[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Proposed Rules]
[Pages 27768-27770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9495]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27974; Directorate Identifier 2007-CE-040-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries GmbH Model 
DA 40 and DA 40F Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    A nose landing gear leg failed in area of the nose gear leg 
pivot axle. This airplane was mostly operated on grass runways and 
training operations. This failure was based on a fatigue crack 
developed in the pivot axle. Material inspections figured out that 
this cracks may also develop on other serial No. pending the type of 
operation.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 18, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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 proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-

[[Page 27769]]

5227) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

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:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27974; Directorate Identifier 2007-CE-040-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Austro Control, which is the aviation authority for Austria, has 
issued AD No. A-2005-005, dated November 15, 2005 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A nose landing gear leg failed in area of the nose gear leg 
pivot axle. This airplane was mostly operated on grass runways and 
training operations. This failure was based on a fatigue crack 
developed in the pivot axle. Material inspections figured out that 
this cracks may also develop on other serial No. pending the type of 
operation.

    The MCAI requires repetitively inspecting the nose landing gear leg 
for cracks and replacing the nose landing gear leg if cracks are found.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service 
Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated April 25, 2007. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 476 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 proposed AD. The average labor rate is $80 per 
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $38,080, or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 8 work-hours and require parts costing $1,715, for a cost of 
$2,355 per product. We have no way of determining the number of 
products that may need these actions.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

[[Page 27770]]

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2007-27974; 
Directorate Identifier 2007-CE-040-AD.

Comments Due Date

    (a) We must receive comments by June 18, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplanes certificated in 
any category:

------------------------------------------------------------------------
             Model                             Serial Nos.
------------------------------------------------------------------------
DA 40..........................  All serial numbers beginning with
                                  40.006.
DA 40F.........................  All serial numbers beginning with
                                  40.F001.
                                 All serial numbers beginning with
                                  40.FC001.
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Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing 
Gear.

Reason

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

    ``A nose landing gear leg failed in area of the nose gear leg 
pivot axle. This airplane was mostly operated on grass runways and 
training operations. This failure was based on a fatigue crack 
developed in the pivot axle. Material inspections figured out that 
this crack may also develop on other serial No. pending the type of 
operation.''

The MCAI requires repetitively inspecting the nose landing gear leg 
for cracks and replacing the nose landing gear leg if cracks are 
found.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, inspect the nose landing gear leg for 
cracks. Repetitively inspect thereafter at intervals not to exceed 
200 hours TIS.
    (2) Before further flight after any inspection in which cracks 
are found, replace the nose landing gear leg. After replacement, 
continue with the repetitive inspection requirement specified in 
paragraph (f)(1) of this AD.
    (3) Do the actions required in paragraphs (f)(1) and (f)(2) of 
this AD following Diamond Aircraft Industries GmbH Mandatory Service 
Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated April 25, 2007, and 
the applicable maintenance manual.

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 Staff, 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 Austro Control AD No. A-2005-005, dated 
November 15, 2005; and Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated April 25, 
2007, for related information.

    Issued in Kansas City, Missouri, on May 10, 2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-9495 Filed 5-16-07; 8:45 am]
BILLING CODE 4910-13-P