[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Proposed Rules]
[Pages 14346-14348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6096]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0231; Directorate Identifier 2011-CE-003-AD]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH Model
DA 42 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. 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:
Cracks have been reportedly found on DA 42 Main Landing Gear
(MLG) Damper-to-Trailing Arm joints during standard maintenance.
Depending on environmental-, operating- and runway conditions, the
affected MLG joint, Part Number (P/N) D60-3217-23-5x (4 different
lengths are available), which is made of aluminum, is susceptible to
cracking.
This condition, if not detected and corrected, may lead to
failure of the joint and subsequent damage or malfunction of the
MLG, possibly resulting in damage to the aeroplane during landing
and injury to occupants.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
[[Page 14347]]
DATES: We must receive comments on this proposed AD by May 2, 2011.
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.
For service information identified in this proposed AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; e-mail: [email protected]; Internet: http://www.diamond-air.at. You may review copies of the referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call 816-329-4148.
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: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; fax: (816) 329-4090; e-mail:
[email protected].
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-2011-0231;
Directorate Identifier 2011-CE-003-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://www.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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2011-0020, dated February 7, 2011 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
Cracks have been reportedly found on DA 42 Main Landing Gear
(MLG) Damper-to-Trailing Arm joints during standard maintenance.
Depending on environmental-, operating- and runway conditions, the
affected MLG joint, Part Number (P/N) D60-3217-23-5x (4 different
lengths are available), which is made of aluminum, is susceptible to
cracking.
This condition, if not detected and corrected, may lead to
failure of the joint and subsequent damage or malfunction of the
MLG, possibly resulting in damage to the aeroplane during landing
and injury to occupants.
To address this unsafe condition, EASA issued AD 2010-0155 to
require repetitive inspections of the MLG joint and, depending on
findings, replacement with a serviceable part. Since that AD was
issued, DAI developed an improved design MLG joint, P/N D64-3217-23-
0x (also 4 different lengths available), which is made of steel and
less susceptible to cracking.
For the reasons described above, this new AD retains the
requirements of EASA AD 2010-0155R1, which is superseded, and adds
the terminating action requirement to modify the aeroplane by
installing the improved steel part. This new AD also prohibits re-
installation of the aluminum part.
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. MSB 42-088/2, dated February 3, 2011, and Work Instruction
WI-MSB 42-088, dated February 3, 2011. 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 162 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 $85 per work-hour. Required parts would cost
about $729 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $131,868, or $814 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
[[Page 14348]]
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 adding the following new AD:
Diamond Aircraft Industries GmbH: Docket No. FAA-2011-0231;
Directorate Identifier 2011-CE-003-AD.
Comments Due Date
(a) We must receive comments by May 2, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Diamond Aircraft Industries GmbH Model DA
42 airplanes, all serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 32: Landing
Gear.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Cracks have been reportedly found on DA 42 Main Landing Gear
(MLG) Damper-to-Trailing Arm joints during standard maintenance.
Depending on environmental-, operating- and runway conditions, the
affected MLG joint, Part Number (P/N) D60-3217-23-5x (4 different
lengths are available), which is made of aluminum, is susceptible to
cracking.
This condition, if not detected and corrected, may lead to
failure of the joint and subsequent damage or malfunction of the
MLG, possibly resulting in damage to the aeroplane during landing
and injury to occupants.
To address this unsafe condition, EASA issued AD 2010-0155 to
require repetitive inspections of the MLG joint and, depending on
findings, replacement with a serviceable part. Since that AD was
issued, DAI developed an improved design MLG joint, P/N D64-3217-23-
0x (also 4 different lengths available), which is made of steel and
less susceptible to cracking.
For the reasons described above, this new AD retains the
requirements of EASA AD 2010-0155R1, which is superseded, and adds
the terminating action requirement to modify the aeroplane by
installing the improved steel part. This new AD also prohibits re-
installation of the aluminum part.
Actions and Compliance
(f) Unless already done, do the following actions following
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB
42-088/2, dated February 3, 2011; and Work Instruction WI-MSB 42-
088, dated February 3, 2011:
(1) Within 100 hours time-in-service (TIS) after the effective
date of this AD, replace each main landing gear (MLG) joint P/N D60-
3217-23-5x with a MLG joint P/N D64-3217-23-0x.
(2) After the effective date of this AD, all replacements of MLG
joint P/N D60-3217-23-5x must be done with MLG joint P/N D64-3217-
23-0x.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: EASA originally established an initial and repetitive
inspection of the MLG joint part. We are not establishing an initial
or repetitive inspection, and instead we are just requiring a
mandatory one-time replacement of the part within 100 hours TIS
after the effective date of this AD.
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: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; 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, a Federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(h) Refer to MCAI EASA AD No.: 2011-0020, dated February 7,
2011; Diamond Aircraft Industries GmbH Mandatory Service Bulletin
No. MSB 42-088/2, dated February 3, 2011; and Work Instruction WI-
MSB 42-088, dated February 3, 2011, for related information. For
service information related to this AD, contact Diamond Aircraft
Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener Neustadt,
Austria, telephone: +43 2622 26700; fax: +43 2622 26780; e-mail:
[email protected]; Internet: http://www.diamond-air.at. You may
review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call 816-329-4148.
Issued in Kansas City, Missouri on March 10, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-6096 Filed 3-15-11; 8:45 am]
BILLING CODE 4910-13-P