[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Proposed Rules]
[Page 11505-11507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr09-20]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 11505]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0240; Directorate Identifier 2009-CE-015-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH Models
DA 40 and DA 40F Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated 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.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by April 17, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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 this proposed AD, 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.
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;
email: sarjapur.nagarajan@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0240;
Directorate Identifier 2009-CE-015-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On August 10, 2007, we issued AD 2007-17-06, Amendment 39-15164 (72
FR 46549, August 21, 2007). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2007-17-06, Diamond Aircraft Industries
developed a redesigned NLG leg that is not affected by the cracking
phenomenon addressed in Austro Control, which is the aviation authority
for Austria, AD No. A-2005-005, dated November 15, 2005.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2009-0016, dated January 22, 2009 (referred to after this as ``the
MCAI''), 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.
Relevant Service Information
Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin No. MSB40-046/3, No. MSBD4-046/3,
[[Page 11506]]
dated November 17, 2008. 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 Proposed 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 proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed 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 proposed 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 proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 678 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 proposed AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $54,240, or $80 per product.
In addition, we estimate that any necessary follow-on actions will
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by removing Amendment 39-15164 (72 FR
46549, August 21, 2007), and adding the following new AD:
Diamond Aircraft Industries GmbH: Docket No. FAA-2009-0240;
Directorate Identifier 2009-CE-015-AD.
Comments Due Date
(a) We must receive comments by April 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 numbers (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.
------------------------------------------------------------------------
Subject
(d) Air Transport Association of America (ATA) Code 32: Landing
Gear.
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
[[Page 11507]]
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 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 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 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.
Issued in Kansas City, Missouri, on March 11, 2009.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-5764 Filed 3-17-09; 8:45 am]
BILLING CODE 4910-13-P