Proposed Rule2022-07527
Airworthiness Directives; Diamond Aircraft Industries Inc. Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 8, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 40 NG airplanes. 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 baggage nets installed with defective buckles, which may result in failure of the baggage net to restrain the baggage or cargo, which could lead to injury to the occupants in the case of an emergency landing. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20781-20783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07527]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0450; Project Identifier MCAI-2021-00854-A]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries Inc.
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA
40 NG airplanes. 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 baggage
nets installed with defective buckles, which may result in failure of
the baggage net to restrain the baggage or cargo, which could lead to
injury to the occupants in the case of an emergency landing. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 23,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road,
London, N5V 1S2, Canada; phone: (519) 457-4000; email:
<a href="/cdn-cgi/l/email-protection#4a1e641e3f240a2e232b2725242e2b233829382b2c3e64292527"><span class="__cf_email__" data-cfemail="b9ed97edccd7f9ddd0d8d4d6d7ddd8d0cbdacbd8dfcd97dad6d4">[email protected]</span></a>. You may view this service information 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.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0450; 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.
FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety
Engineer, New York ACO Branch, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (516) 228-7300; email:
<a href="/cdn-cgi/l/email-protection#9ddef5f4effce4e8b3dcb3dae8ede9fcddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="64270c0d16051d114a254a2311141005240205054a030b12">[email protected]</span></a>.
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 the ADDRESSES section. Include ``Docket No. FAA-2022-0450;
Project Identifier MCAI-2021-00854-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 this 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 AD.
[[Page 20782]]
Submissions containing CBI should be sent to Chirayu Gupta, Aviation
Safety Engineer, New York ACO Branch, 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
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2021-24, dated July 21, 2021 (referred to
after this as ``the MCAI''), to correct an unsafe condition on all
Diamond Aircraft Industries Inc. Model DA 40, DA 40 D, DA 40 F, DA 40
NG, and DA 62 airplanes. The MCAI states:
Diamond Aircraft Industries Inc. (DAI) has received reports of
defective buckles installed as part of the baggage nets on DA 40 NG
and DA 62 aeroplanes. An investigation revealed a quality escape in
the manufacturing of the Quick Fix Baggage Net Assembly, part number
(P/N) D44-2550-90-00 and P/N D67-2550-90-00_02, by the supplier. P/N
D44-2550-90-00 baggage nets can also be installed on DA 40, DA 40 D
and DA 40 F aeroplanes. The baggage nets installed with defective
buckles may not maintain sufficient holding force to restrain the
baggage or cargo that is carried in the same compartment as
passengers, and consequently, may not provide adequate means to
protect the passengers from injury.
This condition, if not corrected, could result in the failure of
the baggage net to restrain the baggage or cargo, which could lead
to injury to the occupants in the case of an emergency landing.
DAI undertook a voluntary campaign to replace all defective
Quick Fix Baggage Net Assemblies. However, DAI was unable to
complete the campaign in its entirety, and therefore, a number of
aeroplanes with defective baggage nets that have not yet been
replaced, remain in operation.
As a result, DAI issued Mandatory Service Bulletin (MSB) 40-093,
MSB D4-110, MSB F4-039, MSB 40NG-065 and MSB 62-028, providing
accomplishment instructions to replace the defective Quick Fix
Baggage Net Assemblies.
This [Transport Canada] AD mandates the removal and replacement
of the affected baggage nets. This [Transport Canada] AD also
renders any affected baggage nets not eligible for installation as a
replacement part on DA 40, DA 40 D, DA 40 F, DA 40 NG and DA 62
aeroplanes.
You may examine the MCAI in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2022-
0450.
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 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 service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following service information issued by
Diamond Aircraft Industries, which specify procedures for identifying,
removing, and replacing the affected baggage nets.
<bullet> Mandatory Service Bulletin No. MSB 40-093, Rev. 0, dated
July 6, 2021.
<bullet> Mandatory Service Bulletin No. MSB F4-039, Rev. 0, dated
July 6, 2021.
<bullet> Mandatory Service Bulletin No. MSB 40NG-065, Rev. 1, dated
July 6, 2021.
