[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22435-22437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10652]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0240; Directorate Identifier 2009-CE-015-AD;
Amendment 39-15899; AD 2009-10-04]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH Model
DA 40 and DA 40 F 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 to supersede an existing AD. 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 case was reported where the NLG leg of a DA 40 aircraft failed
in the area of the nose gear leg pivot axle. The affected airplane
was mostly operated on grass runways and used for training
operations. The investigation showed that the failure was due to a
fatigue crack that had developed in the pivot axle. Subsequent
material inspections determined that these cracks may also develop
on other aircraft, depending on the type of operation.
This condition, if not detected and corrected, could lead to
further cases of NLG failure, possibly causing damage to the
aircraft and injuries to occupants. To address and correct this
unsafe condition, ACG issued AD A-2005-005 to require repetitive
inspections of the NLG leg and, in case cracks are found,
replacement of the NLG leg with a serviceable unit. Since that AD
was issued, Diamond Aircraft Industries developed a redesigned NLG
leg which is not affected by the cracking phenomenon addressed by AD
A-2005-005.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 17, 2009.
On June 17, 2009, the Director of the Federal Register approved the
incorporation by reference of Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40-046/3, No. MSBD4-046/3, dated
November 17, 2008, listed in this AD.
As of September 25, 2007 (72 FR 46549, August 21, 2007), the
Director of the Federal Register approved the incorporation by
reference of Diamond Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated April 25, 2007, 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;
e-mail: [email protected].
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 March 18, 2009 (74
FR 11505), and proposed to supersede AD
[[Page 22436]]
2007-17-06, Amendment 39-15164 (72 FR 46549, August 21, 2007). That
NPRM proposed to correct an unsafe condition for the specified
products. The MCAI states:
A case was reported where the NLG leg of a DA 40 aircraft failed
in the area of the nose gear leg pivot axle. The affected airplane
was mostly operated on grass runways and used for training
operations. The investigation showed that the failure was due to a
fatigue crack that had developed in the pivot axle. Subsequent
material inspections determined that these cracks may also develop
on other aircraft, depending on the type of operation.
This condition, if not detected and corrected, could lead to
further cases of NLG failure, possibly causing damage to the
aircraft and injuries to occupants. To address and correct this
unsafe condition, ACG issued AD A-2005-005 to require repetitive
inspections of the NLG leg and, in case cracks are found,
replacement of the NLG leg with a serviceable unit. Since that AD
was issued, Diamond Aircraft Industries developed a redesigned NLG
leg which is not affected by the cracking phenomenon addressed by AD
A-2005-005.
For the reasons described above, this EASA AD retains the
requirements of ACG AD A-2005-005, which is superseded, and excludes
aircraft from the applicability that have the improved NLG leg
installed.
You may obtain further information by examining the MCAI in the AD
docket.
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
We estimate that this AD will affect 678 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the 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 $54,240 or $80 per product.
In addition, we estimate that any necessary follow-on actions would
take about 5 work-hours and require parts costing $740, for a cost of
$1,140 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://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 removing Amendment 39-15164 (72 FR
46549, August 21, 2007), and adding the following new AD:
2009-10-04 Diamond Aircraft Industries GmbH: Amendment 39-15899;
Docket No. FAA-2009-0240; Directorate Identifier 2009-CE-015-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 17,
2009.
Affected ADs
(b) This AD supersedes AD 2007-17-06, Amendment 39-15164.
Applicability
(c) This AD applies to the following airplanes that:
(1) are certificated in any category; and
(2) are not equipped with a nose landing gear (NLG) leg part
number (P/N) D41-3223-10-00--1 or higher (--2, --3, etc.).
------------------------------------------------------------------------
Model Serial Nos. (S/N)
------------------------------------------------------------------------
DA 40............................. All S/Ns beginning with 40.006.
DA 40F............................ All S/Ns beginning with 40.F001.
All S/Ns beginning with 40.FC001.
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Subject
(d) Air Transport Association of America (ATA) Code 32: Landing
gear.
[[Page 22437]]
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
A case was reported where the NLG leg of a DA 40 aircraft failed
in the area of the nose gear leg pivot axle. The affected airplane
was mostly operated on grass runways and used for training
operations. The investigation showed that the failure was due to a
fatigue crack that had developed in the pivot axle. Subsequent
material inspections determined that these cracks may also develop
on other aircraft, depending on the type of operation.
