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Federal Register / Vol. 72, No.

129 / Friday, July 6, 2007 / Rules and Regulations 36861

List of Subjects in 14 CFR Part 39 bottom spar caps), following Avions Pierre requirements and has assigned OMB Control
Robin Service Letter No. 19, dated October Number 2120–0056.
Air transportation, Aircraft, Aviation 1980; and Avions Pierre Robin Service
safety, Incorporation by reference, Bulletin No. 99, dated June 24, 1983. If the Related Information
Safety. spars are replaced, then you must inspect (h) Refer to MCAI Civil Aviation Authority
within 60 months from the date of of New Zealand AD DCA/R2000/37A, dated
Adoption of the Amendment replacement and thereafter every 24 months. December 21, 2006; Avions Pierre Robin
■ Accordingly, under the authority (i) If, during any inspection required by Service Letter No. 19, dated October 1980;
delegated to me by the Administrator, paragraph (f)(1) of this AD, any sign of and Avions Pierre Robin Service Bulletin No.
corrosion is found on the rear face of the spar 99, dated June 24, 1983, for related
the FAA amends 14 CFR part 39 as
web or the upper and lower boom angles, information.
follows: then inspect the front face of the spar for
corrosion following Avions Pierre Robin Material Incorporated by Reference
PART 39—AIRWORTHINESS Service Letter No. 19, dated October 1980; (i) You must use Avions Pierre Robin
DIRECTIVES and Avions Pierre Robin Service Bulletin No. Service Letter No. 19, dated October 1980;
99, dated June 24, 1983. It may be necessary and Avions Pierre Robin Service Bulletin No.
■ 1. The authority citation for part 39
to cut inspection holes or remove the wings 99, dated June 24, 1983, to do the actions
continues to read as follows: to inspect the front face of the spar. required by this AD, unless the AD specifies
Authority: 49 U.S.C. 106(g), 40113, 44701. Inspection holes must be prepared to a otherwise.
manufacturer-approved repair scheme. (1) The Director of the Federal Register
§ 39.13 [Amended] (ii) If corrosion is found during any approved the incorporation by reference of
■ 2. The FAA amends § 39.13 by adding inspection required by this AD that does not this service information under 5 U.S.C.
the following new AD: exceed the limits specified in Avions Pierre 552(a) and 1 CFR part 51.
Robin Service Letter No. 19, dated October (2) For service information identified in
2007–13–15 Alpha Aviation Design Limited 1980, treat the corrosion following Avions this AD, contact Alpha Aviation Ltd, Ingram
(Type Certificate No. A48EU previously Pierre Robin Service Letter No. 19, dated Road, Hamilton Airport RD 2, Hamilton
held by APEX Aircraft and AVIONS October 1980; and Avions Pierre Robin 2021, New Zealand; telephone: 011 64 7 843
PIERRE ROBIN): Amendment 39–15119; Service Bulletin No. 99, dated June 24, 1983. 7070; fax: 011 64 7 843 8040; Internet:
Docket No. FAA–2006–26494; (2) If corrosion is found during any http://www.alphaaviation.co.nz.
Directorate Identifier 2006–CE–079–AD. inspection required by this AD that exceeds (3) You may review copies at the FAA,
Effective Date the limits specified in Avions Pierre Robin Central Region, Office of the Regional
Service Letter No. 19, dated October 1980, Counsel, 901 Locust, Room 506, Kansas City,
(a) This airworthiness directive (AD)
before further flight from when the corrosion Missouri 64106; or at the National Archives
becomes effective August 10, 2007.
is found that exceeds the limits: and Records Administration (NARA). For
Affected ADs (i) Obtain an FAA-approved repair scheme information on the availability of this
(b) None. from the manufacturer; and material at NARA, call 202–741–6030, or go
(ii) incorporate this repair scheme. to: http://www.archives.gov/federal-register/
Applicability cfr/ibr-locations.html.
FAA AD Differences
(c) This AD applies to Model R2160 Issued in Kansas City, Missouri, on June
airplanes, serial numbers 001 through 378, Note: This AD differs from the MCAI and/
21, 2007.
certificated in any category. or service information as follows: No
differences. David R. Showers,
Subject Acting Manager, Small Airplane Directorate,
(d) Air Transport Association of America Other FAA AD Provisions Aircraft Certification Service.
