Airworthiness Directives; Diamond Aircraft Industries Inc. (Type Certificate Previously Held by Diamond Aircraft Industries GmbH) Airplanes, 85037-85040 [2024-24758]

Download as PDF Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations rights impact is likely to result from this final rule. ddrumheller on DSK120RN23PROD with RULES1 Assistance Listing The programs affected by this regulation is listed in the Assistance Listing Catalog (formerly Catalog of Federal Domestic Assistance) under number 10.405—Farm Labor Housing Loans and Grants. The Assistance Listings are available at https://sam.gov/. Non-Discrimination Statement Policy In accordance with Federal civil rights laws and USDA civil rights regulations and policies, the USDA, its Mission Areas, agencies, staff offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language) should contact the responsible Mission Area, agency, staff office, or the 711 Federal Relay Service. To file a program discrimination complaint, a complainant should complete a Form AD–3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.usda.gov/sites/default/ files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632–9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights about the nature and date of an alleged civil rights violation. The completed AD–3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; or (2) Fax: (833) 256–1665 or (202) 690– 7442; or VerDate Sep<11>2014 15:46 Oct 24, 2024 Jkt 265001 (3) Email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Severability It is USDA’s intention that the provisions of this final rule shall operate independently of each other. In the event that this final rule or any portion of this final rule is ultimately declared invalid or stayed as to a particular provision, it is USDA’s intent that the final rule nonetheless be severable and remain valid with respect to those provisions not affected by a declaration of invalidity or stayed. USDA concludes it would separately adopt all of the provisions contained in this final rule. List of Subjects in 7 CFR Part 3560 Accounting, Administrative practice and procedure, Aged, Conflict of interest, Government property management, Grant programs—housing and community development, Insurance, Loan programs—agriculture, Loan programs—housing and community development, Low and moderate-income housing, Migrant labor, Mortgages, Nonprofit organizations, Public-housing, Rentsubsidies, Reporting and recordkeeping requirements, Rural areas. For the reasons set forth in the preamble, the Rural Housing Service is amending 7 CFR part 3560 as follows: PART 3560—DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS 1. The authority citation for part 3560 continues to read as follows: ■ Authority: 42 U.S.C. 1480. Subpart L—Off-Farm Labor Housing 2. Amend § 3560.566 by revising paragraph (c) and adding paragraph (d) to read as follows: ■ § 3560.566 terms. Loan and grant rates and * * * * * (c) Term of grant agreement. The grant agreement will remain in effect for as long as there is a need for the housing, as determined by the Agency. (d) Grant period of performance. The grant period of performance is five (5) years, which starts on the date the grant agreement is executed by both the Agency and the grantee and ends five (5) years from the date the grant agreement was executed by both the Agency and the grantee. Yvonne Hsu, Acting Administrator, Rural Housing Service. [FR Doc. 2024–24742 Filed 10–24–24; 8:45 am] BILLING CODE 3410–XV–P PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 85037 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1696; Project Identifier MCAI–2023–01234–A; Amendment 39–22850; AD 2024–19–08] RIN 2120–AA64 Airworthiness Directives; Diamond Aircraft Industries Inc. (Type Certificate Previously Held by Diamond Aircraft Industries GmbH) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2009–10– 04 for certain Diamond Aircraft Industries GmbH (type certificate now held by Diamond Aircraft Industries Inc.) Model DA 40 and DA 40 F airplanes. AD 2009–10–04 required repetitively inspecting the nose landing gear (NLG) leg for cracks and replacing the NLG leg if cracks are found. Since the FAA issued AD 2009–10–04, Transport Canada updated mandatory continuing airworthiness information (MCAI) to correct this unsafe condition on these products. This AD results from changes made to the part replacement options and the repetitive inspections. This AD requires doing repetitive detailed inspections of the NLG leg pivot axle for cracking and if cracking is found replacing that part with a serviceable part. This AD also requires eventually replacing all NLG legs having certain part numbers with serviceable parts, if not already done, and prohibits installing affected parts. Replacing affected parts with serviceable parts is terminating action for the repetitive inspections specified in this AD. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 29, 2024. