Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Rules and Regulations 31457 

special condition would apply to that 

model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features of the GVI. It 

is not a rule of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Condition 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

condition is issued as part of the type 

certification basis for the Gulfstream 

GVI airplanes. 

In addition to compliance with 

§§ 25.143, 25.671, 25.672, and 25.1322, 

the following special condition applies: 

When a flight condition exists where, 

without being commanded by the 

flightcrew, control surfaces are coming 

so close to their limits that return to the 

normal flight envelope and/or 

continuation of safe flight requires a 

specific flightcrew member action, a 

suitable flight control position 

annunciation must be provided to the 

flightcrew, unless other existing 

indications are found adequate or 

sufficient to prompt that action. 

Note: The term ‘‘suitable’’ also indicates an 

appropriate balance between necessary 

operation and nuisance factors. 

Issued in Renton, Washington, on May 20, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–13436 Filed 5–31–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0231; Directorate 

Identifier 2011–CE–003–AD; Amendment 

39–16706; AD 2011–11–07] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Model DA 42 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

Cracks have been reportedly found on DA 

42 Main Landing Gear (MLG) Damper-toTrailing 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. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective July 

6, 2011. 

On July 6, 2011, 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:// 

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 service information identified in 

this AD, contact Diamond Aircraft 

Industries GmbH, N.A. Otto-Stra+e 5, 

A–2700 Wiener Neustadt, Austria, 

telephone: +43 2622 26700; fax: +43 

2622 26780; e-mail: office@diamondair.at; Internet: http://www.diamondair.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. 

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. 

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 16, 2011 (76 FR 

14346). That NPRM proposed 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-toTrailing 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 reinstallation of the aluminum part. 

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. 


jlentini on DSK4TPTVN1PROD with RULES
31458 Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Rules and Regulations 

Any such differences are highlighted in 

a note within the AD. 

Costs of Compliance 

We estimate that this 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 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 this 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 

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 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2011–11–07 Diamond Aircraft Industries 

GmbH: Amendment 39–16706; Docket 

No. FAA–2011–0231; Directorate 

Identifier 2011–CE–003–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 6, 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-toTrailing 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 reinstallation 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) For airplanes installed with main 

landing gear (MLG) joint P/N D60–3217–23– 

5x: Within 100 hours time-in-service (TIS) 

after the effective date of this AD, replace 

each MLG joint P/N D60–3217–23–5x with a 

MLG joint P/N D64–3217–23–0x. 

(2) For all airplanes: As of the effective 

date of this AD, do not install MLG joint P/ 

N D60–3217–23–5x. 

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 FAAapproved 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 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Rules and Regulations 31459 

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+e 5, A–2700 

Wiener Neustadt, Austria, telephone: +43 

2622 26700; fax: +43 2622 26780; e-mail: 

office@diamond-air.at; 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. 

Material Incorporated by Reference 

(i) You must use 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, 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-Stra+e 5, A–2700 Wiener 

Neustadt, Austria, telephone: +43 2622 

26700; fax: +43 2622 26780; e-mail: 

office@diamond-air.at; Internet: http:// 

www.diamond-air.at. 

(3) 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. 

(4) 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 

18, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–12898 Filed 5–31–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0673; Directorate 

Identifier 2009–NM–208–AD; Amendment 

39–16705; AD 2011–11–06] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

SYSTEMS (OPERATIONS) LIMITED 

Model BAe 146 and Avro 146–RJ 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) 

that applies to the products listed above. 

This 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: 

In June 2000, prompted by a crack found 

at the top of the Nose Landing Gear (NLG) 

oleo, BAE Systems Operations) Ltd (BAE 

Systems) issued Inspection Service Bulletin 

(ISB) ISB.32–158. * * * 

Later, as part of an accident investigation, 

the examination of a fractured NLG main 

fitting showed that M–D (Messier-Dowty) 

SB.146–32–150 was not accomplished * * *. 

BAE Systems determined that more NLG 

units could be similarly affected. * * * 

Subsequently, investigation and analysis 

by M–D identified the need for a reduction 

of the inspection threshold and the repetitive 

inspection interval for the affected NLG units 

* * *. 

* * * * * 

* * * [I]nvestigation by M–D showed that 

if any undetected crack was present at the 

time of the embodiment of M–D SB 146–32– 

150, Part B or Part C, it could continue to 

grow while the NLG is in service and could 

lead to the failure of the main fitting and 

possible collapse of the NLG. * * * [B]AE 

Systems have received additional reports of 

cracked NLG main fittings. One operator 

reported a crack in a premodification main 

fitting. * * * 

* * * * * 

Undetected cracks could lead to failure of 

the NLG Main Fitting and collapse of the 

NLG. 

* * * * * 

The unsafe condition is cracking of 

the NLG, which could adversely affect 

the airplane’s safe landing. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective July 

6, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 6, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

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 February 7, 2011 (76 FR 

6575), and proposed to supersede AD 

2002–03–10, Amendment 39–12651 (67 

FR 6855, February 14, 2002). That 

NPRM proposed to correct an unsafe 

condition for the specified products. 

The MCAI states: 

In June 2000, prompted by a crack found 

at the top of the Nose Landing Gear (NLG) 

oleo, BAE Systems (Operations) Ltd (BAE 

Systems) issued Inspection Service Bulletin 

(ISB) ISB.32–158. This ISB was classified 

mandatory by the United Kingdom Civil 

Aviation Authority under AD number 002– 

06–2000, requiring repetitive NonDestructive Testing (NDT) crack inspections 

on the upper end of the NLG oleo. The AD 

also provided an optional terminating action 

for the repetitive inspections, by embodiment 

of Messier-Dowty (M–D) Service Bulletin 

(SB) SB.146–32–150. 

Later, as part of an accident investigation, 

the examination of a fractured NLG main 

fitting showed that M–D SB.146–32–150 was 

not accomplished, although the records 

indicated that it had been. BAE Systems 

determined that more NLG units could be 

similarly affected. These NLG units were 

overhauled at Messier Services in Sterling, 

Virginia, in the United States. To address this 

situation, [European Aviation Safety Agency] 


jlentini on DSK4TPTVN1PROD with RULES