(ATA) Code 57: Wings. (g) The following provisions also apply to [FR Doc. E7–12506 Filed 7–5–07; 8:45 am]
this AD: BILLING CODE 4910–13–P
Reason
(1) Alternative Methods of Compliance
(e) The mandatory continuing (AMOCs): The Manager, Standards Staff,
airworthiness information (MCAI) states: FAA, has the authority to approve AMOCs
DEPARTMENT OF TRANSPORTATION
To prevent unchecked corrosion for this AD, if requested using the procedures
developing on the wing spars due to access found in 14 CFR 39.19. Send information to
Federal Aviation Administration
for inspections being difficult under normal ATTN: Karl Schletzbaum, Aerospace
maintenance practices, which could lead to Engineer, FAA, Small Airplane Directorate,
an unsafe condition and possibly a 901 Locust, Room 301, Kansas City, Missouri 14 CFR Part 39
catastrophic failure of the wing * * * 64106; telephone: (816) 329–4146; fax: (816) [Docket No. FAA–2007–27610 Directorate
The MCAI requires inspecting the visible 329–4090. Before using any approved AMOC Identifier 2007–CE–023–AD; Amendment
parts of the spar web and the upper and on any airplane to which the AMOC applies, 39–15120; AD 2007–13–16]
lower boom angles (top and bottom spar notify your appropriate principal inspector
caps) for corrosion and correcting as (PI) in the FAA Flight Standards District RIN 2120–AA64
necessary. Office (FSDO), or lacking a PI, your local
FSDO. Airworthiness Directives; Diamond
Actions and Compliance (2) Airworthy Product: For any requirement Aircraft Industries GmbH Model DA 42
(f) Unless already done, do the following in this AD to obtain corrective actions from Airplanes
actions (Accomplishment of European a manufacturer or other source, use these
Aviation Safety Agency (EASA) AD 2005– actions if they are FAA-approved. Corrective AGENCY: Federal Aviation
0028 satisfies the requirement of this AD): actions are considered FAA-approved if they Administration (FAA), Department of
(1) Initially within 60 months after aircraft are approved by the State of Design Authority Transportation (DOT).
date of manufacture or within 6 months after (or their delegated agent). You are required
ACTION: Final rule.
August 10, 2007 (the effective date of this to assure the product is airworthy before it
AD), whichever occurs later, and thereafter at is returned to service.
SUMMARY: We are adopting a new
intervals not to exceed 24 months, remove (3) Reporting Requirements: For any
airworthiness directive (AD) for the
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the main landing gear legs and all the wing reporting requirement in this AD, under the
inspection panels following the instructions provisions of the Paperwork Reduction Act products listed above. This AD results
in the aircraft maintenance manual and (44 U.S.C. 3501 et seq.), the Office of from mandatory continuing
inspect the visible parts of the spar web and Management and Budget (OMB) has airworthiness information (MCAI)
the upper and lower boom angles (top and approved the information collection issued by an aviation authority of

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36862 Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations

another country to identify and correct Differences Between This AD and the the States, on the relationship between
an unsafe condition on an aviation MCAI or Service Information the national government and the States,
product. The MCAI describes the unsafe We have reviewed the MCAI and or on the distribution of power and
condition as: related service information and, in responsibilities among the various
It has been determined that the surface general, agree with their substance. But levels of government.
roughness of the wing stub safety walks we might have found it necessary to use For the reasons discussed above, I
Series 300, gray color (equals sandpaper grid different words from those in the MCAI certify this AD:
40), installed during production on some to ensure the AD is clear for U.S. (1) Is not a ‘‘significant regulatory
aeroplane S/Ns, adversely affects the aircraft operators and is enforceable. In making action’’ under Executive Order 12866;
single engine climb performance.
these changes, we do not intend to differ (2) Is not a ‘‘significant rule’’ under
We are issuing this AD to require substantively from the information DOT Regulatory Policies and Procedures
actions to correct the unsafe condition provided in the MCAI and related (44 FR 11034, February 26, 1979); and
on these products. service information.
