Rule2023-27523
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
December 15, 2023
Effective
January 19, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Diamond Aircraft Industries Inc. Model DA 62 airplanes. This AD was prompted by reports of 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
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<title>Federal Register, Volume 88 Issue 240 (Friday, December 15, 2023)</title>
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[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Rules and Regulations]
[Pages 86819-86821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27523]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1812; Project Identifier MCAI-2023-00726-A;
Amendment 39-22602; AD 2023-22-18]
RIN 2120-AA64
Airworthiness Directives; Diamond Aircraft Industries Inc.
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Diamond Aircraft Industries Inc. Model DA 62 airplanes. This AD was
prompted by reports of 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 January 19, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 19,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1812; 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 mandatory continuing airworthiness
information (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.
Material Incorporated by Reference:
<bullet> 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#13673d67667d532f72337b6176752e" http: diamondaircraft.com">diamondaircraft.com</a>">t.tun@<a href="http://diamondaircraft.com">diamondaircraft.com</a></a>; website: <a href="http://diamondaircraft.com">diamondaircraft.com</a>.
<bullet> 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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1812.
FOR FURTHER INFORMATION CONTACT: Fatin Saumik, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (516) 228-7350; email: <a href="/cdn-cgi/l/email-protection#51373025383f7f237f2230243c383a113730307f363e27"><span class="__cf_email__" data-cfemail="3e585f4a5750104c104d5f4b5357557e585f5f10595148">[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 62 airplanes. The NPRM published in the
Federal Register on September 1, 2023 (88 FR 60406). The NPRM was
prompted by AD CF-2021-24, dated July 21, 2021 (also referred to as the
MCAI), issued by Transport Canada, which is the aviation authority for
Canada. The MCAI states Diamond Aircraft Industries Inc. received
reports of defective buckles installed on the baggage nets on DA 40 NG
and DA 62
[[Page 86820]]
airplanes. An investigation revealed a quality issue during 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 airplanes. 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. Consequently,
they 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. The
MCAI mandates the removal and replacement of the affected baggage nets.
The MCAI also renders any affected baggage nets not eligible for
installation as a replacement part on Diamond Aircraft Industries Inc.
Model DA 40, DA 40 D, DA 40 F, DA 40 NG, and DA 62 airplanes.
Previously, the FAA issued AD 2022-13-06, Amendment 39-22092 (87 FR
40435, July 7, 2022) (AD 2022-13-06) to address the unsafe condition on
all 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). AD 2022-13-06 requires removing and
replacing the affected baggage nets. The Diamond Aircraft Industries
Inc. Model DA 62 airplanes were not included in AD 2022-13-06. This AD
requires these same actions on the Diamond Aircraft Industries Inc.
Model DA 62 airplanes.
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.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1812.
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.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Diamond Aircraft Industries Mandatory Service
Bulletin MSB 62-028, Rev. 1, dated July 6, 2021, which specifies
procedures for identifying, removing, and replacing the affected
baggage nets.
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 ADDRESSES.
Differences Between This AD and the MCAI
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 only applies
to Diamond Aircraft Industries Inc. Model DA 62 airplanes and does not
apply to Model DA 40, DA 40 F, and DA 40 NG airplanes because those
airplanes are already covered by AD 2022-13-06. This AD does not apply
to Model DA 40 D airplanes because that model does not have an FAA type
certificate.
Costs of Compliance
The FAA estimates that this AD affects 81 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replace baggage net................. 0.25 work-hour x $85 $441 $462.25 $37,442.25
per 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
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:
[[Page 86821]]
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:
2023-22-18 Diamond Aircraft Industries Inc: Amendment 39-22602;
Docket No. FAA-2023-1812; Project Identifier MCAI-2023-00726-A.
(a) Effective Date
This airworthiness directive (AD) is effective January 19, 2024.
(b) Affected ADs
AD 2022-13-06, Amendment 39-22092 (87 FR 40435, July 7, 2022) is
related to this AD.
(c) Applicability
This AD applies to Diamond Aircraft Industries Inc. Model DA 62
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 reports of 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. The unsafe
condition, if not addressed, 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: Quick fix baggage net assembly part number 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 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 1 to the introductory text of 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 Diamond Aircraft Industries Mandatory Service
Bulletin MSB 62-028, Rev. 1, dated July 6, 2021.
(2) As of the effective date of this AD, do not install an
affected baggage net on any airplane.
(i) 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 (j)(2) of this AD or email
to: <a href="/cdn-cgi/l/email-protection#4b72660a1d18660a0219667c787b660a0604080b2d2a2a652c243d"><span class="__cf_email__" data-cfemail="6e57432f383d432f273c43595d5e432f23212d2e080f0f40090118">[email protected]</span></a>. 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.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2021-24, dated July 21,
2021, for related information. This Transport Canada AD may be found
in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1812.
(2) For more information about this AD, contact Fatin Saumik,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (516) 228-7350; email:
<a href="/cdn-cgi/l/email-protection#afc9cedbc6c181dd81dccedac2c6c4efc9cece81c8c0d9"><span class="__cf_email__" data-cfemail="482e293c2126663a663b293d252123082e2929662f273e">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 MSB
62-028, Rev. 1, dated July 6, 2021.
(ii) [Reserved]
(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#7d09530908133d411c5d150f181b40" http: diamondaircraft.com">diamondaircraft.com</a>">t.tun@<a href="http://diamondaircraft.com">diamondaircraft.com</a></a>; website: <a href="http://diamondaircraft.com">diamondaircraft.com</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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#1d7b6f3374736e6d787e697472735d737c6f7c337a726b"><span class="__cf_email__" data-cfemail="86e0f4a8efe8f5f6e3e5f2efe9e8c6e8e7f4e7a8e1e9f0">[email protected]</span></a>.
Issued on November 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-27523 Filed 12-14-23; 8:45 am]
BILLING CODE 4910-13-P
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