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.

Proposed Rules Federal Register

11505 

Vol. 74, No. 51 

Wednesday, March 18, 2009 

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, 


tjames on PRODPC61 with PROPOSALS
11506 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 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 


tjames on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 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 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, 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 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Areas at Cape Canaveral Air 

Force Station, Patrick AFB, FL 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to amend 

the existing regulations at 33 U.S.C. 334 

to enlarge an existing restricted area in 

the Banana River and to establish a new 

restricted area in the Atlantic Ocean for 

the Cape Canaveral Air Force Station 

(CCAFS), located on Patrick AFB, 

Florida. We are also proposing to 

remove an existing restricted area in the 

Banana River at CCAFS. CCAFS 

Command, located at Patrick AFB, 

Florida, is responding to Department of 

Defense (DoD) security assessments 

which have identified a need for CCAFS 

to have the capability to secure their 

shoreline. The proposed enhancement 

of these capabilities is necessary to 

counter postulated threats to CCAFS. 

DATES: Written comments must be 

submitted on or before April 17, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2009–0001, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2009–0001, in 

the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2009–0001. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or email. The regulations.gov Web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 


tjames on PRODPC61 with PROPOSALS