(3) Will not have a significant
We might also have required different
DATES: This AD becomes effective economic impact, positive or negative,
actions in this AD from those in the
August 10, 2007. MCAI in order to follow FAA policies. on a substantial number of small entities
On August 10, 2007, the Director of Any such differences are highlighted in under the criteria of the Regulatory
the Federal Register approved the a NOTE within the AD. Flexibility Act.
incorporation by reference of certain We prepared a regulatory evaluation
publications listed in this AD. Costs of Compliance of the estimated costs to comply with
ADDRESSES: You may examine the AD We estimate that this AD will affect this AD and placed it in the AD Docket.
docket on the Internet at http:// 70 products of U.S. registry. We also
Examining the AD Docket
dms.dot.gov or in person at Document estimate that it will take about 1 work-
Management Facility, U.S. Department hour per product to comply with basic You may examine the AD docket on
of Transportation, Docket Operations, requirements of this AD. The average the Internet at http://dms.dot.gov; or in
M–30, West Building Ground Floor, labor rate is $80 per work-hour. person at the Docket Management
Room W12–140, 1200 New Jersey Required parts will cost about $285 per Facility between 9 a.m. and 5 p.m.,
Avenue, SE., Washington, DC 20590. product. Where the service information Monday through Friday, except Federal
lists required parts costs that are holidays. The AD docket contains the
FOR FURTHER INFORMATION CONTACT: covered under warranty, we have NPRM, the regulatory evaluation, any
Sarjapur Nagarajan, Aerospace Engineer, assumed that there will be no charge for comments received, and other
FAA, Small Airplane Directorate, 901 these parts. As we do not control information. The street address for the
Locust, Room 301, Kansas City, warranty coverage for affected parties, Docket Office (telephone (800) 647–
Missouri 64106; telephone: (816) 329– some parties may incur costs higher 5527) is in the ADDRESSES section.
4145; fax: (816) 329–4090. than estimated here. Based on these Comments will be available in the AD
SUPPLEMENTARY INFORMATION: figures, we estimate the cost of this AD docket shortly after receipt.
to the U.S. operators to be $25,550 or
Discussion $365 per product. List of Subjects in 14 CFR Part 39
We issued a notice of proposed Authority for This Rulemaking Air transportation, Aircraft, Aviation
rulemaking (NPRM) to amend 14 CFR safety, Incorporation by reference,
part 39 to include an AD that would Title 49 of the United States Code
Safety.
apply to the specified products. That specifies the FAA’s authority to issue
NPRM was published in the Federal rules on aviation safety. Subtitle I, Adoption of the Amendment
Register on April 24, 2007 (72 FR section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII: ■ Accordingly, under the authority
20296). That NPRM proposed to correct
Aviation Programs,’’ describes in more delegated to me by the Administrator,
an unsafe condition for the specified
detail the scope of the Agency’s the FAA amends 14 CFR part 39 as
products. The MCAI states:
authority. follows:
It has been determined that the surface We are issuing this rulemaking under
roughness of the wing stub safety walks the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS
Series 300, gray color (equals sandpaper grid DIRECTIVES
40), installed during production on some
Part A, Subpart III, Section 44701:
aeroplane S/Ns, adversely affects the aircraft General requirements.’’ Under that ■ 1. The authority citation for part 39
single engine climb performance. section, Congress charges the FAA with continues to read as follows:
promoting safe flight of civil aircraft in
AFM published twin engine climb air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701.
performance is not affected by this AD. for practices, methods, and procedures § 39.13 [Amended]
Comments the Administrator finds necessary for
safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding
We gave the public the opportunity to is within the scope of that authority the following new AD:
participate in developing this AD. We because it addresses an unsafe condition 2007–13–16 Diamond Aircraft Industries
received no comments on the NPRM or that is likely to exist or develop on GmbH: Amendment 39–15120; Docket
on the determination of the cost to the products identified in this rulemaking No. FAA–2007–27610; Directorate
public. action. Identifier 2007–CE–023–AD.