These documents are distinct since they apply to different airplane
models.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Differences Between This Proposed AD and the MCAI or Service
Information
The MCAI applies to Diamond Aircraft Industries Inc. Model DA 40,
DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes. This proposed AD would
not apply to Model DA 62 airplanes. The FAA plans to address Model DA
62 airplanes in future rulemaking.
In addition, the MCAI applies to the Model DA 40 D airplane and
this proposed AD would not because it does not have an FAA type
certificate.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 800 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost airplane operators
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Replace Model DA 40, DA 40 F, and DA 0.25 work-hour x $85 per $382 $403.25 $322,600
40 NG baggage net. hour = $21.25.
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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 this 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.
[[Page 20783]]
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 adding the following new airworthiness
directive:
Diamond Aircraft Industries Inc.: Docket No. FAA-2022-0450; Project
Identifier MCAI-2021-00854-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 23, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Diamond Aircraft Industries Inc. Model DA 40,
DA 40 F, and DA 40 NG airplanes (including Model DA 40 D airplanes
that have been converted to Model DA 40 NG), all serial numbers,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2550, Cargo
Compartments.
(e) Unsafe Condition
This AD was prompted by 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 baggage nets
installed with defective buckles. The FAA is issuing this AD to
prevent failure of the baggage net to restrain the baggage or cargo.
This unsafe condition, if not corrected, could result in injury to
occupants in the case of an emergency landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definition
The following are ``affected baggage nets'' for purposes of this
AD:
(1) Quick fix baggage net assembly part number (P/N) D44-2550-
90-00 with a date of manufacture of December 2015, November 2016, or
March 2017; and
(2) Quick fix baggage net assembly P/N D67-2550-90-00_02 with a
date of manufacture of June 2016.
(h) Required Actions
(1) Within 12 months after the effective date of this AD or
within 50 hours time-in-service (TIS) after the effective date of
this AD, whichever occurs first, inspect each baggage net to
determine whether an affected baggage net is installed on your
airplane.
Note to paragraph (h)(1): The date of manufacture is located on
the label with the abbreviation ``DMF.''
(i) If an affected baggage net is installed, before further
flight, remove the baggage net from service.
(ii) Before the next flight carrying baggage or cargo in the
baggage compartment, install a baggage net that is not an affected
baggage net in accordance with Figure 1 of the Accomplishment
Instructions in the applicable service information in paragraph (i)
of this AD.
(2) As of the effective date of this AD, do not install an
affected baggage net on any airplane.
(i) Service Information
(1) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB 40-093, Rev. 0, dated July 6, 2021, for Model DA 40 airplanes.
(2) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB F4-039, Rev. 0, dated July 6, 2021, for Model DA 40 F airplanes.
(3) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB 40NG-065, Rev. 1, dated July 6, 2021, for Model DA 40 NG
airplanes.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, New York ACO 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 certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD.
(2) For any requirement in this AD to obtain corrective actions
from a manufacturer, the action must instead be accomplished using a
method approved by the Manager, New York ACO Branch, FAA; or
Transport Canada Civil Aviation (TCCA); or Diamond Aircraft
Industries Inc.'s Design Organization Approval (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.
(k) Related Information
(1) For more information about this AD, contact Chirayu Gupta,
Aviation Safety Engineer, New York ACO Branch, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228-7300; email:
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="cdaea5a4bfacb4b8e3ace3aab8bdb9ac8dabacace3aaa2bb">[email protected]</a>.
(2) Refer to Transport Canada AD CF-2021-24, dated July 21,
2021, for more information. You may examine the Transport Canada AD
in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0450.
(3) For service information identified in this AD, contact
Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road,
London, N5V 1S2, Canada; phone: (519) 457-4000; email:
<a href="/cdn-cgi/l/email-protection#d88cf68cadb698bcb1b9b5b7b6bcb9b1aabbaab9beacf6bbb7b5"><span class="__cf_email__" data-cfemail="f7a3d9a38299b7939e969a989993969e859485969183d994989a">[email protected]</span></a>. You may view this referenced service
information 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.
Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-07527 Filed 4-7-22; 8:45 am]
BILLING CODE 4910-13-P
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