FR Doc E7-16098

[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Rules and Regulations]
[Page 46549-46551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au07-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27974 Directorate Identifier 2007-CE-040-AD;
Amendment 39-15164; AD 2007-17-06]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH Model
DA 40 and DA 40F 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:

A nose landing gear leg failed in area of the nose gear leg
pivot axle. This airplane was mostly operated on grass runways and
training operations. This failure was based on a fatigue crack
developed in the pivot axle. Material inspections figured out that
this cracks may also develop on other serial No. pending the type of
operation.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective September 25, 2007.
On September 25, 2007, 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://dms.dot.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.

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 May 17, 2007 (72 FR
27768). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

The MCAI requires repetitively inspecting the nose landing gear leg
for cracks and replacing the nose landing gear leg if cracks are found.

Comments

We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Comment Issue No. 1: Change the Compliance Time for the Initial and
Repetitive Inspections

Colin Summers, Dan Montgomery, Michael A. Rigg, and Van A. Lupo
state that the NPRM is based on a single incident where the airplane
was used for training on a grass strip, and Diamond Aircraft issued a
mandatory service bulletin requiring inspection of the nosewheel pivot
pin for airplanes flying out of grass runways.
Two of the commenters state that they operate their airplane out of
paved runways and fly less than 500 hours a year. Requiring inspections
every 200 hours seems more than what the situation warrants.
We infer the commenters feel the proposed initial inspection
compliance time of ``within the next 100 hours time-in-service (TIS)
after the effective date of this AD'' and the repetitive inspection
requirement of ``every 200 hours TIS thereafter'' is unwarranted and
too burdensome.
The commenters request the compliance time for the initial and
repetitive inspections be changed to the next annual inspection.
We partially agree with the commenters. We cannot enforce a
compliance time of ``at the next annual inspection after the effective
date of this AD.'' Such a compliance time could cause an increased
burden on the owner/operator if their annual inspection came due the
day after this AD becomes effective, which would ground the airplane.
Unless it is determined to be an urgent safety of flight condition, we
are required to give owner/operators a grace period after the AD
becomes effective to schedule the airplane for maintenance. We can
provide a compliance time of 12 months to coincide with annual
inspections.

[[Page 46550]]

We will change the compliance times for the initial and repetitive
inspections in this final rule AD action to add 12 months and change to
200 hours TIS (whichever occurs later) to allow more time for
scheduling purposes and to lessen the burden from the compliance time
proposed in the NPRM.

Comment Issue No. 2: AD Unwarranted

Daniel P. Ferry, Jr. of Ferry Aviation LLC states the need for an
AD requiring an inspection is unwarranted. He states that the existing
service bulletin is adequate to ensure safety, and the problem does not
seem widespread or a severe safety risk.
We infer the commenter wants the NPRM withdrawn.
We do not agree with the commenter. We have examined the
information provided by the MCAI and determined that an unsafe
condition does exist that warrants AD action. Issuing an AD is the only
way we can mandate that the instructions and procedures in a service
bulletin are followed.
We are not changing the final rule AD action based on this comment.

Conclusion

We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

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

We estimate that this AD will affect 476 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $38,080 or $80 per product.
In addition, we estimate that any necessary follow-on actions will
take about 8 work-hours and require parts costing $1,715, for a cost of
$2,355 per product. We have no way of determining the number of
products that may need these actions.

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://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 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:

2007-17-06 Diamond Aircraft Industries GmbH: Amendment 39-15164;
Docket No. FAA-2007-27974; Directorate Identifier 2007-CE-040-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective
September 25, 2007.

Affected ADs

(b) None.

Applicability

------------------------------------------------------------------------
Model Serial Nos.
------------------------------------------------------------------------
DA 40.................................. All serial numbers beginning
with 40.006.
DA 40F................................. All serial numbers beginning
with 40.F001.
All serial numbers beginning
with 40.FC001.
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Subject

(d) Air Transport Association of America (ATA) Code 32: Landing
Gear.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:

Actions and Compliance

(f) Unless already done, do the following actions:

[[Page 46551]]

(1) Inspect the nose landing gear leg for cracks as follows.
(i) Initially within the next 12 months after September 25, 2007
(the effective date of this AD) or within the next 200 hours time-
in-service (TIS) after September 25, 2007 (the effective date of
this AD), whichever occurs later.
(ii) Repetitively inspect thereafter at intervals not to exceed
12 months or 200 hours TIS, whichever occurs later.
(2) Replace the nose landing gear leg before further flight
after any inspection required by paragraph (f)(1) of this AD in
which cracks are found.
(3) After doing the replacement required in paragraph (f)(2) of
this AD, repetitively inspect at intervals not to exceed 12 months
or 200 hours TIS, whichever occurs later.
(4) Do the actions required in paragraphs (f)(1), (f)(2), and
(f)(3) of this AD following Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated
April 25, 2007, and the applicable maintenance manual.

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 Staff, 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 Austro Control AD No. A-2005-005, dated
November 15, 2005; and Diamond Aircraft Industries GmbH Mandatory
Service Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated April 25,
2007, for related information.

Material Incorporated by Reference

(i) You must use Diamond Aircraft Industries GmbH Mandatory
Service Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated April 25,
2007, 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-Strabe 5, A-2700 Wiener
Neustadt; Fax: **43-2622-26620; or e-mail: support@diamond-air.at.
(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 August 10, 2007.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-16098 Filed 8-20-07; 8:45 am]

BILLING CODE 4910-13-P