[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Proposed Rules]
[Pages 11505-11507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5764]


========================================================================
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.

========================================================================


Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / 
Proposed Rules

[[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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#106371627a716065623e7e71777162717a717e507671713e777f66"><span class="__cf_email__" data-cfemail="6a190b18000b1a1f1844040b0d0b180b000b042a0c0b0b440d051c">[email protected]</span></a>.

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


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