Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 15371 

accordance with paragraphs 2.A.(1) through 

2.A.(3) of the ACCOMPLISHMENT 

INSTRUCTIONS of RUAG Aerospace 

Defence Technology Dornier 228 Service 

Bulletin No. SB–228–275, Revision No.: 0, 

dated October 8, 2008. If any defect is found, 

before further flight, modify the attachment 

bracket riveting in accordance with 

paragraph 2.B. of the ACCOMPLISHMENT 

INSTRUCTIONS of RUAG Aerospace 

Defence Technology Dornier 228 Service 

Bulletin No. SB–228–275, Revision No.: 0, 

dated October 8, 2008. 

(2) Within 300 hours TIS after May 11, 

2009 (the effective date of this AD), unless 

accomplished as required per paragraph (f)(1) 

of this AD, modify the attachment bracket 

riveting in accordance with paragraph 2.B. of 

the ACCOMPLISHMENT INSTRUCTIONS of 

RUAG Aerospace Defence Technology 

Dornier 228 Service Bulletin No. SB–228– 

275, Revision No.: 0, dated October 8, 2008. 

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: Greg Davison, Glider Program 

Manager, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4130; 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 AD No.: 2008–0217, dated 

December 10, 2008; and RUAG Aerospace 

Defence Technology Dornier 228 Service 

Bulletin No. SB–228–275, Revision No.: 0, 

dated October 8, 2008, for related 

information. 

Material Incorporated by Reference 

(i) You must use RUAG Aerospace Defence 

Technology Dornier 228 Service Bulletin No. 

SB–228–275, Revision No.: 0, dated October 

8, 2008, 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 RUAG Aerospace Services 

GmbH, Dornier 228 Customer Support, P.O. 

Box 1253, 82231 Wessling, Federal Republic 

of Germany, telephone: +49 (0) 8153–30– 

2280; fax: +49 (0) 8153–30–3030; E-mail: 

custsupport.dorner228@ruag.com; Internet: 

http://www.ruag.com/. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(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 March 

24, 2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–7071 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0125 Directorate 

Identifier 2009–CE–002–AD; Amendment 

39–15873; AD 2009–07–14] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Model DA 40 

and DA 40F 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: 

A number of wings manufactured by 

Diamond Aircraft Industries Inc. in Canada 

have been found to exhibit voids in the 

adhesive joint between the main spar caps 

and the upper wing skins. The available 

information indicates that wings with voids 

continue to meet the certification design 

limits, provided the voids are within 

established criteria. However, to detect any 

wings that may have voids exceeding these 

criteria, Diamond has issued Mandatory 

Service Bulletin MSB–40–060 and MSB–F4– 

016 (single document) that describes 

instructions for inspection of the aircraft that 

had these wings installed during 

manufacture. Aircraft that have voids within 

the inspection criteria may continue to 

operate without restriction, pending the 

outcome of ongoing investigations. Aircraft 

that have voids exceeding the inspection 

criteria must be repaired. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

11, 2009. 

On May 11, 2009, 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 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. 

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 13, 2009 (74 FR 

7196). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

A number of wings manufactured by 

Diamond Aircraft Industries Inc. in Canada 

have been found to exhibit voids in the 

adhesive joint between the main spar caps 

and the upper wing skins. The available 

information indicates that wings with voids 

continue to meet the certification design 

limits, provided the voids are within 

established criteria. However, to detect any 

wings that may have voids exceeding these 

criteria, Diamond has issued Mandatory 

Service Bulletin MSB–40–060 and MSB–F4– 

016 (single document) that describes 

instructions for inspection of the aircraft that 

had these wings installed during 

manufacture. Aircraft that have voids within 


pwalker on PROD1PC71 with RULES
15372 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 

the inspection criteria may continue to 

operate without restriction, pending the 

outcome of ongoing investigations. Aircraft 

that have voids exceeding the inspection 

criteria must be repaired. 

For the reasons described above, this EASA 

AD requires the inspection of the affected 

aircraft to measure the voids in the adhesive 

joint between the main spar caps and the 

upper wing skin, the reporting of all findings 

to Diamond Aircraft industries and the repair 

of any voids exceeding the criteria as 

specified in the MSB. 

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. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect 649 

products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate 

the cost of this AD to the U.S. operators 

to be $103,840 or $160 per product. 

We have no way of determining the 

cost of any necessary repairs or parts 

that may be required as a result of any 

proposed inspection. 

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: 

2009–07–14 Diamond Aircraft Industries 

GmbH: Amendment 39–15873; Docket 

No. FAA–2009–0125; Directorate 

Identifier 2009–CE–002–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 11, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following model 

and serial number airplanes, certificated in 

any category: DA 40 airplanes, serial 

numbers 40.377, 40.420, 40.422, 40.644 

through 40.693, 40.695 through 40.842, 

40.844, 40.846 through 40.887, 40.889 

through 40.912, 40.915 through 40.917, 

40.919 through 40.929, 40.931, 40.932, 

40.934 through 40.940, 40.944 through 

40.949, 40.951 through 40.953, 40.955 

through 40.957, 40.961, 40.964, and 40.971; 

and DA 40F airplanes, serial numbers 

40.FC007 through 40.FC029. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A number of wings manufactured by 

Diamond Aircraft Industries Inc. in Canada 

have been found to exhibit voids in the 

adhesive joint between the main spar caps 

and the upper wing skins. The available 

information indicates that wings with voids 

continue to meet the certification design 

limits, provided the voids are within 

established criteria. However, to detect any 

wings that may have voids exceeding these 

criteria, Diamond has issued Mandatory 

Service Bulletin MSB–40–060 and MSB–F4– 

016 (single document) that describes 

instructions for inspection of the aircraft that 

had these wings installed during 

manufacture. Aircraft that have voids within 

the inspection criteria may continue to 

operate without restriction, pending the 

outcome of ongoing investigations. Aircraft 

that have voids exceeding the inspection 

criteria must be repaired. 

