
[Federal Register: August 13, 2008 (Volume 73, Number 157)]
[Rules and Regulations]               
[Page 47041-47043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au08-6]                         

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0685 Directorate Identifier 2008-CE-037-AD; 
Amendment 39-15638; AD 2008-16-20]
RIN 2120-AA64

 
Airworthiness Directives; Diamond Aircraft Industries GmbH Model 
DA 42 Airplanes

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

ACTION: Final rule.

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

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

    The original designed bellcrank for the aileron control system 
in the wing needed to be installed with slightly bent rod ends 
during production of the aircraft to avoid friction and possible 
chafing. In addition to being a nonpreferable production practice, 
this creates the risk of replacement parts being installed during 
subsequent in-service maintenance without being bent or not being 
bent correctly. This condition, if not detected and corrected, could 
lead to chafing damage of the aileron control system and consequent 
loss of control of the aircraft.

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

DATES: This AD becomes effective September 17, 2008.
    On September 17, 2008, 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://
www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR 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 June 23, 2008 (73 FR 
35361). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The original designed bellcrank for the aileron control system 
in the wing needed to be installed with slightly bent rod ends 
during production of the aircraft to avoid friction and possible 
chafing. In addition to being a nonpreferable production practice, 
this creates the risk of replacement parts being installed during 
subsequent in-service maintenance without being bent or not being 
bent correctly. This condition, if not detected and corrected, could 
lead to chafing damage of the aileron control system and consequent 
loss of control of the aircraft.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 156 products of U.S. registry. We also estimate that it will 
take about 3 work-hours per product to comply with basic requirements 
of this AD. The average labor rate is $80 per work-hour. Required parts 
will cost about $0 per product (warranty credit given by manufacturer) 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no

[[Page 47042]]

charge for these costs. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $0, or $0 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, part A, subpart III, section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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:

2008-16-20 Diamond Aircraft Industries GmbH: Amendment 39-15638; 
Docket No. FAA-2008-0685; Directorate Identifier 2008-CE-037-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model DA 42 airplanes, all serial 
numbers, with aileron bellcranks part number (P/N) DA4-2717-50-00 
installed, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

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

    The original designed bellcrank for the aileron control system 
in the wing needed to be installed with slightly bent rod ends 
during production of the aircraft to avoid friction and possible 
chafing. In addition to being a nonpreferable production practice, 
this creates the risk of replacement parts being installed during 
subsequent in-service maintenance without being bent or not being 
bent correctly. This condition, if not detected and corrected, could 
lead to chafing damage of the aileron control system and consequent 
loss of control of the aircraft. Diamond Aircraft Industries GmbH 
has now developed a new aileron bellcrank that allows for additional 
angular movement of the push rod, thereby eliminating the chafing 
risk without using bent rod ends.
    For the reasons described above, this EASA Airworthiness 
Directive (AD) requires the replacement of the aileron bellcrank 
with an improved part and the replacement of any bent rod ends P/N 
DAI-9027-00-01. In addition, this AD prohibits the reinstallation of 
P/N DA4-2717-50-00 aileron bellcranks and bent rod ends P/N DAI-
9027-00-01 as replacement in the future.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 200 hours time-in-service (TIS) after 
September 17, 2008 (the effective date of this AD), replace the 
aileron bellcrank, P/N DA4-2717-50-00, with the improved design 
aileron bellcrank, P/N DA4-2717-50-00-01, and replace any bent rod 
ends, P/N DAI-9027-00-01, with straight rod ends, following 
Mandatory Service Bulletin No. MSB-42-043/1, dated April 3, 2008; 
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-043, 
dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing 
Number D60-2717-00-00, dated January 24, 2008.
    (2) As of September 17, 2008 (the effective date of this AD), do 
not install any aileron bellcrank, P/N DA4-2717-50-00, or bent rod 
ends, P/N DAI-9027-00-01.

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 Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: 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 European Aviation Safety Agency (EASA) AD No. 
2008-0086, dated May 13, 2008; Diamond Aircraft Industries GmbH 
Mandatory Service Bulletin No. MSB-42-043/1, dated April 3, 2008;

[[Page 47043]]

Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-043, 
dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing 
Number D60-2717-00-00, dated January 24, 2008, for related 
information.

Material Incorporated by Reference

    (i) You must use Diamond Aircraft Industries GmbH Mandatory 
Service Bulletin No. MSB-42-043/1, dated April 3, 2008; Diamond 
Aircraft Industries GmbH Work Instruction WI-MSB-42-043, dated 
February 4, 2008; and Diamond Aircraft Industries GmbH Drawing 
Number D60-2717-00-00, dated January 24, 2008, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 
Wiener Neustadt; telephone: +43 2622 26700; fax: +43 2622 26780; e-
mail: office@diamond-air.at.
    (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 1, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-18205 Filed 8-12-08; 8:45 am]

BILLING CODE 4910-13-P