Conclusion Regulatory Findings Effective Date
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(a) This airworthiness directive (AD)


We reviewed the available data and We determined that this AD will not becomes effective August 10, 2007.
determined that air safety and the have federalism implications under
public interest require adopting the AD Executive Order 13132. This AD will Affected ADs
as proposed. not have a substantial direct effect on (b) None.

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Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations 36863

Applicability Diamond Aircraft Industries GmbH Aircraft approved the information collection
(c) This AD applies to Model DA 42 Airplane Flight Manual DA 42, Doc. requirements and has assigned OMB Control
airplanes, serial numbers (S/N) 42.004 and 7.01.05–E. Number 2120–0056.
up, certificated in any category. FAA AD Differences Related Information
Subject Note: This AD differs from the MCAI and/ (h) Refer to MCAI Austrian Civil Aviation
(d) Air Transport Association of America or service information as follows: Administration Austro Control GmbH AD
(ATA) Code 57: Wings. (1) The MCAI and service bulletin require No. A–2005–003, dated October 21, 2005;
the insertion of Diamond Aircraft Airplane Diamond Aircraft Industries GmbH
Reason Flight Manual Temporary Revision Mandatory Service Bulletin No. MSB–42–
(e) The mandatory continuing Performance Data DA 42 AFM TR–MÄM–42– 006/1, dated September 20, 2005; and
airworthiness information (MCAI) states: 111/a, dated September 20, 2005, Revision 3 Diamond Aircraft Temporary Revision
to the Airplane Flight Manual, or any future Performance Data DA 42 AFM TR–MÄM–42–
It has been determined that the surface
revision that incorporates the same 111/a, dated September 20, 2005, for related
roughness of the wing stub safety walks
information into the Diamond Aircraft information.
Series 300, gray color (equals sandpaper grid
40), installed during production on some Industries GmbH Aircraft Airplane Flight Material Incorporated by Reference
aeroplane S/Ns, adversely affects the aircraft Manual DA 42, Doc. 7.01.05–E, immediately
upon receipt. We consider immediately upon (i) You must use Diamond Aircraft
single engine climb performance. Industries GmbH Mandatory Service Bulletin
receipt as an urgent safety of flight
AFM published twin engine climb No. MSB–42–006/1, dated September 20,
compliance time, and we do not consider this
performance is not affected by this AD. 2005; and Diamond Aircraft Temporary
unsafe condition to be an urgent safety of
Actions and Compliance flight condition. Because we do not consider Revision Performance Data DA 42 AFM TR–
this unsafe condition to be an urgent safety MÄM–42–111/a, dated September 20, 2005,
(f) Unless already done, do the following to do the actions required by this AD, unless
actions: of flight condition, we issued this action
through the normal notice of proposed the AD specifies otherwise.
(1) For S/N 42.004 through 42.035, and (1) The Director of the Federal Register
42.037: Within 60 days after August 10, 2007 rulemaking (NPRM) AD process followed by
this final rule. The time of 60 days after approved the incorporation by reference of
(the effective date of this AD), do the this service information under 5 U.S.C.
following actions following Diamond Aircraft August 10, 2007 (the effective date of this
AD) is an adequate compliance for this AD 552(a) and 1 CFR part 51.
Industries GmbH Mandatory Service Bulletin (2) For service information identified in
No. MSB–42–006/1, dated September 20, action and met the FAA requirements of an
NPRM followed by a final rule. this AD, contact Diamond Aircraft Industries
2005: Inc., 1560 Crumlin Sideroad, London,
(i) Exchange the wing stub safety walks (2) Paragraphs A)i) and B)i) of the MCAI,
state to assure that AFM TR–MAM–42–103, Ontario, Canada N5V 1S2; telephone: (519)
following paragraph 1.8, Action 2 a) to b) of 457–4051; fax: (800) 934–3519.
Diamond Aircraft Industries GmbH distributed with DAI MSB42–005, is inserted
into AFM Doc. 7.01.05–E, rev. 2 or earlier (3) You may review copies at the FAA,
Mandatory Service Bulletin No. MSB–42–
revision. This AFM requirement was for an Central Region, Office of the Regional
006/1, dated September 20, 2005.
