[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)] [Rules and Regulations] [Pages 18670-18671] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-10306] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 96-CE-21-AD; Amendment 39-9579; AD 96-09-05] RIN 2120-AA65 Airworthiness Directives; Diamond Aircraft Industries Model DA 20-A1 Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This amendment adopts a new airworthiness directive (AD) that is applicable to Diamond Aircraft Industries (Diamond) Model DA 20-A1 airplanes. This action requires inspecting the aft wing cavities for manufacturing debris, removing any debris found, and modifying the aileron pushrod fairings to allow them to flex. Several reports of the aileron controls becoming blocked because of manufacturing debris getting jammed between the short aileron pushrod and the pushrod exit fairing on both left and right wings prompted this action. The actions specified by this AD are intended to prevent the aileron controls from becoming blocked causing jamming between the short aileron pushrod and the pushrod fairing exit, which, if not detected and corrected, could cause loss of control of the airplane. DATES: Effective May 17, 1996. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 17, 1996. Comments for inclusion in the Rules Docket must be received on or before June 17, 1996. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket 96-CE-21-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Service information that applies to this AD may be obtained from Diamond Aircraft Industries, Inc., 690 Crumlin Sideroad, Ontario, Canada N5V 1S2; telephone (519) 457-4000; facsimile (519) 457-4037. This information may also be examined at the Federal Aviation Administration (FAA), Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket 96-CE-21-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Mr. Gregory J. Michalik, Senior Aerospace Engineer, FAA, Chicago Aircraft Certification Office, 2300 E. Devon, Des Plaines, Illinois 60018; telephone (847) 294-7135; facsimile (847) 294-7834. SUPPLEMENTARY INFORMATION: Transport Canada, which is the airworthiness authority for Canada, recently notified the FAA that an unsafe condition may exist on Diamond Model DA 20-A1 airplanes. Transport Canada advises that partial blockage of the aileron controls because of manufacturing debris jamming between the short aileron pushrod and pushrod exit fairing has occurred in several of these airplanes. Diamond Aircraft Industries has issued service bulletin (SB) No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996, which specifies procedures for inspecting the inside of the wings for debris, removing any debris, and modifying the aileron pushrod fairings. Transport Canada classified this service bulletin as mandatory and issued Emergency AD CF-96-07, dated March 15, 1996 in order to assure the continued airworthiness of these airplanes in Canada. This airplane model is manufactured in Canada and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, Transport Canada has kept the FAA informed of the situation described above. After examining the circumstances and reviewing all available information related to the incidents described above including that received from Transport Canada, the FAA has determined that AD action should be taken in order to prevent the aileron controls from becoming blocked causing jamming between the short aileron pushrod and the pushrod fairing exit, which, if not detected and corrected, could cause loss of control of the airplane. Since an unsafe condition has been identified that is likely to exist or develop in other Diamond Model DA 20-A1 airplanes of the same type design registered for operation in the United States, this AD requires visually inspecting the aft wing cavities (both wings) for any manufacturing debris or foreign objects, removing any debris found, and modifying the aileron pushrod fairings in both wings. The actions are to be accomplished in accordance with the instructions in Diamond SB No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996. Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for public prior comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. Comments Invited Although this action is in the form of a final rule that involves requirements affecting immediate flight safety and, thus, was not preceded by notice and opportunity to comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. [[Page 18671]] Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 96-CE-21-AD.'' The postcard will be date stamped and returned to the commenter. The regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The FAA has determined that this regulation is an emergency regulation and that must be issued immediately to correct an unsafe condition in aircraft, and is not a significant regulatory action under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39--AIRWORTHINESS 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. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: 96-09-05 Diamond Aircraft Industries: Amendment 39- 9579 ; Docket No. 96-CE-21-AD. Applicability: Model DA 20-A1 airplanes (serial numbers 10002 through 10110), certificated in any category. Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (d) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. Compliance: Required within the next 10 hours time-in-service (TIS), unless already accomplished. To prevent the aileron controls from becoming blocked causing jamming between the short aileron pushrod and the pushrod fairing exit, which, if not detected and corrected, could cause loss of control of the airplane, accomplish the following: (a) Visually inspect the aft wing cavities (both wings) for any manufacturing debris or foreign objects and remove any debris found in accordance with the ACCOMPLISHMENT INSTRUCTIONS: ``-Inspection'' section of Diamond Alert Service Bulletin (SB) No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996. (b) Modify the aileron pushrod fairings (both wings) in accordance with the ACCOMPLISHMENT INSTRUCTIONS: ``-Modification of Fairing'' section of Diamond Alert SB No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996. (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. (d) An alternative method of compliance or adjustment of the initial or repetitive compliance times that provides an equivalent level of safety may be approved by the Manager, Chicago Aircraft Certification Office (ACO), 2300 E. Devon, Des Plaines, Illinois 60018. The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Chicago ACO. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Chicago Aircraft Certification Office. (e) The inspection and modification required by this AD shall be done in accordance with Diamond Aircraft Industries Alert Service Bulletin No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Diamond Aircraft Industries, Inc., 690 Crumlin Sideroad, Ontario, Canada N5V 1S2; telephone (519) 457- 4000; facsimile (519) 457-4037. Copies may be inspected at the FAA, Central Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW., 7th Floor, suite 700, Washington, DC. (f) This amendment (39-9579) becomes effective on May 17, 1996. Issued in Kansas City, Missouri, on April 18, 1996. Henry A. Armstrong, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 96-10306 Filed 4-26-96; 8:45 am] BILLING CODE 4910-13-P