[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Rules and Regulations]
[Pages 31457-31459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12898]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0231; Directorate Identifier 2011-CE-003-AD;
Amendment 39-16706; AD 2011-11-07]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries GmbH Model
DA 42 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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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:
Cracks have been reportedly found on DA 42 Main Landing Gear
(MLG) Damper-to-Trailing Arm joints during standard maintenance.
Depending on environmental-, operating- and runway conditions, the
affected MLG joint, Part Number (P/N) D60-3217-23-5x (4 different
lengths are available), which is made of aluminum, is susceptible to
cracking.
This condition, if not detected and corrected, may lead to
failure of the joint and subsequent damage or malfunction of the
MLG, possibly resulting in damage to the aeroplane during landing
and injury to occupants.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective July 6, 2011.
On July 6, 2011, 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 service information identified in this AD, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener
Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780; e-
mail: [email protected]; Internet: http://www.diamond-air.at. You
may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; 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 March 16, 2011 (76
FR 14346). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
Cracks have been reportedly found on DA 42 Main Landing Gear
(MLG) Damper-to-Trailing Arm joints during standard maintenance.
Depending on environmental-, operating- and runway conditions, the
affected MLG joint, Part Number (P/N) D60-3217-23-5x (4 different
lengths are available), which is made of aluminum, is susceptible to
cracking.
This condition, if not detected and corrected, may lead to
failure of the joint and subsequent damage or malfunction of the
MLG, possibly resulting in damage to the aeroplane during landing
and injury to occupants.
To address this unsafe condition, EASA issued AD 2010-0155 to
require repetitive inspections of the MLG joint and, depending on
findings, replacement with a serviceable part. Since that AD was
issued, DAI developed an improved design MLG joint, P/N D64-3217-23-
0x (also 4 different lengths available), which is made of steel and
less susceptible to cracking.
For the reasons described above, this new AD retains the
requirements of EASA AD 2010-0155R1, which is superseded, and adds
the terminating action requirement to modify the aeroplane by
installing the improved steel part. This new AD also prohibits re-
installation of the aluminum part.
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.
[[Page 31458]]
Any such differences are highlighted in a note within the AD.
Costs of Compliance
We estimate that this AD will affect 162 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 AD. The average labor rate
is $85 per work-hour. Required parts would cost about $729 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $131,868, or $814 per product.
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
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 adding the following new AD:
2011-11-07 Diamond Aircraft Industries GmbH: Amendment 39-16706;
Docket No. FAA-2011-0231; Directorate Identifier 2011-CE-003-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 6,
2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Diamond Aircraft Industries GmbH Model DA
42 airplanes, all serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 32: Landing
Gear.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Cracks have been reportedly found on DA 42 Main Landing Gear
(MLG) Damper-to-Trailing Arm joints during standard maintenance.
Depending on environmental-, operating- and runway conditions, the
affected MLG joint, Part Number (P/N) D60-3217-23-5x (4 different
lengths are available), which is made of aluminum, is susceptible to
cracking.
This condition, if not detected and corrected, may lead to
failure of the joint and subsequent damage or malfunction of the
MLG, possibly resulting in damage to the aeroplane during landing
and injury to occupants.
To address this unsafe condition, EASA issued AD 2010-0155 to
require repetitive inspections of the MLG joint and, depending on
findings, replacement with a serviceable part. Since that AD was
issued, DAI developed an improved design MLG joint, P/N D64-3217-23-
0x (also 4 different lengths available), which is made of steel and
less susceptible to cracking.
For the reasons described above, this new AD retains the
requirements of EASA AD 2010-0155R1, which is superseded, and adds
the terminating action requirement to modify the aeroplane by
installing the improved steel part. This new AD also prohibits re-
installation of the aluminum part.
Actions and Compliance
(f) Unless already done, do the following actions following
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB
42-088/2, dated February 3, 2011; and Work Instruction WI-MSB 42-
088, dated February 3, 2011:
(1) For airplanes installed with main landing gear (MLG) joint
P/N D60-3217-23-5x: Within 100 hours time-in-service (TIS) after the
effective date of this AD, replace each MLG joint P/N D60-3217-23-5x
with a MLG joint P/N D64-3217-23-0x.
(2) For all airplanes: As of the effective date of this AD, do
not install MLG joint P/N D60-3217-23-5x.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: EASA originally established an initial and repetitive
inspection of the MLG joint part. We are not establishing an initial
or repetitive inspection, and instead we are just requiring a
mandatory one-time replacement of the part within 100 hours TIS
after the effective date of this AD.
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: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4144; 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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor
[[Page 31459]]
shall a person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
Related Information
(h) Refer to MCAI EASA AD No.: 2011-0020, dated February 7,
2011; Diamond Aircraft Industries GmbH Mandatory Service Bulletin
No. MSB 42-088/2, dated February 3, 2011; and Work Instruction WI-
MSB 42-088, dated February 3, 2011, for related information. For
service information related to this AD, contact Diamond Aircraft
Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener Neustadt,
Austria, telephone: +43 2622 26700; fax: +43 2622 26780; e-mail:
[email protected]; Internet: http://www.diamond-air.at. You may
review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call 816-329-4148.
Material Incorporated by Reference
(i) You must use Diamond Aircraft Industries GmbH Mandatory
Service Bulletin No. MSB 42-088/2, dated February 3, 2011; and Work
Instruction WI-MSB 42-088, dated February 3, 2011, 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[szlig]e 5, A-2700
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; e-mail: [email protected]; Internet: http://www.diamond-air.at.
(3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call (816) 329-4148.
(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 May 18, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-12898 Filed 5-31-11; 8:45 am]
BILLING CODE 4910-13-P