[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22435-22437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10652]


-----------------------------------------------------------------------

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

[[Page 22436]]

2007-17-06, Amendment 39-15164 (72 FR 46549, August 21, 2007). That 
NPRM proposed 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.

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

    We estimate that this AD will affect 678 products of U.S. registry. 
We also estimate that it will take about 1 work-hour 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 $54,240 or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
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 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15164 (72 FR 
46549, August 21, 2007), and adding the following new AD:

2009-10-04 Diamond Aircraft Industries GmbH: Amendment 39-15899; 
Docket No. FAA-2009-0240; Directorate Identifier 2009-CE-015-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 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 Nos. (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.

[[Page 22437]]

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 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 a 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 June 17, 2009 (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 June 17, 2009 (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.

Material Incorporated by Reference

    (i) You must use 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, 
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 Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin No. MSB40-046/3, No. MSBD4-046/3, dated 
November 17, 2008, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On September 25, 2007 (72 FR 46549, August 21, 2007), the 
Director of the Federal Register previously 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.
    (3) For service information identified in this AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Strabe 5, A-2700 Wiener 
Neustadt; fax: 43-2622-26620; or e-mail: support@diamond-air.at.
    (4) 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.
    (5) 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 May 1, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-10652 Filed 5-12-09; 8:45 am]
BILLING CODE 4910-13-P