[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Rules and Regulations]
[Pages 46549-46551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16098]


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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; 
Amendment 39-15164; AD 2007-17-06]
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: Final Rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    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.

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

DATES: This AD becomes effective September 25, 2007.
    On September 25, 2007, 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 http://dms.dot.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 17, 2007 (72 FR 
27768). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Comment Issue No. 1: Change the Compliance Time for the Initial and 
Repetitive Inspections

    Colin Summers, Dan Montgomery, Michael A. Rigg, and Van A. Lupo 
state that the NPRM is based on a single incident where the airplane 
was used for training on a grass strip, and Diamond Aircraft issued a 
mandatory service bulletin requiring inspection of the nosewheel pivot 
pin for airplanes flying out of grass runways.
    Two of the commenters state that they operate their airplane out of 
paved runways and fly less than 500 hours a year. Requiring inspections 
every 200 hours seems more than what the situation warrants.
    We infer the commenters feel the proposed initial inspection 
compliance time of ``within the next 100 hours time-in-service (TIS) 
after the effective date of this AD'' and the repetitive inspection 
requirement of ``every 200 hours TIS thereafter'' is unwarranted and 
too burdensome.
    The commenters request the compliance time for the initial and 
repetitive inspections be changed to the next annual inspection.
    We partially agree with the commenters. We cannot enforce a 
compliance time of ``at the next annual inspection after the effective 
date of this AD.'' Such a compliance time could cause an increased 
burden on the owner/operator if their annual inspection came due the 
day after this AD becomes effective, which would ground the airplane. 
Unless it is determined to be an urgent safety of flight condition, we 
are required to give owner/operators a grace period after the AD 
becomes effective to schedule the airplane for maintenance. We can 
provide a compliance time of 12 months to coincide with annual 
inspections.

[[Page 46550]]

    We will change the compliance times for the initial and repetitive 
inspections in this final rule AD action to add 12 months and change to 
200 hours TIS (whichever occurs later) to allow more time for 
scheduling purposes and to lessen the burden from the compliance time 
proposed in the NPRM.

Comment Issue No. 2: AD Unwarranted

    Daniel P. Ferry, Jr. of Ferry Aviation LLC states the need for an 
AD requiring an inspection is unwarranted. He states that the existing 
service bulletin is adequate to ensure safety, and the problem does not 
seem widespread or a severe safety risk.
    We infer the commenter wants the NPRM withdrawn.
    We do not agree with the commenter. We have examined the 
information provided by the MCAI and determined that an unsafe 
condition does exist that warrants AD action. Issuing an AD is the only 
way we can mandate that the instructions and procedures in a service 
bulletin are followed.
    We are not changing the final rule AD action based on this comment.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 476 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $38,080 or $80 per product.
    In addition, we estimate that any necessary follow-on actions will 
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 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 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 the NPRM, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-17-06 Diamond Aircraft Industries GmbH: Amendment 39-15164; 
Docket No. FAA-2007-27974; Directorate Identifier 2007-CE-040-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 25, 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.
------------------------------------------------------------------------

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 cracks may also develop on other serial No. pending the type of 
operation.

Actions and Compliance

    (f) Unless already done, do the following actions:

[[Page 46551]]

    (1) Inspect the nose landing gear leg for cracks as follows.
    (i) Initially within the next 12 months after September 25, 2007 
(the effective date of this AD) or within the next 200 hours time-
in-service (TIS) after September 25, 2007 (the effective date of 
this AD), whichever occurs later.
    (ii) Repetitively inspect thereafter at intervals not to exceed 
12 months or 200 hours TIS, whichever occurs later.
    (2) Replace the nose landing gear leg before further flight 
after any inspection required by paragraph (f)(1) of this AD in 
which cracks are found.
    (3) After doing the replacement required in paragraph (f)(2) of 
this AD, repetitively inspect at intervals not to exceed 12 months 
or 200 hours TIS, whichever occurs later.
    (4) Do the actions required in paragraphs (f)(1), (f)(2), and 
(f)(3) 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.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB40-046/1, No. MSBD4-046/1, dated April 25, 
2007, to do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Strabe 5, A-2700 Wiener 
Neustadt; Fax: **43-2622-26620; or e-mail: [email protected].
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 10, 2007.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-16098 Filed 8-20-07; 8:45 am]
BILLING CODE 4910-13-P