MCAI on which the United States did not Counsel, 901 Locust, Room 506, Kansas City,
(ii) Insert Diamond Aircraft Airplane Flight
take AD action. The action is no longer Missouri 64106; or at the National Archives
Manual Temporary Revision Performance
necessary when the actions in this AD are and Records Administration (NARA). For
Data DA 42 AFM TR–MÄM–42–111/a, dated
done. Therefore, the action is not being information on the availability of this
September 20, 2005, Revision 3 to the
mandated in the U.S. AD action. material at NARA, call 202–741–6030, or go
Airplane Flight Manual (AFM), or any future
(3) The MCAI references revision 2 of the to: http://www.archives.gov/federal-register/
revision that incorporates the same
AFM. The FAA AD references revision 3. cfr/ibr-locations.html.
information into the Diamond Aircraft
Industries GmbH Aircraft Airplane Flight Issued in Kansas City, Missouri, on June
Other FAA AD Provisions
Manual DA 42, Doc. 7.01.05–E. 21, 2007.
(2) For S/N 42.036, 42.038 through 42.064, (g) The following provisions also apply to
David R. Showers,
42.107, 42.109, 42.110, and 42.177: Within this AD:
(1) Alternative Methods of Compliance Acting Manager, Small Airplane Directorate,
60 days after August 10, 2007 (the effective
(AMOCs): The Manager, Standards Staff, Aircraft Certification Service.
date of this AD), insert Diamond Aircraft
Airplane Flight Manual Temporary Revision FAA, has the authority to approve AMOCs [FR Doc. E7–12500 Filed 7–5–07; 8:45 am]
Performance Data DA 42 AFM TR–MÄM–42– for this AD, if requested using the procedures BILLING CODE 4910–13–P
111/a, dated September 20, 2005, Revision 3 found in 14 CFR 39.19. Send information to
to the AFM, or any future revision that ATTN: Sarjapur Nagarajan, Aerospace
incorporates the same information into the Engineer, FAA, Small Airplane Directorate, DEPARTMENT OF TRANSPORTATION
Diamond Aircraft Industries GmbH Aircraft 901 Locust, Room 301, Kansas City, Missouri
Airplane Flight Manual DA 42, Doc. 64106; telephone: (816) 329–4145; fax: (816) Federal Aviation Administration
7.01.05–E. 329–4090. Before using any approved AMOC
(3) For S/N 42.004 and up: Within 60 days on any airplane to which the AMOC applies,
14 CFR Part 39
after August 10, 2007 (the effective date of notify your appropriate principal inspector
this AD), adhere to the following: (PI) in the FAA Flight Standards District [Docket No. FAA–2007–27212; Directorate
(i) No wing stub safety walks Series 300 Office (FSDO), or lacking a PI, your local Identifier 2007–CE–011–AD; Amendment
(equals sandpaper grid 40), gray color, part FSDO. 39–15121; AD 2007–13–17]
number (P/N) D60–1127–10–51 (no revision (2) Airworthy Product: For any requirement
letter attached) may be installed as a spare in this AD to obtain corrective actions from RIN 2120–AA64
part on the Model DA 42 airplane. Only a manufacturer or other source, use these
Diamond Aircraft Industries (DAI) GmbH actions if they are FAA-approved. Corrective Airworthiness Directives; Air Tractor,
released safety walk P/Ns with a surface actions are considered FAA-approved if they Inc. Models AT–602, AT–802, and AT–
roughness equal to or finer than sandpaper are approved by the State of Design Authority 802A Airplanes
grid 100 are approved for installation as (or their delegated agent). You are required
spare parts. to assure the product is airworthy before it AGENCY: Federal Aviation
(ii) Diamond Aircraft Airplane Flight is returned to service. Administration (FAA), DOT.
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Manual Temporary Revision Performance (3) Reporting Requirements: For any ACTION: Final rule.
Data DA 42 AFM TR–MÄM–42–111/a, dated reporting requirement in this AD, under the
September 20, 2005, Revision 3 to the AFM, provisions of the Paperwork Reduction Act SUMMARY: We are adopting a new
or any future revision that incorporates the (44 U.S.C. 3501 et.seq.), the Office of airworthiness directive (AD) that
same information, must remain part of Management and Budget (OMB) has supersedes AD 2006–22–08, which

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