For the reasons described above, this EASA 

AD requires the inspection of the affected 

aircraft to measure the voids in the adhesive 

joint between the main spar caps and the 

upper wing skin, the reporting of all findings 

to Diamond Aircraft industries and the repair 

of any voids exceeding the criteria as 

specified in the MSB. 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 15373 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within the next 100 hours time-inservice (TIS) after May 11, 2009 (the effective 

date of this AD) or within the next 3 months 

after May 11, 2009 (the effective date of this 

AD), whichever occurs first, inspect the 

adhesive joint between the wing main spar 

caps and the upper wing skin for adhesive 

voids following Diamond Aircraft Industries 

GmbH Work Instructions WI–MSB–40–060 

and WI–MSB–F4–016 (single document), 

dated October 20, 2008; as referenced in 

Diamond Aircraft Industries GmbH 

Mandatory Service Bulletins No. MSB–40– 

060 and No. MSB–F4–016 (single document), 

dated October 20, 2008. 

(2) Within the next 30 days after the 

inspection required in paragraph (f)(1) of this 

AD or within 30 days after May 11, 2009 (the 

effective date of this AD), whichever occurs 

later, report the results to Diamond Aircraft 

Industries following Diamond Aircraft 

Industries GmbH Work Instructions WI– 

MSB–40–060 and WI–MSB–F4–016 (single 

document), dated October 20, 2008; as 

referenced in Diamond Aircraft Industries 

GmbH Mandatory Service Bulletins No. 

MSB–40–060 and No. MSB–F4–016 (single 

document), dated October 20, 2008. 

(3) If, as a result of the inspection required 

by paragraph (f)(1) of this AD, an adhesive 

void is found that exceeds the criteria 

specified in the service information, before 

further flight, contact Diamond Aircraft 

Industries at Diamond Aircraft Industries 

GmbH, N.A. Otto-Stra+e 5, A–2700 Wiener 

Neustadt; telephone: +43 2622 26700; fax: 

+43 2622 26780; E-mail: office@diamondair.at, for FAA-approved repair instructions 

and accomplish the repair accordingly. 

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.: 2008–0224, 

dated December 16, 2008; and Diamond 

Aircraft Industries GmbH Mandatory Service 

Bulletins No. MSB–40–060 and No. MSB– 

F4–016 (single document), dated October 20, 

2008, for related information. 

Material Incorporated by Reference 

(i) You must use Diamond Aircraft 

Industries GmbH Work Instructions WI– 

MSB–40–060 and WI–MSB–F4–016 (single 

document), dated October 20, 2008; and 

Diamond Aircraft Industries GmbH 

Mandatory Service Bulletins No. MSB–40– 

060 and No. MSB–F4–016 (single document), 

dated October 20, 2008, 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; telephone: +43 2622 26700; fax: 

+43 2622 26780; e-mail: office@diamondair.at; Internet: http://www.diamond-air.at/. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(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 March 

27, 2009. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–7412 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

[Docket No. 070720390–9588–04] 

RIN 0648–AV28 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish; 

Management Measures for the 

Northern Mariana Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; effectiveness of 

collection–of–information requirements. 

SUMMARY: NMFS announces approval by 

the Office of Management and Budget 

(OMB) of collection–of–information 

requirements contained in regulations 

implementing Amendment 10 to the 

Fishery Management Plan for 

Bottomfish and Seamount Groundfish 

Fisheries of the Western Pacific Region. 

The intent of this final rule is to inform 

the public that the associated 

permitting, reporting, and vessel 

monitoring system (VMS) requirements 

for vessels in the Commonwealth of the 

Northern Mariana Islands (CNMI) have 

been approved by OMB. 

DATES: The amendments to §§ 665.14, 

665.16, 665.19, and 665.61, published at 

73 FR 75615 (December 12, 2008) have 

been approved by OMB and are effective 

on May 6, 2009. 

ADDRESSES: Written comments 

regarding the burden–hour estimates or 

other aspects of the collection–of– 

information requirements contained in 

this final rule may be submitted to 

William L. Robinson, Administrator, 

NMFS Pacific Islands Region (PIR), 1601 

Kapiolani Blvd., Suite 1110, Honolulu, 

HI 96814–4700, and to David Rostker, 

OMB, by e–mail to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Brett Wiedoff, Sustainable Fisheries 

Division, NMFS PIR, 808–944–2272. 

SUPPLEMENTARY INFORMATION: This 

Federal Register document is also 

accessible at www.gpoaccess.gov/fr/. 

A final rule for Amendment 10 was 

published in the Federal Register on 

December 12, 2008 (73 FR 75615). The 

requirements of that final rule, other 

than the collection–of–information 

requirements, were effective on January 

12, 2009. Because OMB approval of the 

collection–of–information requirements 


pwalker on PROD1PC71 with RULES