Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2012-0269, dated December 19, 2012 (referred to after this as ``the MCAI''), to correct
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an unsafe condition for the specified products. The MCAI states:
Three occurrences of in-flight engine control unit (ECU) A/B caution initiation were reported which were followed by an un- commanded power reduction. All of these events happened in snow or moist conditions and resolved themselves in warmer air conditions. The subsequent investigation identified that the engine air inlet filter is subject to icing under certain, currently not fully identified, icing conditions.
The DA 42 NG is equipped with a manually controlled alternate air valve which bypasses the inlet air filter and provides sufficient air to the engine. The aeroplane flight manual (AFM) procedures include procedure for activation of the alternate air valve in case of power loss but these procedures were not applied by the pilots in these events.
The DA 42 NG is certified for flights in known icing conditions during which engine inlet filter icing may occur, therefore it is expected that flights into suspected icing conditions, where inlet filter icing may occur, is more likely.
Additional occurrence of dual ECU A/B caution initiation was reported followed by loss of power and loss of flight altitude. Again, the alternate air valve was not opened, which would have immediately resolved the situation.
It has been recognized that the engine control ECU A/B caution triggers the pilot to focus on engine electrical or fuel supply problem and thus causes a misinterpretation of the situation. It has also been identified that the conditions during which air filter icing may occur could include the critical take-off and climb phase.
This condition, if not corrected, could lead to a loss ofengine power and reduced controllability of the aeroplane.
To address this unsafe condition, DAI revised Supplement S03 ``Ice Protection System'' to the aeroplane AFM and issued Service Information SI 42NG-039 to advise the owners and pilots of the proper use of the engine alternate air.
For the reasons described above, this AD requires revision of the aeroplane AFM to incorporate updated Normal and Abnormal Operating procedures for alternate air valve operation during suspected rain, snow or visible moisture conditions.
The requirement of this AD is considered as an interim action. DAI is currently developing a modification that addresses the unsafe condition identified in this AD.
You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued the following service information:
Service Information No. SI 42NG-039, dated November 14, 2012;
DA 42 NG AFM Temporary Revision TR-M[Auml]M 42-701, Doc. 7.01.15-E, dated November 20, 2012;
DA 42 NG AFM Temporary Revision TR-M[Auml]M 42-701, Doc. 7.01.16-E, dated November 20, 2012; and
DA 42 NG AFM Temporary Revision TR-O[Auml]M-42-200/a, Doc. 7.01.15-E, dated November 30, 2012.
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.
Interim ActionWe consider this AD interim action. The type certificate holder is looking at developing a modification that addresses the unsafe condition identified in this AD. When this modification is established, we may take additional rulemaking action to mandate the modification.
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 this condition, if not corrected, could lead to a loss of engine power and reduced controllability of the airplane. 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-2013-0247; Directorate Identifier 2013-CE-001-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://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Costs of Compliance
We estimate that this AD will affect 26 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $0 per product.
Based on these figures, we estimate the cost of the AD on U.S. operators to be $2,210, or $85 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies and
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Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporationby reference, Safety.