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 29, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–1696; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the MCAI, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– SUMMARY: E:\FR\FM\25OCR1.SGM 25OCR1 85038 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For Diamond Aircraft Industries Inc. material identified in this AD, contact Diamond Aircraft Industries Inc., 1560 Crumlin Sideroad, London, ON, Canada, N5V 1S2; phone: (519) 457–4041; email: support-canada@ diamondaircraft.com; website: diamondaircraft.com. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov under Docket No. FAA–2024–1696. FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228– 7300; email: 9-avs-nyaco-cos@faa.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with RULES1 Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2009–10–04, Amendment 39–15899 (74 FR 22435, May 13, 2009) (AD 2009–10–04). AD 2009–10–04 applied to certain Diamond Aircraft Industries GmbH (type certificate now held by Diamond Aircraft Industries Inc.) Model DA 40 and DA 40 F airplanes. AD 2009–10–04 was prompted by MCAI originated by the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union. EASA issued AD 2009–0016, dated January 22, 2009 (EASA AD 2009–0016), to address fatigue cracking of the NLG leg part number (P/N) D41–3223–10–00 at the pivot axle. AD 2009–10–04 superseded and maintained the requirements of AD 2007–17–06, Amendment 39–15164 (72 FR 46549, August 21, 2007), which required repetitively inspecting the NLG leg for cracks and replacing the NLG leg if cracks were found. The FAA issued AD 2009–10–04 to exclude from the applicability any airplanes that had the improved NLG leg installed. Effective November 15, 2017, the design and oversight responsibilities for the Model DA 40, DA 40 F, and DA 40 D airplanes were transferred from Diamond Aircraft Industries GmbH of Austria as the design approval holder, and EASA as the civil aviation authority, to Diamond Aircraft Industries Inc. (Diamond), of Canada as the new design approval holder, and VerDate Sep<11>2014 15:46 Oct 24, 2024 Jkt 265001 Transport Canada as the civil aviation authority. After that transition, Transport Canada received several inservice reports of P/N D41–3223–10–00_ 1 cracking at the pivot axle and in some cases, fracture of the NLG leg. Investigation revealed that the failures were the result of fatigue cracking. Since the FAA issued AD 2009–10– 04, Transport Canada superseded EASA AD 2009–0016 and issued Transport Canada AD CF–2023–50, dated July 10, 2023 (Transport Canada AD CF–2023– 50), to address failure of the NLG leg at the pivot axle by requiring initial and repetitive detailed inspections of NLG leg P/N D41–3223–10–00 and P/N D41– 3223–10–00_1 to detect cracking, replacing a NLG leg, as required, with a serviceable part, and prohibiting the installation of NLG leg P/N D41–3223– 10–00 or P/N D41–3223–10–00_1 as a replacement part. Transport Canada AD CF–2023–50 differed from the Diamond material because Transport Canada AD CF– 2023–50 required a detailed inspection of the pivot axle of the NLG leg P/N D41–3223–10–00 and P/N D41–3223– 10–00_1 using a bright light and 10X magnifying glass instead of Type II visible dye for the inspection of the pivot axle. After Transport Canada AD CF–2023–50 was issued, the repetitive inspection interval was increased from 100 hours air time to 110 hours air time to align with the scheduled 100-hour inspection in chapter 5 of the DA 40 series Airplane Maintenance Manual. To require the change to Transport Canada AD CF–2023–50, Transport Canada issued AD CF–2023–50R1, dated November 29, 2023 (also referred to as the MCAI). The MCAI was published to address the time interval change of the repetitive inspection from 100-hour intervals to 110-hour intervals. The NPRM published in the Federal Register on July 5, 2024 (89 FR 55525). The NPRM was prompted by failure of a NLG in the area of the pivot axle and changes made to the part replacement options and the repetitive inspections as detailed in the MCAI. The MCAI was published to address the time interval change of the repetitive inspection from 100-hour intervals to 110-hour intervals to align with the scheduled 100-hour inspection in chapter 5 of the DA 40 series Airplane Maintenance Manual. In the NPRM, the FAA proposed to require repetitive detailed inspections of the NLG leg pivot axle for cracking and if cracking was found replacing that part with a serviceable part. In the NPRM, the FAA also proposed to require eventually replacing all NLG legs having certain part numbers with serviceable parts, if not already done, and prohibit PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 installing affected parts. Replacing affected parts with serviceable parts is terminating action for the repetitive inspections required by this AD. The FAA is issuing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2024–1696. Discussion of Final Airworthiness Directive Comments The FAA received no comments on the NPRM or on the determination of the costs. Conclusion These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. This AD is adopted as proposed in the NPRM. Material Incorporated by Reference Under 1 CFR Part 51 The FAA reviewed Diamond Mandatory Service Bulletin MSB 40– 091, Rev. 0, dated January 18, 2021, published with Diamond Aircraft Industries Work Instruction WI–MSB 40–091, Rev. 0, dated January 18, 2021 (issued as one document). This material specifies procedures for doing repetitive dye penetrant inspections of the NLG leg pivot axle for cracking and replacing the NLG for Model DA 40 airplanes. The FAA also reviewed Diamond Mandatory Service Bulletin MSB F4– 038, Rev. 0, dated January 18, 2021, published with Diamond Aircraft Industries Work Instruction WI–MSB F4–038, Rev. 0, dated January 18, 2021 (issued as one document). This material specifies procedures for doing repetitive dye penetrant detailed inspections of the NLG leg pivot axle for cracking and replacing the NLG for Model DA 40 F airplanes. