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CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2008-0685; Directorate Identifier 2008-CE-037-AD]

RIN ID: RIN 2120-AA64

NOTICE: PROPOSED RULES

ACTION: Airworthiness Directives:

DOCUMENT ACTION: Notice of proposed rulemaking (NPRM).

SUBJECT CATEGORY: Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 42 Airplanes

DATES: We must receive comments on this proposed AD by July 23, 2008.

DOCUMENT 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:

[[Page 35362]]

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

SUMMARY: Diamond Aircraft Industries GmbH Model DA 42 Airplanes,

SUPPLEMENTAL INFORMATION

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. FAA20080685; Directorate Identifier 2008CE037AD'' 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:// www.regulations.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

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No. 20080086, dated May 13, 2008 (referred to after this as ``the MCAI''), 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 inservice 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 DAI90270001. In addition, this AD prohibits the reinstallation of P/N DA427175000 aileron bellcranks and bent rod ends P/N DAI 90270001 as replacement in the future.

Relevant Service Information

Diamond Aircraft Industries GmbH has issued Mandatory Service Bulletin No. MSB42043/1, dated April 3, 2008; Diamond Aircraft Industries GmbH Work Instruction WIMSB42043, dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing Number D6027170000, dated January 24, 2008. 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

We estimate that this proposed AD will affect 156 products of U.S. registry. We also estimate that it would take about 3 workhours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per workhour (no labor cost; 3 workhours warranty given by manufacturer). Required parts would cost $0 (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 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 proposed 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 [[Page 35363]]
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. 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 39AIRWORTHINESS 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. FAA20080685;
Directorate Identifier 2008CE037AD.
Comments Due Date
(a) We must receive comments by July 23, 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) DA427175000 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 inservice 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 DAI90270001. In addition, this AD prohibits the reinstallation of P/N DA427175000 aileron bellcranks and bent rod ends P/N DAI 90270001 as replacement in the future.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within the next 200 hours timeinservice (TIS) after the effective date of this AD, replace the aileron bellcrank, P/N DA4 27175000, with the improved design aileron bellcrank, P/N DA4 2717500001, and replace any bent rod ends, P/N DAI90270001, with straight rod ends, P/N DAI90270001, following Mandatory Service Bulletin No. MSB42043/1, dated April 3, 2008; Diamond Aircraft Industries GmbH Work Instruction WIMSB42043, dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing Number D6027170000, dated January 24, 2008.
(2) As of the effective date of this AD, do not install any aileron bellcrank, P/N DA427175000, or bent rod ends, P/N DAI 90270001.

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) 3294145; fax: (816) 3294090. 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 FAAapproved. Corrective actions are considered FAAapproved 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 21200056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No. 20080086, dated May 13, 2008; Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB42043/1, dated April 3, 2008; Diamond Aircraft Industries GmbH Work Instruction WIMSB42043, dated February 4, 2008; and Diamond Aircraft Industries GmbH Drawing Number D6027170000, dated January 24, 2008, for related

information.

Issued in Kansas City, Missouri, on June 17, 2008. David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E814078 Filed 62008; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 3294145; fax: (816) 3294090.