Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 42 Airplanes, 47041-47043 [E8-18205]

Download as PDF Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations telephone: (816) 329–4059; 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.: 2008–0083, dated May 5, 2008; and Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 53–002, Revision No. 2, dated September 24, 2007, for related information. Material Incorporated by Reference hsrobinson on PROD1PC76 with RULES (i) You must use Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 53–002, Revision No. 2, dated September 24, 2007, 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 Pilatus Aircraft Ltd., Customer Liaison Manager, CH–6371 STANS, Switzerland; telephone: +41 41 619 65 80; fax: +41 41 619 65 76; e-mail: fodermatt@pilatus-aircraft.com. (3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, 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: https://www.archives.gov/federal-register/ cfr/ibr-locations.html. Issued in Kansas City, Missouri, on August 1, 2008. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–18236 Filed 8–12–08; 8:45 am] BILLING CODE 4910–13–P VerDate Aug<31>2005 15:55 Aug 12, 2008 Jkt 214001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0685 Directorate Identifier 2008–CE–037–AD; Amendment 39–15638; AD 2008–16–20] RIN 2120–AA64 Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 42 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: 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: The original designed bellcrank for the aileron control system in the wing needed to be installed with slightly bent rod ends during production of the aircraft to avoid friction and possible chafing. In addition to being a nonpreferable production practice, this creates the risk of replacement parts being installed during subsequent in-service maintenance without being bent or not being bent correctly. This condition, if not detected and corrected, could lead to chafing damage of the aileron control system and consequent loss of control of the aircraft. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective September 17, 2008. On September 17, 2008, 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 https:// 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: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 47041 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 June 23, 2008 (73 FR 35361). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: The original designed bellcrank for the aileron control system in the wing needed to be installed with slightly bent rod ends during production of the aircraft to avoid friction and possible chafing. In addition to being a nonpreferable production practice, this creates the risk of replacement parts being installed during subsequent in-service maintenance without being bent or not being bent correctly. This condition, if not detected and corrected, could lead to chafing damage of the aileron control system and consequent loss of control of the aircraft. 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 156 products of U.S. registry. We also estimate that it will take about 3 workhours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $0 per product (warranty credit given by manufacturer) per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no E:\FR\FM\13AUR1.SGM 13AUR1 47042 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the AD on U.S. operators to be $0, or $0 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. hsrobinson on PROD1PC76 with RULES 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 https:// 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 VerDate Aug<31>2005 15:55 Aug 12, 2008 Jkt 214001 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. improved part and the replacement of any bent rod ends P/N DAI–9027–00–01. In addition, this AD prohibits the reinstallation of P/N DA4–2717–50–00 aileron bellcranks and bent rod ends P/N DAI–9027–00–01 as replacement in the future. List of Subjects in 14 CFR Part 39 Actions and Compliance (f) Unless already done, do the following actions: (1) Within the next 200 hours time-inservice (TIS) after September 17, 2008 (the effective date of this AD), replace the aileron bellcrank, P/N DA4–2717–50–00, with the improved design aileron bellcrank, P/N DA4– 2717–50–00–01, and replace any bent rod ends, P/N DAI–9027–00–01, with straight rod ends, following Mandatory Service Bulletin No. MSB–42–043/1, dated April 3, 2008; Diamond Aircraft Industries GmbH Work Instruction WI–MSB–42–043, dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing Number D60–2717–00–00, dated January 24, 2008. (2) As of September 17, 2008 (the effective date of this AD), do not install any aileron bellcrank, P/N DA4–2717–50–00, or bent rod ends, P/N DAI–9027–00–01. 