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. Differences Between This AD, the MCAI, and the Material The MCAI applies to Model DA 40 D airplanes, however, this AD does not E:\FR\FM\25OCR1.SGM 25OCR1 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations because that model does not have an FAA type certificate. Although the Diamond material specifies to do dye penetrant inspections, the MCAI requires, and this AD requires, using a bright light (minimum of 100 foot-candles) and 10X magnifying glass instead of dye penetrant. 85039 Costs of Compliance The FAA estimates that this AD affects 693 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Parts cost Inspect NLG leg pivot axle ................ 1 work-hour × $85 per hour = $85 per inspection cycle. 2 work-hours × $85 per hour = $170. $50 per inspection cycle $135 per inspection cycle. Up to $93,555 per inspection cycle. $3,900 ........................... $4,070 ........................... Up to $2,820,510. Replace NLG leg ............................... The costs of the inspection and replacement of the NLG leg are based on all airplanes having an affected NLG installed. The FAA has no way of determining the number of airplanes that have the affected NLG installed, and those that do not have one installed are only affected by the installation prohibition. The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. 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. The FAA is 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. ddrumheller on DSK120RN23PROD with RULES1 Regulatory Findings The FAA has 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. VerDate Sep<11>2014 15:46 Oct 24, 2024 Jkt 265001 Cost per airplane For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive 2009–10–04, Amendment 39–15899 (74 FR 22435, May 13, 2009); and ■ b. Adding the following new airworthiness directive: ■ ■ 2024–19–08 Diamond Aircraft Industries Inc. (Type Certificate Previously Held by Diamond Aircraft Industries GmbH): Amendment 39–22850; Docket No. FAA–2024–1696; Project Identifier MCAI–2023–01234–A. (a) Effective Date This airworthiness directive (AD) is effective November 29, 2024. (b) Affected ADs This AD replaces AD 2009–10–04, Amendment 39–15899 (74 FR 22435, May 13, 2009) (AD 2009–10–04). PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Cost on U.S. operators (c) Applicability This AD applies to Diamond Aircraft Industries Inc. (type certificate previously held by Diamond Aircraft Industries GmbH) Model DA 40 and DA 40F airplanes, all serial numbers, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Code 3220, Nose/Tail Landing Gear. (e) Unsafe Condition This AD was prompted by failure of a nose landing gear (NLG) in the area of the pivot axle. The unsafe condition, if not addressed, could lead to damage to the airplane and injury to occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definitions For the purpose of this AD the definitions in paragraphs (g)(1) through (3) of this AD apply: (1) An ‘‘affected part’’ is an NLG leg having either P/N D41–3223–10–00 or P/N D41– 3223–10–00_1. (2) A ‘‘serviceable part’’ is an NLG leg that is not an affected part. NLG legs having P/ N D41–3223–10–00_2 or P/N D41–3223–10– 00_3 are considered serviceable parts. (3) The ‘‘applicable mandatory service bulletin (MSB) for your airplane’’ is: (i) For Model DA 40 airplanes: Diamond Aircraft Industries Mandatory Service Bulletin MSB 40–091, Rev. 0, dated January 18, 2021, published with Diamond Aircraft Industries Work Instruction WI–MSB 40–091, Rev. 0, dated January 18, 2021 (issued as one document). (ii) For Model DA 40 F airplanes: Diamond Aircraft Industries Mandatory Service Bulletin MSB F4–038, Rev. 0, dated January 18, 2021, published with Diamond Aircraft Industries Work Instruction WI–MSB F4– 038, Rev. 0, dated January 18, 2021 (issued as one document). (h) Required Actions For all airplanes with an affected part installed, do the applicable actions specified in paragraphs (h)(1) and (2) of this AD. (1) Within 25 hours time-in-service (TIS) or 30 days after the effective date of this AD, whichever occurs first, and thereafter at E:\FR\FM\25OCR1.SGM 25OCR1 85040 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations intervals not to exceed 110 hours TIS, perform the actions required by paragraphs (h)(1)(i) through (v) of this AD: (i) Prepare the airplane for inspection of the pivot axle of the affected part in accordance with Section III, Paragraphs 1 through 4, of the Work Instruction of the applicable MSB for your airplane. (ii) Clean the pivot axle of the affected part ensuring