, 2007, excludes dated September 10, 2007, to do the actions
installing additional engine control unit aircraft with Diamond Aircraft Industries required by this AD, unless the AD specifies
(ECU) backup batteries following Diamond GmbH OÄM No. OÄM 42–074 installed otherwise.
Aircraft Industries GmbH Work Instruction because Diamond Aircraft Industries GmbH (1) The Director of the Federal Register
WI–OSB–42–050, Revision 2, dated OÄM No. OÄM 42–074 adds equipment that approved the incorporation by reference of
September 10, 2007, as referenced in is in the same location as the batteries in this service information under 5 U.S.C.
Diamond Aircraft Industries GmbH Optional Diamond Aircraft Industries GmbH Optional 552(a) and 1 CFR part 51.
Service Bulletin No. OSB–42–050\1, dated Service Bulletin No. OSB–42–050\1, dated (2) For service information identified in
October 15, 2007. If your aircraft has October 15, 2007. The unsafe condition still this AD, contact Diamond Aircraft Industries
Diamond Aircraft Industries GmbH Optional needs to be addressed in aircraft with GmbH, N.A. Otto–Strabe 5, A–2700 Wiener
Design Change No. OÄM 42–074 installed, Diamond Aircraft Industries GmbH OÄM No. Neustadt; telephone: +43 2622 26700; fax:
you will need to show compliance with this OÄM 42–074 installed. Therefore, this AD +43 2622 26780; e-mail: office@diamond-
paragraph through an alternative method of does apply to aircraft with Diamond Aircraft air.at.
compliance (AMOC) in accordance with Industries GmbH OÄM No. OÄM 42–074 (3) You may review copies at the FAA,
paragraph (g)(1) of this AD. installed and owners/operators of aircraft Central Region, Office of the Regional
(2) Incorporate Diamond Aircraft with Diamond Aircraft Industries GmbH Counsel, 901 Locust, Room 506, Kansas City,
Temporary Revision AMM–TR–OÄM–42– OÄM No. OÄM 42–074 installed will need to Missouri 64106; or at the National Archives
129, dated July 11, 2007, into the FAA- seek an AMOC for those aircraft. and Records Administration (NARA). For
approved maintenance program (e.g., information on the availability of this
maintenance manual). The owner/operator Other FAA AD Provisions material at NARA, call 202–741–6030, or go
holding at least a private pilot certificate as to: http://www.archives.gov/federal-register/
(g) The following provisions also apply to
authorized by section 43.7 of the Federal cfr/ibr-locations.html.
this AD:
Aviation Regulations (14 CFR 43.7) may do
(1) Alternative Methods of Compliance Issued in Kansas City, Missouri, on
this action. Make an entry in the aircraft
records showing compliance with this (AMOCs): The Manager, Standards Office, November 7, 2007.
portion of the AD following section 43.9 of FAA, has the authority to approve AMOCs John R. Colomy,
the Federal Aviation Regulations (14 CFR for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to Acting Manager, Small Airplane Directorate,
43.9). Aircraft Certification Service.
(3) Update the airplane flight manual ATTN: Peter L. Rouse, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, [FR Doc. E7–22177 Filed 11–19–07; 8:45 am]
(AFM) by inserting a copy of Diamond
Aircraft Temporary Revision TR–OÄM–42– Room 301, Kansas City, Missouri 64106; BILLING CODE 4910–13–P
129, dated July 11, 2007, into the AFM. The telephone: (816) 329–4135; fax: (816) 329–
owner/operator holding at least a private 4090. Before using any approved AMOC on
pilot certificate as authorized by section 43.7 any airplane to which the AMOC applies, DEPARTMENT OF TRANSPORTATION
of the Federal Aviation Regulations (14 CFR notify your appropriate principal inspector
43.7) may do this action. Make an entry in (PI) in the FAA Flight Standards District Federal Aviation Administration
the aircraft records showing compliance with Office (FSDO), or lacking a PI, your local
this portion of the AD following section 43.9 FSDO. 14 CFR Part 39
of the Federal Aviation Regulations (14 CFR (2) Airworthy Product: For any
43.9). requirement in this AD to obtain corrective [Docket No. FAA–2007–0198; Directorate
actions from a manufacturer or other source, Identifier 2007–CE–085–AD; Amendment
FAA AD Differences use these actions if they are FAA-approved. 39–15262; AD 2007–23–16]
Note: This AD differs from the MCAI and/ Corrective actions are considered FAA-
approved if they are approved by the State RIN 2120–AA64
or service information as follows:
(1) We believe that the batteries specified of Design Authority (or their delegated
agent). You are required to assure the product Airworthiness Directives; Cessna
in the MCAI do not fully address the unsafe
condition for U.S. registered airplanes. The is airworthy before it is returned to service. Aircraft Company, Model 525B
batteries specified in the MCAI only provide (3) Reporting Requirements: For any Airplanes
approximately 10 minutes of backup reporting requirement in this AD, under the
AGENCY: Federal Aviation
electrical power to the engine full authority provisions of the Paperwork Reduction Act
digital engine controls (FADECs) in the event (44 U.S.C. 3501 et seq.), the Office of Administration (FAA), DOT.
of an aircraft electrical failure. In accordance Management and Budget (OMB) has ACTION: Final rule; request for
with 14 CFR 23.1353(h), the FAA requires a approved the information collection comments.
minimum of 30 minutes of backup electrical requirements and has assigned OMB Control
power for the engine FADECs in the event of Number 2120 0056. SUMMARY: The FAA is adopting a new
an aircraft electrical failure. To fully address airworthiness directive (AD) for certain
the unsafe condition, Diamond Aircraft Related Information Cessna Aircraft Company (Cessna)
Industries GmbH has developed different (h) Refer to MCAI European Aviation Model 525B airplanes. This AD requires
part numbers and procedures for U.S.- Safety Agency (EASA) AD No. 2007–0183, you to incorporate electrical power relay
registered airplanes. These procedures dated July 2, 2007; Diamond Aircraft circuit protection kit part number (P/N)
require the installation of larger capacity Industries GmbH Optional Service Bulletin
batteries than the MCAI required. The No. OSB–42–050\1, dated October 15, 2007;
SB525B–24–02. This AD results from
batteries specified in Diamond Aircraft Diamond Aircraft Industries GmbH Work both the need to protect aircraft wiring
Industries GmbH Work Instruction WI–OSB– Instruction WI–OSB–42–050, Revision 2, left unprotected in the original design
42–050, Revision 2, dated September 10, dated September 10, 2007; Diamond Aircraft and a report of a Model 525B airplane
2007, will provide a minimum of 30 minutes Temporary Revision AMM–TR–OÄM–42– experiencing in-flight loss of numerous
of backup electrical power for the engine 129, dated July 11, 2007; and Diamond systems, tripped circuit breakers, and
FADECs when installed in accordance with Aircraft Temporary Revision TR–OÄM–42– burned wiring adjacent to the power
Diamond Aircraft Industries GmbH Work 129, dated July 11, 2007, for related distribution panel. We are issuing this
Instruction WI–OSB–42–050, Revision 2, information.
rmajette on PROD1PC64 with RULES

dated September 10, 2007. We have

AD to correct an incorrect wiring
discussed this difference with EASA, and Material Incorporated by Reference installation and to provide short-circuit
they accepted that the FAA’s view is (i) You must use Diamond Aircraft protection for all wiring from the
different to require installation of larger Industries GmbH Optional Service Bulletin aircraft power distribution system. This
capacity batteries. No. OSB–42–050\1, dated October 15, 2007, condition could result in burned wiring

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