AD 2011-11-07

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#650a03030c060025010c04080a0b0148040c174b0411"><span class="__cf_email__" data-cfemail="0e616868676d6b4e6a676f6361606a236f677c206f7a">[email&#160;protected]</span></a>; Internet: <a href="http://www.diamond-air.at">http://www.diamond-air.at</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: 
<a href="/cdn-cgi/l/email-protection#147b72727d777154707d75797b7a7039757d663a7560"><span class="__cf_email__" data-cfemail="b6d9d0d0dfd5d3f6d2dfd7dbd9d8d29bd7dfc498d7c2">[email&#160;protected]</span></a>; Internet: <a href="http://www.diamond-air.at">http://www.diamond-air.at</a>. 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: <a href="/cdn-cgi/l/email-protection#1f707979767c7a5f7b767e7270717b327e766d317e6b"><span class="__cf_email__" data-cfemail="137c75757a707653777a727e7c7d773e727a613d7267">[email&#160;protected]</span></a>; Internet: <a href="http://www.diamond-air.at">http://www.diamond-air.at</a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    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