that any visible dye inspection residue is removed. Note 1 to paragraph (h)(1)(ii): Paragraph 5– 63, Cleaners and Applicators, of Chapter 5, Nondestructive Inspection (NDI), Section 5, Penetrant Inspection, of FAA Advisory Circular 43.13–1B, ‘‘Acceptable Methods, Techniques, and Practices—Aircraft Inspection and Repair,’’ Change 1, dated September 8, 1998, provides guidance regarding an approved cleaning method. (iii) Perform a detailed inspection of the pivot axle of the affected part using a bright light (minimum of 100 foot-candles) and 10X magnifying glass to detect cracking, paying special attention to the radius at the top of the pivot axle as shown in Figure 1 of the Work Instruction of the applicable MSB for your airplane, except where Figure 1 refers to a ‘‘dye penetrant inspection’’ this AD does not require that type of inspection. (iv) If any cracking is found during any inspection required by paragraph (h)(1)(iii) of this AD, before further flight, replace the affected part with a serviceable part, and reinstall the nose wheel fork in accordance with Section III, Paragraphs 8 through 12 of the Work Instruction of the applicable MSB for your airplane. (v) If no cracking is found during any inspection required by paragraph (h)(1)(iii) of this AD and the compliance time specified in paragraph (h)(2) of this AD has not been exceeded, the affected part can remain installed until the compliance time specified in paragraph (h)(2) of this AD is reached. Reinstall the nose wheel fork in accordance with Section III, Paragraphs 8 through 12, of the Work Instruction of the applicable MSB for your airplane. (2) Within 2,500 hours TIS or 24 months after the effective date of this AD, whichever occurs first, replace an affected part with a serviceable part. This part replacement is terminating action for the repetitive inspections required by paragraph (h)(1) of this AD. ddrumheller on DSK120RN23PROD with RULES1 (i) Parts Installation Prohibition As of the effective date of this AD, do not install an affected part on any airplane. (j) Alternative Methods of Compliance (AMOCs) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (k)(1) of this AD or email to: AMOC@faa.gov. If mailing information, also submit information by email. Before using VerDate Sep<11>2014 15:46 Oct 24, 2024 Jkt 265001 any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local Flight Standards District Office/certificate holding district office. DEPARTMENT OF TRANSPORTATION (k) Additional Information [Docket No. FAA–2024–2328; Project Identifier AD–2024–00282–Q,R; Amendment 39–22863; AD 2024–20–04] (1) For more information about this AD, contact Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228– 7300; email: 9-avs-nyaco-cos@faa.gov. (2) FAA Advisory Circular 43.13–1B, ‘‘Acceptable Methods, Techniques, and Practices—Aircraft Inspection and Repair,’’ Change 1, dated September 8, 1998, may be found at drs.faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Diamond Aircraft Industries Mandatory Service Bulletin MSB 40–091, Rev. 0, dated January 18, 2021, published with Diamond Aircraft Industries Work Instruction WI–MSB 40–091, Rev. 0, dated January 18, 2021 (issued as one document). (ii) Diamond Aircraft Industries Mandatory Service Bulletin MSB F4–038, Rev.0, dated January 18, 2021, published with Diamond Aircraft Industries Work Instruction WI–MSB F4–038, Rev. 0, dated January 18, 2021 (issued as one document). (3) For Diamond Aircraft Industries material identified in this AD, contact Diamond Aircraft Industries Inc., 1560 Crumlin Sideroad, London, ON, Canada, N5V 1S2; phone: (519) 457–4041; email: supportcanada@diamondaircraft.com; website: diamondaircraft.com. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on October 21, 2024. Steven W. Thompson, Acting Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–24758 Filed 10–24–24; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; Various Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2024–01– 11, which applied to all helicopters with certain Pacific Scientific Company rotary buckle assemblies (buckles) installed. AD 2024–01–11 required inspecting the buckle screws and, depending on the results, reidentifying the buckle, replacing the screws and reidentifying the buckle, or replacing the buckle. AD 2024–01–11 also prohibited installing certain buckles. This AD retains the requirements of AD 2024–01–11, expands the applicability, and updates the referenced material. As an option to the actions required by this AD, this AD allows removing the male side from the lap of the restraint system assembly and installing a placard stating that use of the seat is prohibited; use of that crewmember seat or passenger seat is then prohibited until the actions required by the AD are accomplished and the male side from the lap of the restraint system assembly is reinstalled. This AD was prompted by a manufacturing defect in the screws used inside the buckle. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 12, 2024. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 12, 2024. The FAA must receive comments on this AD by December 9, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. SUMMARY: E:\FR\FM\25OCR1.SGM 25OCR1

