22432 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

Action Compliance Procedures 

(2) Option 2: Install a rudder stop modification 

kit: 

(i) For airplanes with a forged bulkhead: 

(A) Replace the rudder stops, rudder 

stop bumpers, and attachment 

hardware with the new rudder stop 

modification kit P/N SK152–25A; 

and 

Within the next 100 hours TIS June 17, 2009 

(the effective date of this AD), or within the 

next 12 months after June 17, 2009 (the effective date of this AD), whichever occurs 

first.

Follow Cessna Aircraft Company Service Bulletin SEB01–1, dated January 22, 2001; 

and, as applicable, either Cessna Aircraft 

Company Service Kit SK152–25A, Revision 

A, dated February 9, 2001, or Cessna Aircraft Company Service Kit SK152–24A, Revision A, dated March 9, 2001. 

(B) Replace safety wire with jamnuts 

(ii) For airplanes with a sheet metal bulkhead: 

(A) Replace the rudder stops, rudder 

stop bumpers, and attachment 

hardware with the new rudder stop 

modification kit P/N SK152–24A; 

and 

(B) Replace safety wire with jamnuts 

(f) Kit P/Ns SK152–24 and SK152–25, 

which are listed in SEB01–1, were 

superseded by kit P/Ns SK152–24A and 

SK152–25A. Cessna has not revised the 

service bulletin to reflect the new P/Ns. The 

kit P/Ns SK 152–24 and SK152–25 would 

automatically be filled with P/Ns SK152–24A 

and SK152–25A, respectively. 

(1) The P/N SK 152–24 kit does not address 

the unsafe condition because the nutplate in 

the kit can not be used due to rivet spacing 

on the aft bulkhead. In addition, a note was 

added to kit P/N SK152–24A stating ‘‘some 

airplanes in this serial range may have a 

forged bulkhead installed after leaving the 

factory. Service Kit SK152–25A or later 

revision must be used to modify these 

airplanes.’’ The kit P/N SK152–25 does not 

address the unsafe condition because there 

was an error in a washer P/N. This error was 

corrected in the kit P/N SK152–25A kit. 

Therefore, kit P/Ns SK152–24 and SK152–25 

are not allowed for installation for this AD. 

(2) If you previously had a kit P/N SK152– 

24 or SK152–25 installed and you choose to 

use the kit installation option, the kit P/N 

SK152–24A or SK152–25A, as applicable, 

must be installed. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, FAA, ATTN: Ann 

Johnson, Aerospace Engineer, FAA, Wichita 

Aircraft Certification Office, 1801 Airport 

Road, Room 100, Wichita, Kansas 67209; 

telephone: (316) 946–4105; fax: (316) 946– 

4107, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. 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. 

Material Incorporated by Reference 

(h) If you choose to comply with this AD 

using paragraph (e)(2) of this AD, you must 

use Cessna Aircraft Company Service 

Bulletin SEB01–1, dated January 22, 2001; 

and, as applicable, either Cessna Aircraft 

Company Service Kit SK152–25A, Revision 

A, dated February 9, 2001; or Cessna Aircraft 

Company Service Kit SK152–24A, Revision 

A, dated March 9, 2001, 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 Cessna Aircraft Company, 

Product Support, P.O. Box 7706, Wichita, KS 

67277; telephone: (316) 517–5800; fax: (316) 

517–7271; Internet: http://www.cessna.com. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Kansas City, Missouri 

64106; or 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 5, 

2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–11029 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0428; Directorate 

Identifier 2009–NM–053–AD; Amendment 

39–15900; AD 2009–10–05] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 and 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 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: 

A number of Flap Actuators with P/N [part 

number] 601R93101–21 and 601R93101–25 

were identified as having pinion gears that 

did not have acceptable certificates of 

conformance from the supplier. This 

condition could result in flap failure. * * * 

Endurance testing conducted at Eaton 

Aerospace with representative 

discrepant gears predicted a 3,000 flight 

cycle life limit for the affected actuators. 

Fleet leaders with suspect installed 

actuators are rapidly approaching this 

threshold. Failure of the flap actuator 

pinion gear set could cause the right or 

left inboard panel to disconnect, which 

could result in flap asymmetry and 

Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22433 

consequent reduced controllability of 

the airplane. This AD requires actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

28, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 28, 2009. 

We must receive comments on this 

AD by June 12, 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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, 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 Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations 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: 

Christopher Alfano, Aerospace 

Engineer, Airframe and Mechanical 

Systems Branch, ANE–171, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7340; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2009–13, 

dated March 26, 2009, (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

A number of Flap Actuators with [part 

number] P/N 601R93101–21 and 601R93101– 

25 were identified as having pinion gears that 

did not have acceptable certificates of 

conformance from the supplier. This 

condition could result in flap failure. To 

correct this, operators are required to replace 

the Inboard Flap Actuators that are nonconforming. 

