Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 42 Airplanes, 31457-31459 [2011-12898]
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Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Rules and Regulations
special condition would apply to that
model as well.
ACTION:
Discussion
Final rule.
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:
SUMMARY:
Conclusion
This action affects only certain novel
or unusual design features of the GVI. It
is not a rule of general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Condition
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
condition is issued as part of the type
certification basis for the Gulfstream
GVI airplanes.
In addition to compliance with
§§ 25.143, 25.671, 25.672, and 25.1322,
the following special condition applies:
When a flight condition exists where,
without being commanded by the
flightcrew, control surfaces are coming
so close to their limits that return to the
normal flight envelope and/or
continuation of safe flight requires a
specific flightcrew member action, a
suitable flight control position
annunciation must be provided to the
flightcrew, unless other existing
indications are found adequate or
sufficient to prompt that action.
Note: The term ‘‘suitable’’ also indicates an
appropriate balance between necessary
operation and nuisance factors.
Issued in Renton, Washington, on May 20,
2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–13436 Filed 5–31–11; 8:45 am]
BILLING CODE 4910–13–P
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
Cracks have been reportedly found on DA
42 Main Landing Gear (MLG) Damper-toTrailing 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.
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.
DATES:
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 service information identified in
this AD, contact Diamond Aircraft
Industries GmbH, N.A. Otto-Stra+e 5,
A–2700 Wiener Neustadt, Austria,
telephone: +43 2622 26700; fax: +43
2622 26780; e-mail: office@diamondair.at; Internet: https://www.diamondair.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.
ADDRESSES:
jlentini on DSK4TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Airworthiness Directives; Diamond
Aircraft Industries GmbH Model DA 42
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
VerDate Mar<15>2010
17:41 May 31, 2011
Jkt 223001
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:
PO 00000
Frm 00007
Fmt 4700
31457
Sfmt 4700
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-toTrailing 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 reinstallation 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.
E:\FR\FM\01JNR1.SGM
01JNR1
31458
Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Rules and Regulations
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.
jlentini on DSK4TPTVN1PROD with RULES
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://
VerDate Mar<15>2010
18:27 May 31, 2011
Jkt 223001
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
2. The FAA amends § 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-toTrailing 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.
Frm 00008
Fmt 4700
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
[Amended]
■
PO 00000
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 reinstallation of the aluminum part.
Sfmt 4700
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 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, a federal
agency may not conduct or sponsor, and a
person is not required to respond to, nor
E:\FR\FM\01JNR1.SGM
01JNR1
Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Rules and Regulations
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.
Issued in Kansas City, Missouri, on May
18, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
Related Information
RIN 2120–AA64
(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+e 5, A–2700
Wiener Neustadt, Austria, telephone: +43
2622 26700; fax: +43 2622 26780; e-mail:
office@diamond-air.at; Internet: https://
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.
jlentini on DSK4TPTVN1PROD with RULES
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+e 5, A–2700 Wiener
Neustadt, Austria, telephone: +43 2622
26700; fax: +43 2622 26780; e-mail:
office@diamond-air.at; Internet: https://
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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
VerDate Mar<15>2010
17:41 May 31, 2011
Jkt 223001
[FR Doc. 2011–12898 Filed 5–31–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0673; Directorate
Identifier 2009–NM–208–AD; Amendment
39–16705; AD 2011–11–06]
Airworthiness Directives; BAE
SYSTEMS (OPERATIONS) LIMITED
Model BAe 146 and Avro 146–RJ
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
ACTION:
Final rule.
We are superseding an
existing airworthiness directive (AD)
that applies to 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:
SUMMARY:
In June 2000, prompted by a crack found
at the top of the Nose Landing Gear (NLG)
oleo, BAE Systems Operations) Ltd (BAE
Systems) issued Inspection Service Bulletin
(ISB) ISB.32–158. * * *
Later, as part of an accident investigation,
the examination of a fractured NLG main
fitting showed that M–D (Messier-Dowty)
SB.146–32–150 was not accomplished * * *.
BAE Systems determined that more NLG
units could be similarly affected. * * *
Subsequently, investigation and analysis
by M–D identified the need for a reduction
of the inspection threshold and the repetitive
inspection interval for the affected NLG units
* * *.
*
*
*
*
*
* * * [I]nvestigation by M–D showed that
if any undetected crack was present at the
time of the embodiment of M–D SB 146–32–
150, Part B or Part C, it could continue to
grow while the NLG is in service and could
lead to the failure of the main fitting and
possible collapse of the NLG. * * * [B]AE
Systems have received additional reports of
cracked NLG main fittings. One operator
reported a crack in a premodification main
fitting. * * *
*
PO 00000
*
*
Frm 00009
*
Fmt 4700
*
Sfmt 4700
31459
Undetected cracks could lead to failure of
the NLG Main Fitting and collapse of the
NLG.
*
*
*
*
*
The unsafe condition is cracking of
the NLG, which could adversely affect
the airplane’s safe landing. We are
issuing this AD to require actions to
correct the unsafe condition on these
products.
DATES: This AD becomes effective July
6, 2011.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 6, 2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1175; fax (425) 227–1149.
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 February 7, 2011 (76 FR
6575), and proposed to supersede AD
2002–03–10, Amendment 39–12651 (67
FR 6855, February 14, 2002). That
NPRM proposed to correct an unsafe
condition for the specified products.
The MCAI states:
In June 2000, prompted by a crack found
at the top of the Nose Landing Gear (NLG)
oleo, BAE Systems (Operations) Ltd (BAE
Systems) issued Inspection Service Bulletin
(ISB) ISB.32–158. This ISB was classified
mandatory by the United Kingdom Civil
Aviation Authority under AD number 002–
06–2000, requiring repetitive NonDestructive Testing (NDT) crack inspections
on the upper end of the NLG oleo. The AD
also provided an optional terminating action
for the repetitive inspections, by embodiment
of Messier-Dowty (M–D) Service Bulletin
(SB) SB.146–32–150.
Later, as part of an accident investigation,
the examination of a fractured NLG main
fitting showed that M–D SB.146–32–150 was
not accomplished, although the records
indicated that it had been. BAE Systems
determined that more NLG units could be
similarly affected. These NLG units were
overhauled at Messier Services in Sterling,
Virginia, in the United States. To address this
situation, [European Aviation Safety Agency]
E:\FR\FM\01JNR1.SGM
01JNR1
Agencies
[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Rules and Regulations]
[Pages 31457-31459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12898]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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 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: office@diamond-air.at; Internet: https://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 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
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:
office@diamond-air.at; Internet: https://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: office@diamond-air.at; Internet: https://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: https://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