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: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: I 2008–16–20 Diamond Aircraft Industries GmbH: Amendment 39–15638; Docket No. FAA–2008–0685; Directorate Identifier 2008–CE–037–AD. Effective Date (a) This airworthiness directive (AD) becomes effective September 17, 2008. Affected ADs (b) None. Applicability (c) This AD applies to Model DA 42 airplanes, all serial numbers, with aileron bellcranks part number (P/N) DA4–2717–50– 00 installed, certificated in any category. Subject (d) Air Transport Association of America (ATA) Code 27: Flight Controls. Reason (e) The mandatory continuing airworthiness information (MCAI) states: The original designed bellcrank for the aileron control system in the wing needed to be installed with slightly bent rod ends during production of the aircraft to avoid friction and possible chafing. In addition to being a nonpreferable production practice, this creates the risk of replacement parts being installed during subsequent in-service maintenance without being bent or not being bent correctly. This condition, if not detected and corrected, could lead to chafing damage of the aileron control system and consequent loss of control of the aircraft. Diamond Aircraft Industries GmbH has now developed a new aileron bellcrank that allows for additional angular movement of the push rod, thereby eliminating the chafing risk without using bent rod ends. For the reasons described above, this EASA Airworthiness Directive (AD) requires the replacement of the aileron bellcrank with an PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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. 2008–0086, dated May 13, 2008; Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB–42–043/1, dated April 3, 2008; E:\FR\FM\13AUR1.SGM 13AUR1 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations Diamond Aircraft Industries GmbH Work Instruction WI–MSB–42–043, dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing Number D60–2717–00–00, dated January 24, 2008, for related information. Material Incorporated by Reference (i) You must use Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB–42–043/1, dated April 3, 2008; Diamond Aircraft Industries GmbH Work Instruction WI–MSB–42–043, dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing Number D60–2717–00–00, dated January 24, 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. (3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, 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: https://www.archives.gov/federal-register/ cfr/ibr-locations.html. Issued in Kansas City, Missouri, on August 1, 2008. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–18205 Filed 8–12–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0497; Directorate Identifier 2007–NM–096–AD; Amendment 39–15629; AD 2008–16–11] RIN 2120–AA64 Airworthiness Directives; McDonnell Douglas Model DC–8–61, DC–8–61F, DC–8–63, DC–8–63F, DC–8–71F, and DC–8–73F Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model DC–8–61, DC–8–61F, DC–8–63, DC–8–63F, DC–8– 71F, and DC–8–73F airplanes. For certain airplanes, this AD requires nondestructive testing (NDT) to detect hsrobinson on PROD1PC76 with RULES SUMMARY: VerDate Aug<31>2005 15:55 Aug 12, 2008 Jkt 214001 cracks of the door jamb corners of the forward and aft service doors, and doing applicable related investigative and corrective actions. For certain other airplanes, this AD requires inspecting and repairing if necessary or replacing previously repaired door jamb corners with an applicable repair. This AD results from reports of numerous cases of cracks in the skin at the door jamb corners of the forward and aft service doors. We are issuing this AD to detect and correct fatigue cracking of door jamb corners of the forward and aft service doors, which could adversely affect the structural integrity of the airplane. DATES: This AD is effective September 17, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 17, 2008. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A (D800–0024) Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800–647–5527) is the 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: Jon Mowery, Aerospace Engineer, Airframe Branch, ANM–120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712–4137; telephone (562) 627–5322; fax (562) 627–5210. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain McDonnell Douglas Model DC– 8–61, DC–8–61F, DC–8–63, DC–8–63F, DC–8–71F, and DC–8–73F airplanes. That NPRM was published in the Federal Register on May 6, 2008 (73 FR 24887). For certain airplanes, that PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 47043 NPRM proposed to require nondestructive testing (NDT) to detect cracks of the door jamb corners of the forward and aft service doors, and doing applicable related investigative and corrective actions. For certain other airplanes, that NPRM proposed to require inspecting and repairing if necessary or replacing previously repaired door jamb corners with an applicable repair. 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 relevant data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 299 airplanes of the affected design in the worldwide fleet. This AD affects about 55 airplanes of U.S. registry. The testing takes about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $4,400, or $80 per airplane, per testing cycle. 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 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 E:\FR\FM\13AUR1.SGM 13AUR1