Endurance testing conducted at Eaton 

Aerospace with representative 

discrepant gears predicted a 3,000 flight 

cycle life limit for the affected actuators. 

Fleet leaders with suspect installed 

actuators are rapidly approaching this 

threshold. Failure of the flap actuator 

pinion gear set could cause the right or 

left inboard panel to disconnect, which 

could result in flap asymmetry and 

consequent reduced controllability of 

the airplane. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Bombardier has issued Section 27– 

53–01 of the Bombardier (Canadair) 

Regional Jet Aircraft Maintenance 

Manual, CSP A–001, Revision 40, dated 

September 10, 2008, which provides 

relevant instructions for removing and 

replacing the subject actuators. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This 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 the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between the 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. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because this condition could result 

in flap failure. Failure of the flap 

actuator pinion gear set could cause the 

right or left inboard panel to disconnect, 

which could result in flap asymmetry 

and consequent reduced controllability 

of the airplane. Therefore, we 

determined that notice and opportunity 

for public comment before issuing this 

AD are impracticable and that good 

cause exists for making this amendment 

effective in fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–* * *; 

Directorate Identifier 2009–NM–053– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this 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 AD. 

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 

22434 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

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 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 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. 

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: 

2009–10–05 Bombardier, Inc. (Formerly 

Canadair): Amendment 39–15900. 

Docket No. FAA–2009–0428; Directorate 

Identifier 2009–NM–053–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Bombardier 

Model CL–600–2B19 (Regional Jet series 100 

and 440) airplanes, certificated in any 

category, with serial numbers (S/Ns) 7003 

and later, equipped with inboard flap 

actuators part number (P/N) 601R93101–21 

(Eaton P/N 852D100–21) or P/N 601R93101– 

25 (Eaton P/N 852D100–25). 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

‘‘A number of Flap Actuators with P/N 

[part number] 601R93101–21 and 

601R93101–25 were identified as having 

pinion gears that did not have acceptable 

certificates of conformance from the supplier. 

This condition could result in flap failure. To 

correct this, operators are required to replace 

the Inboard Flap Actuators that are nonconforming.’’ 

Endurance testing conducted at Eaton 

Aerospace with representative discrepant 

gears predicted a 3,000 flight cycle life limit 

for the affected actuators. Fleet leaders with 

suspect installed actuators are rapidly 

approaching this threshold. Failure of the 

flap actuator pinion gear set could cause the 

right or left inboard panel to disconnect, 

which could result in flap asymmetry and 

consequent reduced controllability of the 

airplane. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 100 flight cycles after the 

effective date of this AD: Inspect the serial 

number of each of the flap actuators having 

P/N 601R93101–21 and P/N 601R93101–25 

installed on the airplane. If the serial number 

of the inspected actuator is listed in 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD, 

before further flight, replace the flap actuator 

with an actuator that has a serial number not 

listed in paragraph (f)(1)(i), (f)(1)(ii), or (f)(2) 

of this AD, in accordance with Section 27– 

53–01 of Bombardier (Canadair) Regional Jet 

Aircraft Maintenance Manual (AMM), CSP 

A–001, Revision 40, dated September 10, 

2008. If any of the serial numbers found have 

a suffix ‘‘A,’’ replacement is not required. A 

review of airplane maintenance records is 

acceptable in lieu of this inspection if the 

part number of the flap actuator can be 

conclusively determined from that review. 

(i) For P/N 601R93101–21: Serial numbers 

7772, 7773, 7774, 7775, 7776, 7778, 7779, 

7780, 7781, 7782, 7784, 7786, 7787, 7788, 

7790, 7791, 7793, 7797, 7798, 7799, 7801, 

7802, 7803, 7804, 7805, 7806, 7807, 7808, 

7810, 7813, 7815, 7816, 7817, 7818, 7819, 

7820, 7821, 7825, 7826, 7827, 7828, and 

7829. 

(ii) For P/N 601R93101–25: Serial numbers 

7783 and 7796. 

Note 1: Replacing an existing flap actuator 

P/N 601R93101–21 with a P/N 601R93101– 

25 that does not have a serial number listed 

in paragraph (f)(2) of this AD also satisfies 

the requirements of paragraph (f)(1) of this 

AD. 

