[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Proposed Rules]
[Pages 55525-55528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14140]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Proposed 
Rules  

[[Page 55525]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1696; Project Identifier MCAI-2023-01234-A]
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: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2009-10-04, which applies 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 requires 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 
proposed AD results from changes made to the part replacement options 
and the repetitive inspections. This proposed AD would require 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 proposed AD would also 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 would be terminating action for the repetitive 
inspections specified in this proposed AD. The FAA is proposing this AD 
to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by August 19, 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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 NPRM, the MCAI, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Diamond Aircraft Industries material, 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.

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: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2024-1696; Project Identifier 
MCAI-2023-01234-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The FAA issued AD 2009-10-04, Amendment 39-15899 (74 FR 22435, May 
13, 2009) (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 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.

[[Page 55526]]

    AD 2009-10-04 superseded and maintains 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 are found. The FAA issued AD 2009-10-04 to 
exclude from the applicability any airplanes that have the improved NLG 
leg installed.

Actions Since AD 2009-10-04 Was Issued

    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-2023-20 differed from the Diamond material 
because Transport Canada AD CF-2023-20 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1696.

Related Material 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.

FAA's Determination

    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 and material referenced above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2009-
10-04. This proposed AD would require 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 proposed AD 
would require eventually replacing all NLG legs having certain part 
numbers with serviceable parts, if not already done, and prohibiting 
installing affected parts. Replacing affected parts with serviceable 
parts would be terminating action for the repetitive inspections that 
would be required by this proposed AD.

Differences Between This Proposed AD, the MCAI, and the Material

    The MCAI applies to Model DA 40 D airplanes, however, this proposed 
AD would not 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 proposed AD would require, 
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, if adopted as proposed, would 
affect 693 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
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 per   $50 per            $135 per           Up to $93,555 per
                                  hour = $85 per          inspection cycle.  inspection cycle.  inspection
                                  inspection cycle.                                             cycle.
Replace NLG leg................  2 work-hours x $85 per  $3,900...........  $4,070...........  Up to $2,820,510.
                                  hour = $170.
----------------------------------------------------------------------------------------------------------------

    The costs of the proposed 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 would 
only be affected by the installation prohibition.
    The FAA has included all known costs in its cost estimate. 
According to

[[Page 55527]]

the manufacturer, however, some of the costs of this proposed 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 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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 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

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:

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

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 19, 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 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 purposes 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 
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

[[Page 55528]]

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 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 June 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-14140 Filed 7-3-24; 8:45 am]
BILLING CODE 4910-13-P