Agencies

[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Rules and Regulations]
[Pages 85037-85040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24758]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1696; Project Identifier MCAI-2023-01234-A; 
Amendment 39-22850; AD 2024-19-08]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Inc. (Type 
Certificate Previously Held by Diamond Aircraft Industries GmbH) 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2009-10-04 
for certain Diamond Aircraft Industries GmbH (type certificate now held 
by Diamond Aircraft Industries Inc.) Model DA 40 and DA 40 F airplanes. 
AD 2009-10-04 required repetitively inspecting the nose landing gear 
(NLG) leg for cracks and replacing the NLG leg if cracks are found. 
Since the FAA issued AD 2009-10-04, Transport Canada updated mandatory 
continuing airworthiness information (MCAI) to correct this unsafe 
condition on these products. This AD results from changes made to the 
part replacement options and the repetitive inspections. This AD 
requires doing repetitive detailed inspections of the NLG leg pivot 
axle for cracking and if cracking is found replacing that part with a 
serviceable part. This AD also requires eventually replacing all NLG 
legs having certain part numbers with serviceable parts, if not already 
done, and prohibits installing affected parts. Replacing affected parts 
with serviceable parts is terminating action for the repetitive 
inspections specified in this AD. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective November 29, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 29, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1696; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the MCAI, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-

[[Page 85038]]