(2) Within 500 flight cycles after the 

effective date of this AD: Inspect the serial 

number of each of the flap actuators P/N 

601R93101–25 installed on the airplane. If 

the serial number is 3278, 3401, 3512, 3526, 

3597, 3599, 3606, 3738, 3806, 3861, 4066, 

4284, 4315, 4401, 4499, 4538, 4582, 4658, 

4979, 5007, 5094, 6422, 6969, or 7867, before 

further flight, replace the flap actuator having 

P/N 601R93101–25 with a flap actuator 

having a serial number not identified in this 

paragraph or paragraph (f)(1) of this AD. Do 

the replacement in accordance with Section 

27–53–01 of Bombardier (Canadair) Regional 

Jet AMM, CSP A–001, Revision 40, dated 

September 10, 2008. If any of the serial 

numbers found have a suffix ‘‘B,’’ 

replacement is not required. A review of 

airplane maintenance records is acceptable in 

lieu of this inspection if the part number of 

the flap actuator can be conclusively 

determined from that review. 

(3) As of the effective date of this AD, 

replacement of a flap actuator having P/N 

601R93101–21 or 601R93101–25 with a serial 

number identified in paragraph (f)(1)(i), 

(f)(1)(ii), or (f)(2) of this AD is not allowed 

on any airplane unless the serial number of 

the actuator listed in paragraph (f)(1)(i) and 

(f)(1)(ii) of this AD is identified with suffix 

‘‘A,’’ and the serial number of the actuator 

listed in paragraph (f)(2) is identified with 

suffix ‘‘B.’’ 

Note 2: Serial number suffix ‘‘A’’ or ‘‘B’’ 

indicates that a conforming gear set has been 

installed. 

FAA AD Differences 

Note 3: 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, New York Aircraft 

Certification 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: Christopher 

Alfano, Aerospace Engineer, Airframe and 

Mechanical Systems Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, New 

York 11590; telephone (516) 228–7340; fax 

(516) 794–5531. Before using any approved 

AMOC on any airplane to which the AMOC 

applies, notify your principal maintenance 

inspector (PMI) or principal avionics 

inspector (PAI), as appropriate, or lacking a 

principal inspector, your local Flight 

Standards District Office. The AMOC 

approval letter must specifically reference 

this AD. 

(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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22435 

Related Information 

(h) Refer to TCCA Canadian Airworthiness 

Directive CF–2009–13, dated March 26, 2009; 

and Bombardier (Canadair) Regional Jet 

AMM, CSP A–001, Revision 40, dated 

September 10, 2008; for related information. 

Material Incorporated by Reference 

(i) You must use Section 27–53–01 of 

Bombardier (Canadair) Regional Jet AMM, 

CSP A–001, Revision 40, dated September 

10, 2008, as applicable, unless the AD 

specifies otherwise. Bombardier (Canadair) 

Regional Jet AMM, CSP A–001, Revision 40, 

dated September 10, 2008, contains the 

following effective pages: 

LIST OF EFFECTIVE PAGES

Page title/ 

description Page number(s) Revision number Date shown on page(s) 

AMM Title Page .................................... None shown ......................................... 40 ......................................................... September 10, 2008. 

Organization of Manual ........................ 1–3 ....................................................... None shown* ....................................... September 10, 2008. 

Record of Revisions ............................. 1 ........................................................... 40 ......................................................... September 10, 2008. 

Chapter 27 List of Effective Pages ...... 1–30 ..................................................... None shown* ....................................... September 10, 2008. 

Section 27–53–01 ................................. 401, 410–416 ....................................... None shown* ....................................... September 10, 2008. 

402–409 ............................................... None shown* ....................................... April 20, 2004. 

(* The revision level of this document is specified only on the title page and Record of Revisions page.) 

(1) For service information identified 

in this AD, contact Bombardier, Inc., 

400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email thd.crj@aero.bombardier.com; 

Internet http://www.bombardier.com. 

(2) You may review copies of the 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221 or 425–227–1152. 

(3) You may also review copies of the 

service information that is incorporated 

by reference 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 Renton, Washington, on April 30, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–11025 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0240; Directorate 

Identifier 2009–CE–015–AD; Amendment 

39–15899; AD 2009–10–04] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Model DA 40 

and DA 40 F 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 to supersede an 

existing AD. 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 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. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

17, 2009. 

On June 17, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of Diamond 

Aircraft Industries GmbH Mandatory 

Service Bulletin No. MSB40–046/3, No. 

MSBD4–046/3, dated November 17, 

2008, listed in this AD. 

As of September 25, 2007 (72 FR 

46549, August 21, 2007), the Director of 

the Federal Register approved the 

incorporation by reference of Diamond 

Aircraft Industries GmbH Mandatory 

Service Bulletin No. MSB40–046/1, No. 

MSBD4–046/1, dated April 25, 2007, 

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; e-mail: 

sarjapur.nagarajan@faa.gov. 

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 18, 2009 (74 FR 

11505), and proposed to supersede AD