Agencies

[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Rules and Regulations]
[Pages 47041-47043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18205]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0685 Directorate Identifier 2008-CE-037-AD; 
Amendment 39-15638; AD 2008-16-20]
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.

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

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:

    The original designed bellcrank for the aileron control system 
in the wing needed to be installed with slightly bent rod ends 
during production of the aircraft to avoid friction and possible 
chafing. In addition to being a nonpreferable production practice, 
this creates the risk of replacement parts being installed during 
subsequent in-service maintenance without being bent or not being 
bent correctly. This condition, if not detected and corrected, could 
lead to chafing damage of the aileron control system and consequent 
loss of control of the aircraft.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 17, 2008.
    On September 17, 2008, 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 https://
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 June 23, 2008 (73 FR 
35361). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The original designed bellcrank for the aileron control system 
in the wing needed to be installed with slightly bent rod ends 
during production of the aircraft to avoid friction and possible 
chafing. In addition to being a nonpreferable production practice, 
this creates the risk of replacement parts being installed during 
subsequent in-service maintenance without being bent or not being 
bent correctly. This condition, if not detected and corrected, could 
lead to chafing damage of the aileron control system and consequent 
loss of control of the aircraft.

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 156 products of U.S. registry. We also estimate that it will 
take about 3 work-hours per product to comply with basic requirements 
of this AD. The average labor rate is $80 per work-hour. Required parts 
will cost about $0 per product (warranty credit given by manufacturer) 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no

[[Page 47042]]

charge for these costs. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $0, or $0 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 https://
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 adding the following new AD:

2008-16-20 Diamond Aircraft Industries GmbH: Amendment 39-15638; 
Docket No. FAA-2008-0685; Directorate Identifier 2008-CE-037-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model DA 42 airplanes, all serial 
numbers, with aileron bellcranks part number (P/N) DA4-2717-50-00 
installed, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    The original designed bellcrank for the aileron control system 
in the wing needed to be installed with slightly bent rod ends 
during production of the aircraft to avoid friction and possible 
chafing. In addition to being a nonpreferable production practice, 
this creates the risk of replacement parts being installed during 
subsequent in-service maintenance without being bent or not being 
bent correctly. This condition, if not detected and corrected, could 
lead to chafing damage of the aileron control system and consequent 
loss of control of the aircraft. Diamond Aircraft Industries GmbH 
has now developed a new aileron bellcrank that allows for additional 
angular movement of the push rod, thereby eliminating the chafing 
risk without using bent rod ends.
    For the reasons described above, this EASA Airworthiness 
Directive (AD) requires the replacement of the aileron bellcrank 
with an improved part and the replacement of any bent rod ends P/N 
DAI-9027-00-01. In addition, this AD prohibits the reinstallation of 
P/N DA4-2717-50-00 aileron bellcranks and bent rod ends P/N DAI-
9027-00-01 as replacement in the future.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 200 hours time-in-service (TIS) after 
September 17, 2008 (the effective date of this AD), replace the 
aileron bellcrank, P/N DA4-2717-50-00, with the improved design 
aileron bellcrank, P/N DA4-2717-50-00-01, and replace any bent rod 
ends, P/N DAI-9027-00-01, with straight rod ends, following 
Mandatory Service Bulletin No. MSB-42-043/1, dated April 3, 2008; 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-043, 
dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing 
Number D60-2717-00-00, dated January 24, 2008.
    (2) As of September 17, 2008 (the effective date of this AD), do 
not install any aileron bellcrank, P/N DA4-2717-50-00, or bent rod 
ends, P/N DAI-9027-00-01.

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. 
2008-0086, dated May 13, 2008; Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin No. MSB-42-043/1, dated April 3, 2008;

[[Page 47043]]

Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-043, 
dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing 
Number D60-2717-00-00, dated January 24, 2008, for related 
information.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB-42-043/1, dated April 3, 2008; Diamond 
Aircraft Industries GmbH Work Instruction WI-MSB-42-043, dated 
February 4, 2008; and Diamond Aircraft Industries GmbH Drawing 
Number D60-2717-00-00, dated January 24, 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[szlig]e 5, A-2700 
Wiener Neustadt; telephone: +43 2622 26700; fax: +43 2622 26780; e-
mail: office@diamond-air.at.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, 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: https://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 1, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-18205 Filed 8-12-08; 8:45 am]
BILLING CODE 4910-13-P
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