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For Diamond Aircraft Industries Inc. material identified 
in this AD, contact Diamond Aircraft Industries Inc., 1560 Crumlin 
Sideroad, London, ON, Canada, N5V 1S2; phone: (519) 457-4041; email: 
diamondaircraft.com">support-canada@diamondaircraft.com; website: diamondaircraft.com.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110. It is also available at regulations.gov under 
Docket No. FAA-2024-1696.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 
228-7300; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2009-10-04, Amendment 39-15899 (74 FR 
22435, May 13, 2009) (AD 2009-10-04). AD 2009-10-04 applied to certain 
Diamond Aircraft Industries GmbH (type certificate now held by Diamond 
Aircraft Industries Inc.) Model DA 40 and DA 40 F airplanes. AD 2009-
10-04 was prompted by MCAI originated by the European Union Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Union. EASA issued AD 2009-0016, dated January 
22, 2009 (EASA AD 2009-0016), to address fatigue cracking of the NLG 
leg part number (P/N) D41-3223-10-00 at the pivot axle.
    AD 2009-10-04 superseded and maintained the requirements of AD 
2007-17-06, Amendment 39-15164 (72 FR 46549, August 21, 2007), which 
required repetitively inspecting the NLG leg for cracks and replacing 
the NLG leg if cracks were found. The FAA issued AD 2009-10-04 to 
exclude from the applicability any airplanes that had the improved NLG 
leg installed.
    Effective November 15, 2017, the design and oversight 
responsibilities for the Model DA 40, DA 40 F, and DA 40 D airplanes 
were transferred from Diamond Aircraft Industries GmbH of Austria as 
the design approval holder, and EASA as the civil aviation authority, 
to Diamond Aircraft Industries Inc. (Diamond), of Canada as the new 
design approval holder, and Transport Canada as the civil aviation 
authority. After that transition, Transport Canada received several in-
service reports of P/N D41-3223-10-00_1 cracking at the pivot axle and 
in some cases, fracture of the NLG leg. Investigation revealed that the 
failures were the result of fatigue cracking.
    Since the FAA issued AD 2009-10-04, Transport Canada superseded 
EASA AD 2009-0016 and issued Transport Canada AD CF-2023-50, dated July 
10, 2023 (Transport Canada AD CF-2023-50), to address failure of the 
NLG leg at the pivot axle by requiring initial and repetitive detailed 
inspections of NLG leg P/N D41-3223-10-00 and P/N D41-3223-10-00_1 to 
detect cracking, replacing a NLG leg, as required, with a serviceable 
part, and prohibiting the installation of NLG leg P/N D41-3223-10-00 or 
P/N D41-3223-10-00_1 as a replacement part.
    Transport Canada AD CF-2023-50 differed from the Diamond material 
because Transport Canada AD CF-2023-50 required a detailed inspection 
of the pivot axle of the NLG leg P/N D41-3223-10-00 and P/N D41-3223-
10-00_1 using a bright light and 10X magnifying glass instead of Type 
II visible dye for the inspection of the pivot axle. After Transport 
Canada AD CF-2023-50 was issued, the repetitive inspection interval was 
increased from 100 hours air time to 110 hours air time to align with 
the scheduled 100-hour inspection in chapter 5 of the DA 40 series 
Airplane Maintenance Manual. To require the change to Transport Canada 
AD CF-2023-50, Transport Canada issued AD CF-2023-50R1, dated November 
29, 2023 (also referred to as the MCAI). The MCAI was published to 
address the time interval change of the repetitive inspection from 100-
hour intervals to 110-hour intervals.
    The NPRM published in the Federal Register on July 5, 2024 (89 FR 
55525). The NPRM was prompted by failure of a NLG in the area of the 
pivot axle and changes made to the part replacement options and the 
repetitive inspections as detailed in the MCAI. The MCAI was published 
to address the time interval change of the repetitive inspection from 
100-hour intervals to 110-hour intervals to align with the scheduled 
100-hour inspection in chapter 5 of the DA 40 series Airplane 
Maintenance Manual.
    In the NPRM, the FAA proposed to require repetitive detailed 
inspections of the NLG leg pivot axle for cracking and if cracking was 
found replacing that part with a serviceable part. In the NPRM, the FAA 
also proposed to require eventually replacing all NLG legs having 
certain part numbers with serviceable parts, if not already done, and 
prohibit installing affected parts. Replacing affected parts with 
serviceable parts is terminating action for the repetitive inspections 
required by this AD.
    The FAA is issuing this AD to address the unsafe condition on these 
products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1696.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. This AD is adopted as proposed in the NPRM.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Diamond Mandatory Service Bulletin MSB 40-091, 
Rev. 0, dated January 18, 2021, published with Diamond Aircraft 
Industries Work Instruction WI-MSB 40-091, Rev. 0, dated January 18, 
2021 (issued as one document). This material specifies procedures for 
doing repetitive dye penetrant inspections of the NLG leg pivot axle 
for cracking and replacing the NLG for Model DA 40 airplanes.
    The FAA also reviewed Diamond Mandatory Service Bulletin MSB F4-
038, Rev. 0, dated January 18, 2021, published with Diamond Aircraft 
Industries Work Instruction WI-MSB F4-038, Rev. 0, dated January 18, 
2021 (issued as one document). This material specifies procedures for 
doing repetitive dye penetrant detailed inspections of the NLG leg 
pivot axle for cracking and replacing the NLG for Model DA 40 F 
airplanes.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Differences Between This AD, the MCAI, and the Material

