Rule2022-14335
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
July 7, 2022
Effective
August 11, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 40 NG airplanes. 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, 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. This AD requires identifying and replacing the affected part. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40435-40438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14335]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0450; Project Identifier MCAI-2021-00854-A;
Amendment 39-22092; AD 2022-13-06]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries Inc.
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Diamond Aircraft Industries Inc. Model DA 40, DA 40 F, and DA 40 NG
airplanes. This AD was prompted by mandatory continuing airworthiness
[[Page 40436]]
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. This AD
requires identifying and replacing the affected part. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective August 11, 2022.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 11,
2022.
ADDRESSES: For service information identified in this final rule,
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#b2e69ce6c7dcf2d6dbd3dfdddcd6d3dbc0d1c0d3d4c69cd1dddf"><span class="__cf_email__" data-cfemail="a9fd87fddcc7e9cdc0c8c4c6c7cdc8c0dbcadbc8cfdd87cac6c4">[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.
Service information that is incorporated by reference is also available
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2022-0450.
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 final rule, the
MCAI, any comments received, and other information. The address for
Docket Operations is 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: 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#b2f1dadbc0d3cbc79cf39cf5c7c2c6d3f2d4d3d39cd5ddc4"><span class="__cf_email__" data-cfemail="f7b49f9e85968e82d9b6d9b082878396b7919696d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Diamond Aircraft
Industries Inc. Model DA 40, DA 40 F, and DA 40 NG airplanes. The NPRM
published in the Federal Register on April 8, 2022 (87 FR 20781). The
NPRM was prompted by MCAI originated by Transport Canada, which is the
aviation authority for Canada. Transport Canada issued AD CF-2021-24,
dated July 21, 2021 (referred to after this as ``the MCAI''), to
address 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.
In the NPRM, the FAA proposed to require identifying and replacing
affected baggage nets. 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received one comment on the NPRM from an individual. The
commenter supported the NPRM without change.
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,
considered the comment received, 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.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following service information issued by
Diamond Aircraft Industries Inc., 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 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 AD does 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 airplanes and
this AD does not because it does not have an FAA type certificate.
Costs of Compliance
The FAA estimates that this AD affects 800 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
[[Page 40437]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost airplane operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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
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) 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 adding the following new airworthiness
directive:
2022-13-06 Diamond Aircraft Industries Inc.: Amendment 39-22092;
Docket No. FAA-2022-0450; Project Identifier MCAI-2021-00854-A.
(a) Effective Date
This airworthiness directive (AD) is effective August 11, 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 airplanes), 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) Definitions
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
[[Page 40438]]
11590; phone: (516) 228-7300; email: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="17747f7e65766e6239763970626763765771767639707861">[email protected]</a>.
(2) Refer to Transport Canada AD CF-2021-24, dated July 21,
2021, for more information. You may view the Transport Canada AD at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FAA-2022-0450.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB 40-093, Rev. 0, dated July 6, 2021.
(ii) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB 40NG-065, Rev. 1, dated July 6, 2021.
(iii) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB F4-039, Rev. 0, dated July 6, 2021.
(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#14403a40617a54707d75797b7a70757d6677667572603a777b79"><span class="__cf_email__" data-cfemail="8bdfa5dffee5cbefe2eae6e4e5efeae2f9e8f9eaedffa5e8e4e6">[email protected]</span></a>.
(4) 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: <a href="/cdn-cgi/l/email-protection#a1c7d38fc8cfd2d1c4c2d5c8cecfe1cfc0d3c08fc6ced7"><span class="__cf_email__" data-cfemail="2147530f484f5251444255484e4f614f4053400f464e57">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on June 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-14335 Filed 7-6-22; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.