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[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Proposed Rules]
[Pages 14346-14348]
From the Federal Register Online via the Government Printing 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: 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.

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: 
mike.kiesov@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-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: 
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.

    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
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