    The MCAI applies to Model DA 40 D airplanes, however, this AD does 
not

[[Page 85039]]

because that model does not have an FAA type certificate.
    Although the Diamond material specifies to do dye penetrant 
inspections, the MCAI requires, and this AD requires, using a bright 
light (minimum of 100 foot-candles) and 10X magnifying glass instead of 
dye penetrant.

Costs of Compliance

    The FAA estimates that this AD affects 693 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per airplane       operators
----------------------------------------------------------------------------------------------------------------
Inspect NLG leg pivot axle......  1 work-hour x $85   $50 per inspection  $135 per            Up to $93,555 per
                                   per hour = $85      cycle.              inspection cycle.   inspection cycle.
                                   per inspection
                                   cycle.
Replace NLG leg.................  2 work-hours x $85  $3,900............  $4,070............  Up to $2,820,510.
                                   per hour = $170.
----------------------------------------------------------------------------------------------------------------

    The costs of the inspection and replacement of the NLG leg are 
based on all airplanes having an affected NLG installed. The FAA has no 
way of determining the number of airplanes that have the affected NLG 
installed, and those that do not have one installed are only affected 
by the installation prohibition.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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.
    The FAA is 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

    The FAA has 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:
0
a. Removing Airworthiness Directive 2009-10-04, Amendment 39-15899 (74 
FR 22435, May 13, 2009); and
0
b. Adding the following new airworthiness directive:

2024-19-08 Diamond Aircraft Industries Inc. (Type Certificate 
Previously Held by Diamond Aircraft Industries GmbH): Amendment 39-
22850; Docket No. FAA-2024-1696; Project Identifier MCAI-2023-01234-
A.

(a) Effective Date

    This airworthiness directive (AD) is effective November 29, 
2024.

(b) Affected ADs

    This AD replaces AD 2009-10-04, Amendment 39-15899 (74 FR 22435, 
May 13, 2009) (AD 2009-10-04).

(c) Applicability

    This AD applies to Diamond Aircraft Industries Inc. (type 
certificate previously held by Diamond Aircraft Industries GmbH) 
Model DA 40 and DA 40F airplanes, all serial numbers, certificated 
in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3220, Nose/Tail 
Landing Gear.

(e) Unsafe Condition

    This AD was prompted by failure of a nose landing gear (NLG) in 
the area of the pivot axle. The unsafe condition, if not addressed, 
could lead to damage to the airplane and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    For the purpose of this AD the definitions in paragraphs (g)(1) 
through (3) of this AD apply:
    (1) An ``affected part'' is an NLG leg having either P/N D41-
3223-10-00 or P/N D41-3223-10-00_1.
    (2) A ``serviceable part'' is an NLG leg that is not an affected 
part. NLG legs having P/N D41-3223-10-00_2 or P/N D41-3223-10-00_3 
are considered serviceable parts.
    (3) The ``applicable mandatory service bulletin (MSB) for your 
airplane'' is:
    (i) For Model DA 40 airplanes: Diamond Aircraft Industries 
Mandatory Service Bulletin MSB 40-091, Rev. 0, dated January 18, 
2021, published with Diamond Aircraft Industries Work Instruction 
WI-MSB 40-091, Rev. 0, dated January 18, 2021 (issued as one 
document).
    (ii) For Model DA 40 F airplanes: Diamond Aircraft Industries 
Mandatory Service Bulletin MSB F4-038, Rev. 0, dated January 18, 
2021, published with Diamond Aircraft Industries Work Instruction 
WI-MSB F4-038, Rev. 0, dated January 18, 2021 (issued as one 
document).

