Airworthiness Directives; Diamond Aircraft Industries Inc. (Type Certificate Previously Held by Diamond Aircraft Industries GmbH) Airplanes

[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Rules and Regulations]
[Pages 85037-85040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24758]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1696; Project Identifier MCAI-2023-01234-A; 
Amendment 39-22850; AD 2024-19-08]
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: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (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 required 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 AD results from changes made to the 
part replacement options and the repetitive inspections. This AD 
requires 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 AD also requires eventually replacing all NLG 
legs having certain part numbers with serviceable parts, if not already 
done, and prohibits installing affected parts. Replacing affected parts 
with serviceable parts is terminating action for the repetitive 
inspections specified in this AD. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective November 29, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 29, 
2024.

ADDRESSES: 
    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 final rule, the MCAI, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-

[[Page 85038]]

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For Diamond Aircraft Industries Inc. material identified 
in this AD, 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.
    <bullet> 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. It is also available at regulations.gov under 
Docket No. FAA-2024-1696.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2009-10-04, Amendment 39-15899 (74 FR 
22435, May 13, 2009) (AD 2009-10-04). AD 2009-10-04 applied 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 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.
    AD 2009-10-04 superseded and maintained 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 were found. The FAA issued AD 2009-10-04 to 
exclude from the applicability any airplanes that had the improved NLG 
leg installed.
    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-2023-50 differed from the Diamond material 
because Transport Canada AD CF-2023-50 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.
    The NPRM published in the Federal Register on July 5, 2024 (89 FR 
55525). The NPRM was prompted by failure of a NLG in the area of the 
pivot axle and changes made to the part replacement options and the 
repetitive inspections as detailed in the MCAI. The MCAI was published 
to address the time interval change of the repetitive inspection from 
100-hour intervals to 110-hour intervals to align with the scheduled 
100-hour inspection in chapter 5 of the DA 40 series Airplane 
Maintenance Manual.
    In the NPRM, the FAA proposed to require repetitive detailed 
inspections of the NLG leg pivot axle for cracking and if cracking was 
found replacing that part with a serviceable part. In the NPRM, the FAA 
also proposed to 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 is terminating action for the repetitive inspections 
required by this AD.
    The FAA is issuing this AD to address the unsafe condition on these 
products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1696.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. This AD is adopted as proposed in the NPRM.

Material Incorporated by Reference 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.

Differences Between This AD, the MCAI, and the Material

    The MCAI applies to Model DA 40 D airplanes, however, this AD does 
not

[[Page 85039]]

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 AD requires, 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 affects 693 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this 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   $50 per inspection  $135 per            Up to $93,555 per
                                   per hour = $85      cycle.              inspection cycle.   inspection cycle.
                                   per inspection
                                   cycle.
Replace NLG leg.................  2 work-hours x $85  $3,900............  $4,070............  Up to $2,820,510.
                                   per hour = $170.
----------------------------------------------------------------------------------------------------------------

    The costs of the 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 are only affected 
by the installation prohibition.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 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 has 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

    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:
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:

2024-19-08 Diamond Aircraft Industries Inc. (Type Certificate 
Previously Held by Diamond Aircraft Industries GmbH): Amendment 39-
22850; Docket No. FAA-2024-1696; Project Identifier MCAI-2023-01234-
A.

(a) Effective Date

    This airworthiness directive (AD) is effective November 29, 
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 nose landing gear (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 purpose 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

[[Page 85040]]

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 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 identified in this 
AD, 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 October 21, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-24758 Filed 10-24-24; 8:45 am]
BILLING CODE 4910-13-P

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