This condition, if not detected and corrected, could lead to
further cases of NLG failure, possibly causing damage to the
aircraft and injuries to occupants. To address and correct this
unsafe condition, ACG issued AD A-2005-005 to require repetitive
inspections of the NLG leg and, in case cracks are found,
replacement of the NLG leg with a serviceable unit. Since that AD
was issued, Diamond Aircraft Industries developed a redesigned NLG
leg which is not affected by the cracking phenomenon addressed by AD
A-2005-005.
For the reasons described above, this EASA AD retains the
requirements of ACG AD A-2005-005, which is superseded, and excludes
aircraft from the applicability that have the improved NLG leg
installed.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Inspect the nose landing gear (NLG) leg for cracks within
the next 12 months after September 25, 2007 (the effective date
retained from AD 2007-17-06), or within the next 200 hours time-in-
service (TIS) after September 25, 2007 (the effective date retained
from AD 2007-17-06), whichever occurs later. Do the inspection
following Diamond Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated April 25, 2007, or
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No.
MSB40-046/3, No. MSBD4-046/3, dated November 17, 2008.
(2) If any cracks are found during the inspection required in
paragraph (f)(1) of the AD or during any inspection required in
paragraph (f)(2)(ii) or (f)(3) of this AD, replace the NLG leg
before further flight. Do the replacement following Diamond Aircraft
Industries GmbH Mandatory Service Bulletin No. MSB40-046/1, No.
MSBD4-046/1, dated April 25, 2007; or Diamond Aircraft Industries
GmbH Mandatory Service Bulletin No. MSB40-046/3, No. MSBD4-046/3,
dated November 17, 2008.
(i) Replacing a NLG leg with a part number (P/N) D41-3223-10-
00--1 or higher (--2, --3, etc.) terminates the repetitive
inspections required in this AD.
(ii) Replacing a NLG leg with a P/N D41-3223-10-00 requires
repetitive inspections as specified in paragraph (f)(3) of this AD
until a P/N D41-3223-10-00--1 or higher (--2, --3, etc.) is
installed.
(3) If no cracks are found during the inspection required in
paragraph (f)(1) of this AD or a cracked NLG leg is replaced with a
P/N D41-3223-10-00 NLG leg, repetitively inspect thereafter at
intervals not to exceed 12 months or 200 hours TIS, whichever occurs
later, until a P/N D41-3223-10-00--1 or higher (--2, --3, etc.) is
installed. Do these repetitive inspections following Diamond
Aircraft Industries GmbH Mandatory Service Bulletin No. MSB40-046/3,
No. MSBD4-046/3, dated November 17, 2008.
(i) If a repetitive inspection occurs before June 17, 2009 (the
effective date of this AD), then you may use Diamond Aircraft
Industries GmbH Mandatory Service Bulletin No. MSB40-046/1, No.
MSBD4-046/1, dated April 25, 2007.
(ii) All inspections that occur after June 17, 2009 (the
effective date of this AD), must be done following Diamond Aircraft
Industries GmbH Mandatory Service Bulletin No. MSB40-046/3, No.
MSBD4-046/3, dated November 17, 2008.
(4) After installing a P/N D41-3223-10-00--1 or higher (--2, --
3, etc.) as a replacement part, installing a NLG leg P/N D41-3223-
10-00 is no longer allowed.
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.
2009-0016, dated January 22, 2009; Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated
April 25, 2007; and Diamond Aircraft Industries GmbH Mandatory
Service Bulletin No. MSB40-046/3, No. MSBD4-046/3, dated November
17, 2008, 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; and Diamond Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB40-046/3, No. MSBD4-046/3, dated November 17, 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 Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40-046/3, No. MSBD4-046/3, dated
November 17, 2008, under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) On September 25, 2007 (72 FR 46549, August 21, 2007), the
Director of the Federal Register previously approved the
incorporation by reference of Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated
April 25, 2007.
(3) 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: [email protected].
(4) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(5) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on May 1, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-10652 Filed 5-12-09; 8:45 am]
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