(h) Required Actions

    For all airplanes with an affected part installed, do the 
applicable actions specified in paragraphs (h)(1) and (2) of this 
AD.
    (1) Within 25 hours time-in-service (TIS) or 30 days after the 
effective date of this AD, whichever occurs first, and thereafter at

[[Page 85040]]

intervals not to exceed 110 hours TIS, perform the actions required 
by paragraphs (h)(1)(i) through (v) of this AD:
    (i) Prepare the airplane for inspection of the pivot axle of the 
affected part in accordance with Section III, Paragraphs 1 through 
4, of the Work Instruction of the applicable MSB for your airplane.
    (ii) Clean the pivot axle of the affected part ensuring that any 
visible dye inspection residue is removed.
    Note 1 to paragraph (h)(1)(ii): Paragraph 5-63, Cleaners and 
Applicators, of Chapter 5, Nondestructive Inspection (NDI), Section 
5, Penetrant Inspection, of FAA Advisory Circular 43.13-1B, 
``Acceptable Methods, Techniques, and Practices--Aircraft Inspection 
and Repair,'' Change 1, dated September 8, 1998, provides guidance 
regarding an approved cleaning method.
    (iii) Perform a detailed inspection of the pivot axle of the 
affected part using a bright light (minimum of 100 foot-candles) and 
10X magnifying glass to detect cracking, paying special attention to 
the radius at the top of the pivot axle as shown in Figure 1 of the 
Work Instruction of the applicable MSB for your airplane, except 
where Figure 1 refers to a ``dye penetrant inspection'' this AD does 
not require that type of inspection.
    (iv) If any cracking is found during any inspection required by 
paragraph (h)(1)(iii) of this AD, before further flight, replace the 
affected part with a serviceable part, and reinstall the nose wheel 
fork in accordance with Section III, Paragraphs 8 through 12 of the 
Work Instruction of the applicable MSB for your airplane.
    (v) If no cracking is found during any inspection required by 
paragraph (h)(1)(iii) of this AD and the compliance time specified 
in paragraph (h)(2) of this AD has not been exceeded, the affected 
part can remain installed until the compliance time specified in 
paragraph (h)(2) of this AD is reached. Reinstall the nose wheel 
fork in accordance with Section III, Paragraphs 8 through 12, of the 
Work Instruction of the applicable MSB for your airplane.
    (2) Within 2,500 hours TIS or 24 months after the effective date 
of this AD, whichever occurs first, replace an affected part with a 
serviceable part. This part replacement is terminating action for 
the repetitive inspections required by paragraph (h)(1) of this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, do not install an affected 
part on any airplane.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (k)(1) of this AD or email 
to: [email protected]. If mailing information, also submit information by 
email. Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local Flight Standards District Office/certificate holding 
district office.

(k) Additional Information

    (1) For more information about this AD, contact Gabriel Kim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (516) 228-7300; email: [email protected].
    (2) FAA Advisory Circular 43.13-1B, ``Acceptable Methods, 
Techniques, and Practices--Aircraft Inspection and Repair,'' Change 
1, dated September 8, 1998, may be found at drs.faa.gov.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Diamond Aircraft Industries Mandatory Service Bulletin MSB 
40-091, Rev. 0, dated January 18, 2021, published with Diamond 
Aircraft Industries Work Instruction WI-MSB 40-091, Rev. 0, dated 
January 18, 2021 (issued as one document).
    (ii) Diamond Aircraft Industries Mandatory Service Bulletin MSB 
F4-038, Rev.0, dated January 18, 2021, published with Diamond 
Aircraft Industries Work Instruction WI-MSB F4-038, Rev. 0, dated 
January 18, 2021 (issued as one document).
    (3) For Diamond Aircraft Industries material identified in this 
AD, contact Diamond Aircraft Industries Inc., 1560 Crumlin Sideroad, 
London, ON, Canada, N5V 1S2; phone: (519) 457-4041; email: diamondaircraft.com">support-canada@diamondaircraft.com; website: diamondaircraft.com.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 21, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-24758 Filed 10-24-24; 8:45 am]
BILLING CODE 4910-13-P
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